Temporary Custody

D - posted on 06/18/2014 ( 10 moms have responded )

89

0

15

My daughters father made up a horrible lie to the police and got me arrested. Being an alcoholic he has done some crazy stuff but this was too much! After being released I went home at 1030pm to find him passed out on our bed with our two year old awake walking down the stairs cause she heard me coming in the door. I immediately went to get an attorney the next day and file an emergency kick out order and temporary custody till our hearing date. The judge did not grant custody to anyone but she lives in my home. He removed all his stuff the night before our court date and took everything 2 tvs our couch and dvd players. One tv and dvd player in our daughters room. The judge stated for visitation do as we did last time we were separated. Which I took my daughter where he wanted and rarely said no. This time he thinks he can come pick her up when he wants and even keep her over night...uh no!! you drink like crazy, because of the horrible lie of getting me thrown into jail I cant trust him to bring my daughter back. Do you all think the judge will frown upon me in court for wanting to be present at every visit with the two???

MOST HELPFUL POSTS

Diane - posted on 06/18/2014

1

5

0

The DUIs will most likely help with getting supervised visits. just request them and say youre worried about the safety of your child. They will notice that. Make it about the child, not you, they like seeing that.

Ev - posted on 06/18/2014

7,241

7

909

I have not had this experience with my kids and their dad. It is way different than yours. But I do know enough to know that unless you have solid proof about things, its hard to just say he or she did this and that and have the judge go along with it. One more thing on witnesses, be sure they had first hand knowledge not just second and third hand. Make sure they were there at the times he was a problem to be able to tell the judge the same things that you are telling the judge on his drinking and behaviors.

Ev - posted on 06/18/2014

7,241

7

909

You could do as Michelle suggested and ask for supervised visits but the judge is going to need solid evidence that this man is a true danger to your child. If you have any proof of his drinking as being a bad habit such as arrests for driving while under influence, public intoxication, or anything else that would be allowed to use as evidence in court. The judge is not going to go on just your words alone.

Michelle - posted on 06/18/2014

3,555

8

3244

You can ask for supervised visits but it won't be with you there. They will arrange for a third party to be there instead.

10 Comments

View replies by

D - posted on 06/18/2014

89

0

15

Ok sounds good thank you so much for the advice, I know my loved one just tell me what i want to hear and even though I appreciate it...I would like to get someone to just tell me how it is.

Ev - posted on 06/18/2014

7,241

7

909

That might work. But becareful about your witnesses and such. The judge will be very determined to only weed out what is needed. The two DUI's are a good start because you can always say if he transports the child, you fear that her life would be in danger if he is driving and is drunk. It might be enough with that to gain you the supervised visits and that your child is transported by someone reliable.

D - posted on 06/18/2014

89

0

15

thank you ladies, i have voice mails from him that are saved on my cell phone clearly showing he is drunk...slurring of words...threatening me and my family, calling me horrible names...I have many witnesses willing to testify he is clearly not capable of being alone with his daughter and he has two DUI's.

D - posted on 06/18/2014

89

0

15

on top of it all CPS called me and came out to our home. I had nothing to hide so i scheduled an appointment with the CPS worker to come out right away. basically as long as the child has a decent room and you have food in your fridge your good. But because of his false claim everything is coming down!! Especially out of pocket...attorney's fees and a new tv and couch...what a mess. When it rains it pours. The only thing I can do is keep my head high and let my daughter see a smile on my face.

D - posted on 06/18/2014

89

0

15

Evelyn...I had left the night before cause he was drinking and my daughter and I stayed the night at my parents house the next day we got home, my daughter and her father were playing together outside and I was taking a nap. next thing i know he comes into our room demanding i come outside and speak to him...I smelled the alcohol on his breath, i went down stairs to get my daughter and he called the cops telling them i pushed him...cops show up stated if I had no proof of NOT pushing him they were taking me in. All i could say was there are no marks...they took me in, i found out later that week (while my daughter and I are at my parents house) DA dropped charges lacking evidence!! Nothing on my record... Thank goodness, lets just hope it wont look bad against me in court :(

Join Circle of Moms

Sign up for Circle of Moms and be a part of this community! Membership is just one click away.

Join Circle of Moms