Violent mom lives with felon, sells drugs, I want my son now!

[cmdbinc]

I learned a year ago that I had a son, and his mother has been gracious enough to allow me to have him every other month for the past 8 months. I recently learned that she has been charged with theft, assault, and aggravated trespassing. All these crimes involved my son; he was used in the theft, and left with a neighbor so she could go assault someone. She is a very violent person. Also, recently had a car accident, and told me that she's "glad the police didn't find her weapon under the seat", which she later told me was a knife. I'm not saying she is a bad person or even a bad mother. Her violent behavior has caused her to threaten my son saying things like "I'm gonna punch you in the neck" and "I'm about to hit you in the head with a rock" and more. I provide everything for my son except food and a roof at his mother's home. The utilities are in my name, all the clothes he has I bought, etc. When I picked him up the beginning of this month, I saw weed in small piles on the desk in plain sight. She also told me that my son had climbed out on the roof from the second story! Finally, she has chosen to allow a convicted violent offender to move in with her and watch my son while she is at work. I'm going to file a Complaint for Custody here in the county in which I live, even though she lives in a different county. We have never been married and there is not currently any custody order in place. I want custody of my son, and allow her to have supervised visitation only. Advice, please? What are my chances, as a father of a beautiful 3-year old boy, to get him out of his mother's care based on the facts? Thank you so much.

 

[jharris352]

You need to file a deprivation action in your juvenile court. I would get an attorney to handle it and then I would offer yourself as a custody placement. Generally deprivation actions are not meant to be custody actions, but your child is certainly in danger and could be deprived. Call an attorney, you have a good case.

 

[Proserpina]

I learned a year ago that I had a son, and his mother has been gracious enough to allow me to have him every other month for the past 8 months. I recently learned that she has been charged with theft, assault, and aggravated trespassing. All these crimes involved my son; he was used in the theft, and left with a neighbor so she could go assault someone. She is a very violent person. Also, recently had a car accident, and told me that she's "glad the police didn't find her weapon under the seat", which she later told me was a knife. I'm not saying she is a bad person or even a bad mother. Her violent behavior has caused her to threaten my son saying things like "I'm gonna punch you in the neck" and "I'm about to hit you in the head with a rock" and more. I provide everything for my son except food and a roof at his mother's home. The utilities are in my name, all the clothes he has I bought, etc. When I picked him up the beginning of this month, I saw weed in small piles on the desk in plain sight. She also told me that my son had climbed out on the roof from the second story! Finally, she has chosen to allow a convicted violent offender to move in with her and watch my son while she is at work. I'm going to file a Complaint for Custody here in the county in which I live, even though she lives in a different county. We have never been married and there is not currently any custody order in place. I want custody of my son, and allow her to have supervised visitation only. Advice, please? What are my chances, as a father of a beautiful 3-year old boy, to get him out of his mother's care based on the facts? Thank you so much.

So when you called CPS about all of this, what did they say?

 

[BayState]

I learned a year ago that I had a son, and his mother has been gracious enough to allow me to have him every other month for the past 8 months. I recently learned that she has been charged with theft, assault, and aggravated trespassing. All these crimes involved my son; he was used in the theft, and left with a neighbor so she could go assault someone. She is a very violent person. Also, recently had a car accident, and told me that she's "glad the police didn't find her weapon under the seat", which she later told me was a knife. I'm not saying she is a bad person or even a bad mother. Her violent behavior has caused her to threaten my son saying things like "I'm gonna punch you in the neck" and "I'm about to hit you in the head with a rock" and more. I provide everything for my son except food and a roof at his mother's home. The utilities are in my name, all the clothes he has I bought, etc. When I picked him up the beginning of this month, I saw weed in small piles on the desk in plain sight. She also told me that my son had climbed out on the roof from the second story! Finally, she has chosen to allow a convicted violent offender to move in with her and watch my son while she is at work. I'm going to file a Complaint for Custody here in the county in which I live, even though she lives in a different county. We have never been married and there is not currently any custody order in place. I want custody of my son, and allow her to have supervised visitation only. Advice, please? What are my chances, as a father of a beautiful 3-year old boy, to get him out of his mother's care based on the facts? Thank you so much.

There is a Family/Juvenile Attorney (site vetted) posting at

http://forum.freeadvice.com/login.p...4622-8a2b459fda7d76fa125f037cf3f8050603215045

She is also a Guardian Ad Litum.

I would suggest you start a thread there and see what she can advise. Please put on your "thick skin" as she is VERY BLUNT and doesn't pull punches.

 

[Duranie]

You need to file for custody and see if you can get this guy to stop babysitting. What crime was he convicted of? I think your chances of securing custody are good. A felon who is not the father, babysitting is reason for concern. You need to see an attorney and get whatever background you have on this guy and print it out.

Also if mom is going to jail, you should secure custody anyways.

 

[cmdbinc]

I have turned in 25 pages to CPS including a signed statement from myself, and all police records/arrest records. I have called to follow up with them and ask what has been done, and they told me it was confidential, even though I filed the complaint!! Anyway, I have since filed for custody and am awaiting the expediated hearing date. Until then, I have been advised to keep my son in my custody until further notice by the court, under advisement of my lawyer and the police department.

 

[cmdbinc]

He has been convicted of Domestsic Violence, Assault, and drug charges (marijuana). He is also still legally married, but living with my son's mother.