malicious custody battle

Dana - posted on 04/20/2012 ( 2 moms have responded )




I was awarded primary custody of children 11 and 9 in 2007 through a mutual agreement between my ex and I that was incorporated in our final divorce decree.

Recently my kids visited my ex under some very unfortunate situation involving the illness of their sister from my current relationship. Their 3 year old sister soon after died and my ex and i agreed to extend the visitation to provide a less stressful grieving space for my children. The children later alleged to some disturbing acts of neglect and abuse from my ex and new girlfried. I decided to take back custody control. My ex then sends me a slew of threats via texts and days later filed a custody case in the state he lives siting children endangerment and ignorance of our current custody order. To solidify his claim he filed an altered version of the settlement agreement which deletes all relevant custody order.

The case was dismissed for lack merit and fraud and incorrect subject matter jurisdiction.

Two weeks later my ex files a suit in my state which includes, modification of custody/child support, mutual retraining order and to appoint a GAL.

He maintains the false possible abuse claim and genuine emergency fearing the kids lives. My Ex was the one that dropped the kids to me and only started this because i told him that the kids are staying home based on the concerning allegations which have all since prooved true.

Does anyone have legal advise? He was made to pay my attorney fees in the case ealier..can I get awarded the same now especially since I have alot of proof discrediting any concerns for the kids saftey in my care and that the kids do not want to go back? I don't have the money to hire an attorney this minute.


Louise - posted on 04/21/2012




If he is alledgeing these things it is up to him to prove it and not for you to defend. If there is no proof of what he is claiming then the judge will throw the case out and he will have to pay costs to you and the court. If you take him to court and your findings have no proof just hearsay then you would pay costs to him and the court.

It would not harm to prepare for court. List in date order when things were alledged and what proof you have that this is untrue. If you have any proof of neglect by his partner add it in for good measure. If he wants to play dirty let him feel the full force of your wrath. Pathetic man!


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Dana - posted on 04/21/2012




thanks for your response. i feel bad for my kids the most. i know i have nothing to worry about except for loss of time and aggrivation. however he is doing more harm to the kids that me. all the children's allegations of his endagerment and neglect were proven by credible experts. i just know better than to walk in court pro se facing such serious stuff.

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