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another custody modification

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laurafhl

Junior Member
What is the name of your state? Oklahoma

Our son won custody of his children a year ago after a long custody battle. He was serving overseas at the time and was called back on emergency because his kids had been taken into DHS custody because of alleged abuse by the mother and her new husband. Because of the emotional trauma caused by his ex toward the children they have been in counseling for the entire time that our son has had custody. His ex has some serious mental problems.

In the custody agreement she gets supervised visitation in the maternal grandparents home during Christmas, spring break and 8 weeks in the summer.

So far she has not taken advantage of the Christmas or spring break visitation. She calls the children about once every other month. She is not ordered to pay child support but has to provide transportation for visitations. One of the grandparents must be present at all times. They are essentially responsible for the welfare of the kids if they come to Oklahoma.

About 3 months ago she wrote our son a letter expressing anger at him for taking the children away from her and Oklahoma. He was in the military in New York and the court documents state this. The judge had approved the children leaving the state of Oklahoma. She also accused him and his lawyer in the letter of forging documents because she says she never agreed to any of the modification agreement. She had an attorney and everything was done properly. At one point during the custody battle she had accused her attorney of taking bribes from our son's lawyer. She also accused him of abusing the kids. Our son turned the letter over to the children's counselor.

Yes, she has serious mental problems. Anyway, our son was recently discharged from the military with an honerable discharge. He moved to Kansas and as per his attorney's instructions sent his ex a certified return reciept letter with his new address, phone and instructions telling her that visition would remain the same as the current order.

Well somewhere before she got this letter but after our son was discharged from the military (she knew he was being discharged but did not know the exact date) she calls his former first seargent and tells him that she has knowledge that our son is going to go AWOL (absent without leave) and take off with the kids to Canada and that he is abusing the children. Of course his former first seargent reported this to him as well as making note of it.

He is seriously concerned about the kids wellbeing if they are allowed to come here to oklahoma for her supervised visits. He thinks that her visits should be supervised by children's services in the state that he lives in because she is still making threats to him and accusing him of abuse. He does not want the children to be exposed to emotional abuse again and feels this is a real possibility. Their counselor said that they are getting back to a normal life now and that they are well adjusted. She will testify to that.

Does anyone have any advice that he could use? Does he have a chance with all that his ex has pulled in the last few months of having the orders modified again? Thanks. Laura
 
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snostar

Senior Member
IMO the only chance he would have at modifying the order would be if the maternal grandparents were unfit or incapable of supervising.
 

LdiJ

Senior Member
snostar said:
IMO the only chance he would have at modifying the order would be if the maternal grandparents were unfit or incapable of supervising.

Or did not properly supervise the visits....some grandparents who are put into the position of being supervisors have a hard time not leaving their own child alone with the children.
 

laurafhl

Junior Member
very sticky situation

OK

Well we don't know how they are going to be as supervisors. They haven't had the opportunity because she hasn't taken the kids.

We do know that they believed their daughter for some time as to her own allegations of abuse against our son. After they heard the evidence they thought differently but are angry at our son for leaving the state as well and depriving them of thier grandchildren. I can understand that as we were on the other end of such actions for two years after they got divorced and she had custody. When he was overseas or out of town we were not allowed to see our grandchildren. It hurts.

But the maternal grandmother actually coached our granddaughter at one point but was caught in the act by both a teacher at school and one of the investigators from the police department. Their lawyer claimed that she was distraught and saddened by the prospect of not losing her grandchildren. That made the judge pity her and allow them to be the supervisors for visition.. I thought it was maddness!!! I still do... But our son can't really prove that they are a detriment at this point.

What he hates is the thought that as soon as the kids get to Oklahoma for a visit someone in that family is going to make some kind of allegation for which DHS is obligated to investigate.....They will have to go through the same merry go round as last time to the same end result.. But someone has to be able to stop people from making false accusations and putting both the children and the innocent parent through hell... When does it stop??? After irreparable damage is done??? SOOO stupid.
 

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