I have lost joint physical and legal custody of my children through lies, schemes and conniving actions by their mother. I have been involved with our children since their births, however when we decided to go our separate ways, she needed income and decided to force custody on us. I have followed the agreement although she constantly did not, even to the point where the judge told her to follow the court order in our order. However, she has lied and I lost custody. How can I regain custody and sue her for defamation of character?

So, you are absolutely faultless in all of this? What a shame they are all picking on you and taking away your parental rights. All for no good reason apparently, and completely because of a bitter mother who wants to destroy you.

That nasty judge took joint physical and legal custody away from you, and it has nothing to do with you as a person, ex husband, father. How unjust!

You really insult my intelligence.

What's the real story here.

Did you have a lawyer?
If not, you need one now.
Defamation claims will probably be thrown out, because they are so common and so difficult to prove.

First, taking custody and taking rights are two different things. Looks like you lost custody, not your rights. Do you have any visitation? Did a court order actually give full legal and physical custody to the mother?

The bottom line here is you have to prove she lied. If a judge issued an order based on her false testimony, then you prove it false and the judge will rescind the order.

I still have visitation 1st weekend out of the month and phone on Sunday, Tuesday and Thursday. I have been head for the last 14 years. This new Judge waits until my children are in the 10th and 12th grades to take away my rights. The mother, lies and schemes. She still their money from savings accounts I created with them, she does not make them go to school. My children were 4.0 honor students until the judge granted her custody. Now they are barely making it. It's because I'm a black father with honor students. These actual deadbeat dads are getting more time. But since I focus on religion and education, love and dedication, oh no, remove me quick they need to be around negative influences so that they can be labeled another statistic to this poor society.

Enough with the 'because I'm a black father with honor students.'
Fight the fight with documentation. Get proof of the number of days they are absent from school, just for starters.
Save tilting at windmills for the big picture about society.

Again, rights and custody are two different things. If you still have visitation your rights weren't taken away. If the mother always had primary physical custody, I'm not sure what was taken away from you.

But go back to the judge and show him how their grades have declined. So records of her taking money from their accounts. Even better, get an attorney who will tell you what you should and shouldn't do.

Most of all stop whining about how mistreated you are.

Yes, get a better lawyer. Choose a large firm with high ratings from peer reviews and client reviews. They do charge higher rates but have a lot of work done by lower paid staff like law clerks, paralegals and less experienced attorneys who charge less than small time lawyers.

You sound ranting and crazy. I don't say that to insult you but because I am a family law paralegal and know that you can't win if you don't stick to facts. Forget defamation. If she lied and you can prove it, your attorney can file a motion for contempt against her and can have resulting orders rescinded.

You need to document school attendance, grade trends, finances including withdrawals from the kids savings and more.

Further, if your visitation was reduced (you did not loose parental rights... don't confuse the facts with exaggeration) there was likely at least one petition alleging a concern about you. What was the deal with that?

Don't make this about her. Make it about the best interests of the children and be factual, calm and dispassionate about it. Let a lawyer talk for you. Do not represent yourself. Your judge does not want to listen to a pissing contest between bickering parents. You will lose the judge's interest and attention if you have this kind if tantrums about being black and so on. I can assure you that is not the issue.

I know CPS can be that rotten. I have heard stories all over the world and can tell you how they wronged me. Be thankful you still have the first weekend of the month. While you fight to overturn this keep assuring your kids that you love them very much and would never willfully leave them. Do not bad mouth the mother.Keep it to their level of understanding without going into adult problems with them.

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Originally Posted by kuluv

I still have visitation 1st weekend out of the month and phone on Sunday, Tuesday and Thursday. I have been head for the last 14 years. This new Judge waits until my children are in the 10th and 12th grades to take away my rights. The mother, lies and schemes. She still their money from savings accounts I created with them, she does not make them go to school. My children were 4.0 honor students until the judge granted her custody. now they are barely making it. It's because I'm a black father with honor students. These actual deadbeat dads are getting more time. But since I focus on religion and education, love and dedication, oh no, remove me quick they need to be around negative influences so that they can be labeled another statistic to this poor society.

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When was the last time that custody was heard by the courts?

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Originally Posted by N0help4u

I know CPS can be that rotten. I have heard stories all over the world and ...

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Ah, yes. A conclusion based upon anechdotal hearsay.

I don't see that OP suggested CPS had anything to do with this.

Not hearsay. They have these games they play and some of the family court Judges it too. It's a system they have. They played it on me and the Judge was just as bad. Then I started hearing the same things from others.

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Not hearsay. They have these games they play and some of the family court Judges it too. It's a system they have. They played it on me and the Judge was just as bad. Then I started hearing the same things from others.

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Maybe I'm missing something, but were did the OP say any of this had to do with CPS?

Okay, misunderstanding that I have since family court is run by CPS where I live.

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Originally Posted by N0help4u

Okay, misunderstanding that I have since family court is run by CPS where I live.

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Don't want to further hijack this thread, but Family Court is a judicial function CPS is a social services function. They may be highly integrated, but I doubt if Family Court is actually run by CPS.

This was ruled in June of this year. He is a new judge. We had to do the best interest factors and he ruled us to be equal in all areas, and yet he took away my joint legal and joint physical custody. Why would a judge do this? I have taken care of our children. She does not even have 5 straight years of work history. I have always filed taxes as head of household. One thing that the judge and I disagreed about was allowing my 13 year old daughter to participate in a soft porn, booty popping dance group that I felt was inappropriate for her age and it is not school affiliated. Her mother, of course, who never participated in any of the children's activities, decides that this is what she want our daughter to do, in which she is setting her up to be a victim or someone's prey. Anyway, she went off and fought for custody. Since I did not agree with the judge for telling me how to raise my children, if I don't want her in the group, my decision should be final, not the judges!

There was no CPS involvement

Sounds like the judge found you to be too strait laced and inflexible and that's why he ruled against you.

But if all the factors came up equal and he took away your equal custody, you may have grounds for appeal. You haven't show any lies on the part of the mother.