Ex now wants custody

[TinkerBelleLuvr]

Do you have emails/ texts/ something in writing where he wants to place her in the home? The important part of this is to demonstrate that dad isn't trying to get custody to take the child to HIS home, but to place her elsewhere and not pay support.

 

[usound76]

All communication has been verbal only. I have no evidence that that is what he is planning. He has a history of referring to our daughter as "that other kid", and he admitted to our daughter not being allowed into his home. This was in front of our judge at the appeal hearing and I do have copies of those transcripts. He was reprimanded by the judge for the "that other kid" reference. I have left messages at 4 law offices today and I'm just waiting on a response.

 

[gr8rn]

This is just my opinion, but I would think that if the cohabitation issue was laid to rest on appeal, that it would be a non issue in later litigation. But to be safe, your best bet is to have an attorney since this is one of those cases I shudder to think about the poor child being "won" in such a way by a man who only wants to use her as a pawn...

 

[usound76]

Would I ask for change of venue for this motion, or a change to move the entire case to my current county? My ex still resides in the old county and that's where the current motion was filed.

I have called a total of 9 attorneys, waiting on calls back. The hearing is set for 7/6/12 in my old county.

 

[LdiJ]

Would I ask for change of venue for this motion, or a change to move the entire case to my current county? My ex still resides in the old county and that's where the current motion was filed.

I have called a total of 9 attorneys, waiting on calls back. The hearing is set for 7/6/12 in my old county.

Keep trying to get an appointment with an attorney, but be careful not to miss any deadlines for responding.

 

[usound76]

Still waiting on a call back. I'm up to messages with 12 different attorneys, and I'm starting to get nervous. Responses need to be filed by this Monday so I'm preparing to file pro se, just in case. I'm requesting change of venue based on residence of the child and proximity to potential witnesses.

According to The Commonwealth of Kentucky Court of Appeals, Picklesimer v. Mullins; "This court has held that the appropriate venue in custody actions lies in the county of the child's usual residence"

Hopefully, if I can get a change of venue, it will give me more time to hear back from an attorney!

 

[Isis1]

Yes, my bf had just moved in. The original judge had ordered that cs decrease because my bf could pay my bills, and he ordered that my bf move out pt we get married. That entireI decision was overturned on appeal a few months later.

He thinks I would owe him support because he would have custody.

He has never been to a doctors appointment, never met a teacher, never talked to a therapist since she was born.

i get that this order was appealed....but i'm still stuck on..."man makes enough money to support someone he is not legally obligated to support, but he also cannot live in the same home. so he should support TWO households."

WHAT THE....

 

[usound76]

The original (biased) judge ruled that I would have more money available for the child since my bf was living with me and helping with the household bills. That decision was overturned on appeal.

The appellate court decided that my bf income could not be taken into consideration at all. I also feel that since the cohabitation issue was considered previously, my ex's motion for custody has no weight.

I can't get into to see an attorney until Tuesday, so I'm filing the change of venue motion tomorrow pro se.

 

[usound76]

Motion filed...

OK, I have filed the motion for change of venue. How long does it take to hear back? Will we go to our original hearing and venue will be decided then or will it be decided prior to that day? I have an appointment with an attorney Wednesday afternoon, but I'm going nuts. I just can't believe this is happening.

 

[usound76]

Update

OK, I have hired an attorney and venue has been changed to my current county. I have lined up quite a few people willing to testify on my behalf, including the Vice Principal of her school, her special ed teacher, school physical therapist, and her pediatrician. All are willing to appear at no cost to help me make sure our daughter stays with me instead of being shipped off to some "home".

My ex is still not showing up for any visitations and has severed all contact with us. He has changed his cell phone number, disconnected their home phone, and does not respond to any e-mails. I continue showing up at the meeting place 100 miles away just in case, since I don't want to be accused of violating the CO. Our new hearing date is set for August 3rd in our current county. I will keep you posted as to the outcome. Thank you!

 

[Just Blue]

OK, I have hired an attorney and venue has been changed to my current county. I have lined up quite a few people willing to testify on my behalf, including the Vice Principal of her school, her special ed teacher, school physical therapist, and her pediatrician. All are willing to appear at no cost to help me make sure our daughter stays with me instead of being shipped off to some "home".

My ex is still not showing up for any visitations and has severed all contact with us. He has changed his cell phone number, disconnected their home phone, and does not respond to any e-mails. I continue showing up at the meeting place 100 miles away just in case, since I don't want to be accused of violating the CO. Our new hearing date is set for August 3rd in our current county. I will keep you posted as to the outcome. Thank you!

Make sure you have proof of showing up at the meeting place. When you get there buy a bottle of water with a timed/dated receipt. When you leave do the same. Best of luck to you Hon!! I truly wish the very best for you and your daughter.

 

[usound76]

Update

Hello again!

So much has happened since my last post. My ex's wife now has a restraining order against her and is not allowed within 100 feet of my daughter, her daycare, or her school. Shortly after the venue was changed, she showed up on my doorstep. When I answered, she began screaming about how my "kid" was screwing up her life and that my daughter should "just go away". I ordered her off my property and she refused, so I called the police. They removed her from the premisis and advised her not to return. 1 week later, she showed up at my daughter's daycare and tried to pick her up. She's not on the pick-up list so they called me right away. I told them NOT to release her and I was on the way. By the time I got there, the wife was gone. I shudder to think what might have happened if she would have gotten ahold of my daughter! I took my daughter home and on the way tried to call my ex husband. I had been home all of about half an hour when the wife showed up at my door again. I did not answer. She pounded on the door and screamed for about 20 minutes before I called the police AGAIN. The removed her from the property, AGAIN. She came back about 10 minutes later and started throwing rocks at my house from the street. This lasted for about 15 minutes before she left. The next morning, I filed for a restraining order.

Anyway, now to the court hearing. I now have sole legal custody of our daughter. My ex tried to play that he wanted our daughter to live at home with them due to my "cohabitation". The judge threw out that arguement since cohabitation is not illegal in Kentucky. She then proceeded to ask why he was seeking custody when there was an active restraining order on his wife. Then it came out that he was wanting to put her in a facility. This did NOT bode well with the judge! He was asked about his lack of involvement with our daughter and why he wasn't exercising his CO visitation. His response was that he "had children of his own to take care of". Again, did NOT sit well with the judge. I was awarded sole legal and physical custody our our daughter and any visitation is to take place in our community, at my discretion. After court, he looked at me and said "take a good look, sweetheart, you're never going to see this face again". My response was "your loss". As I was walking away, he yelled "congratulations on cutting me out of my kid's life". I responded "no you did that yourself" and walked out the door.

Sorry this is so long, but I thought you might like to know how this played out. Thanks!!!

 

[stealth2]

After court, he looked at me and said "take a good look, sweetheart, you're never going to see this face again". My response was "your loss". As I was walking away, he yelled "congratulations on cutting me out of my kid's life". I responded "no you did that yourself" and walked out the door.

A better response on your part would have been... silence. I can't imagine you made yourself look good in the judge's eyes. JMO

 

[Proserpina]

A better response on your part would have been... silence. I can't imagine you made yourself look good in the judge's eyes. JMO

You're not alone in thinking that.

It made me a feel a little icky. While I can understand the OP's feelings, there's a time and a place* and that was neither the time nor the place.


* - like screaming it into your pillow when the kids are not within earshot.

 

[usound76]

Clarification

The short conversation took place after court, outside in the parking lot. There wasn't anyone around but the two of us, not even the attorneys. It was NOT said in front of the judge. "Your loss" was meant as him not wanting to see his daughter.