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lily2467

Member
What is the name of your state (only U.S. law)? NJ


hello, my question pertains to my step-sons. i'll try to be brief on the back story. the boys are 6, twins. my husband and their mother were never married and broke up about 5 and a half years ago. shortly after he and i got together and she got together with her boyfriend. we were less then thrilled when he started living with her and the kids. he has anger problems and we just didn't trust him. nothing we could really do thouhg. flash foward a few years to when they're 3 & 4. let me go back and clarify at that time they had joint custody with her having phsyical custody. when they would come over they would tell us stephen (the boyfriend) hits them when they're bad. don (my husband) had serveral conversations with his ex and the boyfriend saying he is not to be hitting his kids. then one time he hit the one child with a spoon so hard it bruised, i think he was about four. dyfs had been called in a few times, but it was always unfounded because we never had proof. it got to the point where they would cry bloody murder when we had to take them home and stephen was going to be there. they would have nightmares, wet the bed. we tried so many times to talk to her and him about our concerns adn nothing was done. my husband went and tried to file for custody and was denied.

well, unfortunately or fortunately depending on how you look at it, there was FINALLY proof. one night he threw kyle against the wall and left a huge bruise on his back. thank god the school saw it asked him what happened and he told them. so they called the case worker. the mother and boyfriend were trying to say that he was wrestling with his brother and fell and all that.
they went into court and left the kids in the home, but filed a "safety plan". i forgot to mention their mother and boyfriend have a daughter together, she was 2 and a half when this happened. the safety plan said that he was not allowed to be alone with any of the children, including his own daughter, unsupervised.
all was going well, so we thought until one day in august. we got a call that don had to come to their house quick coz the social worker was there and he was alone with the kids. aparently this was the second time. the worker had been out a few weeks prior and he was alone with them. adn she told them if it happens again she's leaving with the kids. so that day she did. luckily the boys came to us that night. their sister was originally placed with her grandmother, but had to be removed because the house was unsuitable. so she ended up in foster care for the weekend. we couldn't be foster parents because we only have one extra bedroom and she would need her own since she is a girl.
thankfully when we went into court that monday the judge overulled it and let us have emily. we wern't able to be foster parents so they placed custody with us. so thank god she was with people she knew and her brothers. so all the kids were with us and the mother, boyfriend, or thier grandmother were not allowed to be around them unsupervised for a long time. when we went back into court in january she got emily back. it kind of seemed like they were just going to give the boys back. the kids lawyers brought up that don was looking to get custody of his boys. and the mother and don both agreed that they didn't want to interupt thier school year.
so here is where i get nervous about what is going to happen at the end of the school year.
the way the order was written says that my husbands has sole custody until the end of the school year. and it will revert to joint custody at that time.
so what does that mean? since he has full custody now, will he keep primary custody? he wants to make it the way it has been. where they live with us during the week and visit her on weekends. i guess he is going to have to go back into court in the summer.
he is just nervous because when he has done so in the past he was bascily ignored. i have to say i really feel that he is getting shafted because he is a man. but, i'm hoping now we have more evidence of why we want them living with us. their mother and her boyfriend have both been convicted of abuse for him and neglect for her. which i'm hoping will be in our favor. plus they have been living her for almost a year. and it was only since january they were able to go visit her.

i know i'm long winded. but i'm just so scared. i don't want her getting these kids back. they are doing so well, they are happy and healthy. the only thing she has going for her is she is in a better school distric. but they are in first grade. and thier main complaint about our school system is it is mostly black.
 


Antigone*

Senior Member
What is the name of your state (only U.S. law)? NJ


hello, my question pertains to my step-sons. i'll try to be brief on the back story. the boys are 6, twins. my husband and their mother were never married and broke up about 5 and a half years ago. shortly after he and i got together and she got together with her boyfriend. we were less then thrilled when he started living with her and the kids. he has anger problems and we just didn't trust him. nothing we could really do thouhg. flash foward a few years to when they're 3 & 4. let me go back and clarify at that time they had joint custody with her having phsyical custody. when they would come over they would tell us stephen (the boyfriend) hits them when they're bad. don (my husband) had serveral conversations with his ex and the boyfriend saying he is not to be hitting his kids. then one time he hit the one child with a spoon so hard it bruised, i think he was about four. dyfs had been called in a few times, but it was always unfounded because we never had proof. it got to the point where they would cry bloody murder when we had to take them home and stephen was going to be there. they would have nightmares, wet the bed. we tried so many times to talk to her and him about our concerns adn nothing was done. my husband went and tried to file for custody and was denied.

