Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Family Law (https://www.askmehelpdesk.com/forumdisplay.php?f=120)
-   -   Mother claims abuse but has no evidence, should we be worried about losing our visits (https://www.askmehelpdesk.com/showthread.php?t=509319)

  • Sep 20, 2010, 04:21 PM
    swallace13
    Mother claims abuse but has no evidence, should we be worried about losing our visits
    So back in 2002 - 2006 my fiancé (who was not in my life at the time) went through some issues with meth. In 2007 he got himself clean and turned his life around. He and I got together in early 2007 and moved in together. The living situation became, He and I and my 2 daughters (6 months and 6 years) and his youngest son (3.5 years) every other weekend. He also has an older son that due to his drug use he was not allowed to see (not court ordered mother just refused to bring him around). After getting his life together he requested to be able to see his oldest son. The mother refused and then notified us that she was moving to KY because her job was making her. They went to court and a custody agreement was reached.

    She continued to be difficult to deal with but we did finally get to visit with our oldest son. Fast forward 3 years to last Christmas break... Our son has always had issues with hoarding food, I believe it is because his mother placed him on a special diet for his ADHD/weight and he was on his own, she still ate whatever she wanted but required the 8 year old to measure his portions. This past Christmas we found in one of his dresser drawers a mountain of candy wrappers and when confronted he lied to us about it. We called his mother after we grounded him for lying. She accused my fiancé of forcing their son to admit to something that he hadn't done. She then called the police and told them that my fiancé was high on meth and had sex toys lying around the house with our 4 young children at home. Police came talked to our son, told my fiancé sorry for the inconvience that this type of thing happened all the time with ex's who couldn't get along.

    She failed to tell us (we found out when we were served w/papers) that she had already had him seeing a therapist for hoarding issues. He was supposed to arrive at the start of summer vacation and the day before he was to fly out we called to talk to him and were informed that her state of KY (we are in CA) had taken emergency jurisdidction due to severe abuse that he has suffered in my fiancés care. Only the oldest, everyone else is treated just fine. She waited 6 month to file any sort of charges/allegations with the court and we haven't been allowed to speak to him since May. We are now going through court to decide which state gets jusrisdiction.

    My real question is, she has no evidence, no police reports, no nothing. By her own admission she has contacted CPS in CA and they told her there is no case and they will not investigate. Can we lose our son without any real evidence other than her word? She tells us he is terrified of us and wants nothing to do with us, yet he has NEVER behaved that way in our presence.

    I am just so scared.
  • Sep 20, 2010, 04:50 PM
    Fr_Chuck

    Can you ? Well CPS does strange things and I don't trust them and would not even tell them the time of day without my attorney present.

    So should you, will you most likely NO< could you, with them anything is possible.
  • Sep 21, 2010, 07:03 AM
    this8384
    Quote:

    Originally Posted by swallace13 View Post
    So back in 2002 - 2006 my fiance (who was not in my life at the time) went through some issues with meth. In 2007 he got himself clean and turned his life around. He and I got together in early 2007 and moved in together. The living situation became, He and I and my 2 daughters (6 months and 6 years) and his youngest son (3.5 years) every other weekend. He also has an older son that due to his drug use he was not allowed to see (not court ordered mother just refused to bring him around). After getting his life together he requested to be able to see his oldest son. The mother refused and then notified us that she was moving to KY because her job was making her. They went to court and a custody agreement was reached.

    She continued to be difficult to deal with but we did finally get to visit with our oldest son. Fast forward 3 years to last Christmas break...Our son has always had issues with hoarding food, I beleive it is because his mother placed him on a special diet for his ADHD/weight and he was on his own, she still ate whatever she wanted but required the 8 year old to measure his portions. This past Christmas we found in one of his dresser drawers a mountain of candy wrappers and when confronted he lied to us about it. We called his mother after we grounded him for lying. She accused my fiance of forcing their son to admit to something that he hadn't done. She then called the police and told them that my fiance was high on meth and had sex toys lying around the house with our 4 young children at home. Police came talked to our son, told my fiance sorry for the inconvience that this type of thing happened all the time with ex's who couldn't get along.

    She failed to tell us (we found out when we were served w/papers) that she had already had him seeing a therapist for hoarding issues. He was supposed to arrive at the start of summer vacation and the day before he was to fly out we called to talk to him and were informed taht her state of KY (we are in CA) had taken emergency jurisdidction due to severe abuse that he has suffered in my fiances care. Only the oldest, everyone else is treated just fine. She waited 6 month to file any sort of charges/allegations with the court and we haven't been allowed to speak to him since May. we are now going thru court to decide which state gets jusrisdiction.

    My real question is, she has no evidence, no police reports, no nothing. By her own admission she has contacted CPS in CA and they told her there is no case and they will not investigate. Can we lose our son without any real evidence other than her word? She tells us he is terrified of us and wants nothing to do with us, yet he has NEVER behaved that way in our presence.

    I am just so scared.

    You stated that you called to speak to the son and were informed that KY was investigating abuse that allegedly occurred over Christmas break - have you actually been served paperwork regarding this or are you merely going on her word?

    Has CPS from Kentucky contacted you regarding the alleged investigation?
  • Sep 21, 2010, 09:29 AM
    AK lawyer
    Quote:

    Originally Posted by swallace13 View Post
    ... she has no evidence, no police reports, no nothing. ...

    She has the facts you told us: your husband's history of drug abuse, the boy's history of behavioral problems with you, etc. These things may not be sufficient "evidence" to modify your custodial rights, but she can claim they are meaningful. Whether the courts will agree with her is another matter.
  • Sep 21, 2010, 09:57 AM
    this8384
    Quote:

    Originally Posted by AK lawyer View Post
    She has the facts you told us: your husband's history of drug abuse, the boy's history of behavioral problems with you, etc. These things may not be sufficient "evidence" to modify your custodial rights, but she can claim they are meaningful. Whether the courts will agree with her is another matter.

    Where do you read that the child has a "history of behavioral problems with (the father and stepmother)"? I didn't read that anywhere in her post. I saw that the mother was sending the child to a therapist to deal with hoarding issues that he had developed with her, not vice versa.
  • Sep 21, 2010, 10:15 AM
    AK lawyer
    Quote:

    Originally Posted by this8384 View Post
    Where do you read that the child has a "history of behavioral problems with (the father and stepmother)"? I didn't read that anywhere in her post. ...

    "... This past Christmas we found in one of his dresser drawers a mountain of candy wrappers and when confronted he lied to us about it. We called his mother after we grounded him for lying. She accused my fiance of ..."

    As I say, I don't see it as major, but it is there.
  • Sep 21, 2010, 10:21 AM
    this8384
    Quote:

    Originally Posted by AK lawyer View Post
    "... This past Christmas we found in one of his dresser drawers a mountain of candy wrappers and when confronted he lied to us about it. We called his mother after we grounded him for lying. She accused my fiance of ..."

    As I say, I don't see it as major, but it is there.

    A one-time incident with the father, stemming from issues created with the mother, is a "history of behavioral problems" with the father? Please expound on your theory.
  • Sep 21, 2010, 10:56 AM
    twinkiedooter

    Sounds like "mom" is playing games. Any child with AHD problems does not need additional sugar in their system to make them worse and "wound up".

    I'd demand paperwork from KY to prove mom is telling the truth or not. Also paperwork from the therapist as well.

  • All times are GMT -7. The time now is 10:46 AM.