rule to show cause @ her, whats next?

[my_2_girls]

I am working on a family court issue pro se. My ex and I divorced on Oct 13, 2010. I found out afterwords she took my property I was to receive and stored it at her job. She has admitted to it. Shortly after I discovered she has been involved with drugs and shady people. My girls started showing up talking about being hit, and with bruises. I documented each case. So I filed a "rule to show cause" on several counts and provided the courts with documents, pictures, and recordings.
I also have additional evidence that I would like to introduce at the hearing, but I am unsure on how to do that? For example, I have additional pictures of my children, and motions against her friends who have blackmailed and harassed me, or the fact she invited me over for me to go trick or treating with our girls, and I found pill bottles in her garbage that are tranquilizers, that have her friends name on it.
I got a response from her lawyer today, that they didn't receive all the evidence, and wish to suppress what ever they did not receive. She also denies every allegation, and that I am harassing her when I ask about the children's well being, school, medical visits, and therapies.

What do I do next? Can I introduce new evidence? Do I contact her attorney and tell her what evidence I have? I am to shield my children from my ex's narcissistic passive aggressive behavior, but feel like I'm in an uphill battle.

Please help!

 

[Proserpina]

What happened when CPS were called about the bruising?

What do expect the following to accomplish?

Pictures of your children
Motions against her friends
The fact that she invited you over go to trick or treating
Pill bottles belonging to someone else in her garbage

There's a reason for my questions.

 

[my_2_girls]

Custody, or increased visitation, or Guardian ad litem, or sanctions such as drug testing at her expense. whatever the court sees as best for my girls. I want to show that she is hanging around the wrong crowd, and doing drugs; and I'm worried about my 2 girls -physically. I am NOT looking to accomplish anything monetarily. Has nothing to do with money. How do I introduce new evidence? Do I need to contact her lawyer and share discovery in order for it to be admissable?

Edit: When CPS is contacted, my ex produces a forensic interview from July 2009 saying everything is ok. It isn't. However, CPS buys it.

Edit: Plus I want my property back, and if not, I want her fined or jailed.

she has put me through hell, and i fear for my kids.

 

[Proserpina]

Custody, or increased visitation, or Guardian ad litem, or sanctions such as drug testing at her expense.

What EXACTLY have you petitioned for? What are the most current orders?

I have a feeling you're in over your head here...but at least might be able to muddle through what it is that you've filed and want to accomplish.

whatever the court sees as best for my girls. I want to show that she is hanging around the wrong crowd, and doing drugs; and I'm worried about my 2 girls -physically. I am NOT looking to accomplish anything monetarily. Has nothing to do with money. How do I introduce new evidence? Do I need to contact her lawyer and share discovery in order for it to be admissable?

Edit: When CPS is contacted, my ex produces a forensic interview from July 2009 saying everything is ok. It isn't. However, CPS buys it.

Edit: Plus I want my property back, and if not, I want her fined or jailed.

she has put me through hell, and i fear for my kids.

Here's the thing - if CPS have investigated and concluded that there was nothing worrisome, any evidence related to those incidents isn't going to matter and will likely be tossed.

Unless Mom has recent drug arrests, charges or convictions, you're not going to get the court to order drug testing...they cannot do that without having a reason. Your allegations alone are nothing.

Specially since there is nothing to prove that Mom is doing drugs at all - the most you have is someone else's empty pill bottle.

In order to CHANGE custody, you have to do one of two things:

Either show that the children are being directly harmed or neglected, or show a major change in THEIR circumstances.

This means things such as...Mom marrying/moving in with a convicted child molester for example; Mom starving the children and letting them run naked in the streets at midnight during a deep freeze; educational neglect, that sort of thing.

Believe it or not, Mom is allowed to hang out with people you don't approve of. She's even allowed to marry and live with them. Unless you can prove that the situation is dangerous, you really don't have a leg to stand on.

The fact that Mom has an attorney and you don't is concerning, too.


As far as the property goes, that's likely a civil matter. You may need to sue her in small claims court, but she won't be going to jail.

 

[my_2_girls]

I know it is an uphill battle. I understand that. I am looking for the answer to these questions:
Can I introduce new evidence? or Do I contact her attorney and tell her what evidence I have?

 

[my_2_girls]

Her attitude and behavior are completely unacceptable. Not only do the girls show up at my place in these conditions, but she does drugs, i'm not allowed to know about the kids schools, medical situations, therapies....i'm not a babysitter who pays her money to be treated like i'm a piece of trash. I'm their father. She can do what she likes with her life, but leave my kids out of it. My question is, what do i do to introduce new admissable evidence?

edit: I have joint custody right now, so I would think I have some rights.

edit2: I also have legal documentation linking her to a criminal felony of embezzlement. This evidence has been handled by a law professional.

 

[Proserpina]

Her attitude and behavior are completely unacceptable.

To you, perhaps.

But you're not the one deciding.

The COURT decides.

Not only do the girls show up at my place in these conditions, but she does drugs, i'm not allowed to know about the kids schools, medical situations, therapies....i'm not a babysitter who pays her money to be treated like i'm a piece of trash. I'm their father. She can do what she likes with her life, but leave my kids out of it. My question is, what do i do to introduce new admissable evidence?

edit: I have joint custody right now, so I would think I have some rights.

edit2: I also have legal documentation linking her to a criminal felony of embezzlement. This evidence has been handled by a law professional.

Extra parenting time? Possible.

Having a GAL appointed? Possible - but you need a reason for this. Not just your allegations, not just your opinions and/or your objection to Mom's parenting style.


You need to speak with an attorney.

Frankly I think you're in way over your head, and you cannot - at least you haven't done so here - show that there is a change in circumstance to modify the current custody arrangement.

 

[my_2_girls]

Thank you for your opinion. I am looking for opinions. Maybe I should pick by battles. Possibly come up with a current compromise, and wait until she is charged with the felony?