well, unfortunately or fortunately depending on how you look at it, there was FINALLY proof. one night he threw kyle against the wall and left a huge bruise on his back. thank god the school saw it asked him what happened and he told them. so they called the case worker. the mother and boyfriend were trying to say that he was wrestling with his brother and fell and all that.
they went into court and left the kids in the home, but filed a "safety plan". i forgot to mention their mother and boyfriend have a daughter together, she was 2 and a half when this happened. the safety plan said that he was not allowed to be alone with any of the children, including his own daughter, unsupervised.
all was going well, so we thought until one day in august. we got a call that don had to come to their house quick coz the social worker was there and he was alone with the kids. aparently this was the second time. the worker had been out a few weeks prior and he was alone with them. adn she told them if it happens again she's leaving with the kids. so that day she did. luckily the boys came to us that night. their sister was originally placed with her grandmother, but had to be removed because the house was unsuitable. so she ended up in foster care for the weekend. we couldn't be foster parents because we only have one extra bedroom and she would need her own since she is a girl.
thankfully when we went into court that monday the judge overulled it and let us have emily. we wern't able to be foster parents so they placed custody with us. so thank god she was with people she knew and her brothers. so all the kids were with us and the mother, boyfriend, or thier grandmother were not allowed to be around them unsupervised for a long time. when we went back into court in january she got emily back. it kind of seemed like they were just going to give the boys back. the kids lawyers brought up that don was looking to get custody of his boys. and the mother and don both agreed that they didn't want to interupt thier school year.
so here is where i get nervous about what is going to happen at the end of the school year.
the way the order was written says that my husbands has sole custody until the end of the school year. and it will revert to joint custody at that time.
so what does that mean? since he has full custody now, will he keep primary custody? he wants to make it the way it has been. where they live with us during the week and visit her on weekends. i guess he is going to have to go back into court in the summer.
he is just nervous because when he has done so in the past he was bascily ignored. i have to say i really feel that he is getting shafted because he is a man. but, i'm hoping now we have more evidence of why we want them living with us. their mother and her boyfriend have both been convicted of abuse for him and neglect for her. which i'm hoping will be in our favor. plus they have been living her for almost a year. and it was only since january they were able to go visit her.

i know i'm long winded. but i'm just so scared. i don't want her getting these kids back. they are doing so well, they are happy and healthy. the only thing she has going for her is she is in a better school distric. but they are in first grade. and thier main complaint about our school system is it is mostly black.

Yes you are certainly long winded and totaly 100% out of line. YOU are not part of any WE. The WE in this equation is the mother and father to these children.

we were less then thrilled when he started living with her and the kids

... and you think it was a bed of roses for the children mother to have the children's father shack up??? The audacity of the comment amazes me
 

lily2467

Member
Yes you are certainly long winded and totaly 100% out of line. YOU are not part of any WE. The WE in this equation is the mother and father to these children.

not quite seeing how i am out of line. this is not just me here, my husband wants to know too. he asked me to see if i could find out some information because we are not quite clear on where we stand. yeah the we is the mother and the father. the mother lost her kids because she let her boyfriend hurt them. the boyfriend was convicted of abuse, and the mother of neglect. so excue me for having a vested interest in these kids, who happen to be my step-sons. i agree the final decssion of anything is the mother and father. my husband and i talk and it and he listens to what i have to say, but i know it is his call. but usually we do agree. ...

and you think it was a bed of roses for the children mother to have the children's father shack up??? The audacity of the comment amazes me


not really the same thing, we're not "shaking up" we are married. and i wasn't hitting the children, yelling at them and making them so scared they didn't want to go home if he was there. this just proves my thought that everyone automatically jumps on the side of the mother, simply because she is the mother. the reason they broke up is because she cheated with the guy she is with now and put my husband out. he and i got together not long after that and married within a year, give or take. and honestly the audacity of your comment amazes me!



bottom line is she messed up, repeatedly most of their lives. i won't list them all but we (i'm sorry i'm not allowed to be in it so i'll say my husband) can provide safety, stability, they are happy and healthy adn doing well. something they haven't been. my husband has always not like the kids being around her boyfriend. in the begining when it was just him spanking them or yelling at them too much. he tried talking to them about it. he wanted to try and get custody, but he didn't want to take her kids from her. but then it got really bad and they were a mess. they had random people in and out of their house all the time. and he felt he had to try and get them to be living with us. he was always denied, until there was finally proof he was hurting them.

p.s. i think it is kind of odd that the mother is the one with the boyfriend abusing the kids. yet, you seem to treat me like crap. i'm trying to do what's best for the kids and want nothing more for them to be happy and safe.
 
