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scuber · Jun 16, 2007, 07:46 AM

The mother of my son has lied in court and to her family about me. She has taken my 3 year year old son away and refuses any contact with me or my family. I have had sole legal custidy of my 8 year old daughter for 4 years now and am worried about what her lies will do in regards of me having my daughter when I take her to court for my son. Also, can she she refuse conact from other parts of my family to see my son. She has made it a point so my son never gets to know my family. What are my best options?

excon · Jun 16, 2007, 08:12 AM

Hello scuber:

You need a good family lawyer or you better learn how to do legal stuff yourself.

excon

talaniman · Jun 16, 2007, 08:45 AM

You need to get a lawyer.

endlessecho · Jun 19, 2007, 06:19 PM

You have rights! And if your parents (the child grandparents) have been a apart of the child's life and formed a bond (at least according to TN state Law where I live) the too have rights, as far as the rest of the family I don't know.

As far as her taking your other child. The likely hoods of that happening are VERY slim. They almost never reasign custodial parents, it's simple not in the best interest of the child to throw them around like that.

But yes, talk to a lawyer, fight for your right to see you child. Not just for you, but for the child's sake also.

Fr_Chuck · Jun 19, 2007, 07:14 PM

Well I wish grandparents had rights but there are only a few US states that have this, and the grandparents will have to file and take them to court to get them, if they can.

But in general she can't refuse to allow you the vistiation that you have. If they try, you take them to court and take them to court for contempt of court. At some point they will be fined each time they don't allow visits.
Next "lies" sorry but courts are used to lies, they look at proof, so what proof did she supply the court ? And custody is not changed that easily, so she must have had a lot of evidence to use ?

Chelle0578 · Jun 21, 2007, 08:37 AM

Check you state law statutes on Visitation Interference. Usually the first time, they just get a slap on the hands... but you should also receive a make-up schedule. This will be on her record and if it happens again, she will be looking at a more severe punishment. As, lawyers are the best idea... if you can't afford one, you could file this on your own... I did. PS: It is also in your best interest to keep a journal and record all the days and times that she denies you visitation with details. The courts like an organized parent:). Good Luck!

nya · Jun 21, 2007, 08:32 PM

I don't feel you give enough details. You say that she has lied in court but what has she lied about? If you guys have been to court then there must be some sort of visitation agreement or order. If she violates the order, you have the right to take the police, along with your order, to her door and have the child given to you. They can force her to do this or she can be held in contempt. You don't necessarily need a lawyer to take your case back to family court. You can file a motion in family court stating the mom is in contempt regarding visitation/denying visitation. But you don't state whether you have an order or not because if you do, you have every legal right to see your child per the court's visitation order. I feel you should give more details. Her lies regarding you should not have any bearing on the custody of your daughter if they are in fact lies then you should not even worry about it. If you have or get a visitation order, you won't have to worry about whether your son can see other members of your family because if you get your visits you can take your son to see any members of your family that you want.

scuber · Jul 2, 2007, 09:47 AM

Thank you everyone with your advice. I got a lawyer and a P.I. They dug up a lot on her and even more on the type people she putting my son around. What she is doing is wrong and her lies are hearsay. I have proof in the way of documents and recordings to prove what she has been saying is false. According to my lawyer the longer she keeps doing what she is doing the worse it will be in court, and she could lose what custody she has. I don't want to take him from his mother but I will do what I have to for the best interest of my son! Thank you again!