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not really the same thing, we're not "shaking up" we are married. and i wasn't hitting the children, yelling at them and making them so scared they didn't want to go home if he was there. this just proves my thought that everyone automatically jumps on the side of the mother, simply because she is the mother. the reason they broke up is because she cheated with the guy she is with now and put my husband out. he and i got together not long after that and married within a year, give or take. and honestly the audacity of your comment amazes me!



bottom line is she messed up, repeatedly most of their lives. i won't list them all but we (i'm sorry i'm not allowed to be in it so i'll say my husband) can provide safety, stability, they are happy and healthy adn doing well. something they haven't been. my husband has always not like the kids being around her boyfriend. in the begining when it was just him spanking them or yelling at them too much. he tried talking to them about it. he wanted to try and get custody, but he didn't want to take her kids from her. but then it got really bad and they were a mess. they had random people in and out of their house all the time. and he felt he had to try and get them to be living with us. he was always denied, until there was finally proof he was hurting them.

p.s. i think it is kind of odd that the mother is the one with the boyfriend abusing the kids. yet, you seem to treat me like crap. i'm trying to do what's best for the kids and want nothing more for them to be happy and safe.

No one automatically jumped to the side of the mother. THAT is not what the previous poster was doing. Wireless was simply telling you that legally, you are of no part to this case between dad and mom. You are doing a very common thing among step-parents. Overstepping. (Which CAN hurt dad's case). Dad should have come on here and asked his own questions. But quite honestly, Dad still wouldn't have control over who Mom is around when the kids are with her, unless there is a specific order of the court stating so.
 

lily2467

Member
No one automatically jumped to the side of the mother. THAT is not what the previous poster was doing. Wireless was simply telling you that legally, you are of no part to this case between dad and mom. You are doing a very common thing among step-parents. Overstepping. (Which CAN hurt dad's case). Dad should have come on here and asked his own questions. But quite honestly, Dad still wouldn't have control over who Mom is around when the kids are with her, unless there is a specific order of the court stating so.

i know he has no say over who she is around. my question was do you think he has a good case of becoming the custodial parent. right now he has sole custody. then at the end of the school year it goes to joint. but we don't know if that means joint like how it was before all this started. because if thats the case he wants to file to the the custodial parent. basically he wants to keep it how it is now. we have them monday-friday, she picks them up friday adn takes them to school monday.
i just wanted to ask if he has a chance of the courts granting him the primary/phsyical custody?
 

lily2467

Member
i'm not trying to oversetp. my husband and i are very worried about what is going to happen. i know legally it comes down to him and her. but are steparents not allowed to worry or ask questions? i'm just trying to do some research form him to see what kind of case he will have when he goes to file in the summer.
 

Proserpina

Senior Member
i'm not trying to oversetp. my husband and i are very worried about what is going to happen. i know legally it comes down to him and her. but are steparents not allowed to worry or ask questions? i'm just trying to do some research form him to see what kind of case he will have when he goes to file in the summer.

I think between your two threads the message is clear :cool:

You can be worried, you can ask questions. And that's your role - it's not to overstep and adopt "we" and "our" as your mantra. Many seniors and other posters absolutely "get" the role of a step-parent, but one of the most important jobs a step-parent has is making sure s/he knows his or her place legally...and frankly, that's very simply "mouth shut, arms and heart open".

It might seem trivial but please take our word for it - it's anything but.
 

LdiJ

Senior Member
i know he has no say over who she is around. my question was do you think he has a good case of becoming the custodial parent. right now he has sole custody. then at the end of the school year it goes to joint. but we don't know if that means joint like how it was before all this started. because if thats the case he wants to file to the the custodial parent. basically he wants to keep it how it is now. we have them monday-friday, she picks them up friday adn takes them to school monday.
i just wanted to ask if he has a chance of the courts granting him the primary/phsyical custody?

Your husband has a decent case for primary custody. However, he needs to be sitting down with an attorney, with all of the paperwork to date in hand, and reviewing with the attorney whether or not he is in a position to prevail.
 

Ohiogal

Queen Bee
Was he granted permanent sole custody or temporary custody? And where is Emily -- his NON CHILD -- going to be? He has no standing to get full or joint custody of her if mom is able to resume custody.
 

lily2467

Member
Was he granted permanent sole custody or temporary custody? And where is Emily -- his NON CHILD -- going to be? He has no standing to get full or joint custody of her if mom is able to resume custody.

she already got emily back in january. temporary, because the court order says it will go to joint at the end of the school year.
 

CJane

Senior Member
she already got emily back in january. temporary, because the court order says it will go to joint at the end of the school year.

And the bolded is because mom completed her safety/reunification plan yes? And the ONLY reason the kids are still w/Dad full-time is because Mom AGREED to allow the children to finish the school year rather than disrupting them, yes?

Dad has a shot at maintaining primary. But IMO, it's not a great one if Mom is jumping through all the necessary hoops.

How far away from each other do Mom and Dad live?

How MUCH better is Mom's school district? Are you poo-pooing the idea that the quality of the school district is important in first grade?
 

lily2467

Member
And the bolded is because mom completed her safety/reunification plan yes? And the ONLY reason the kids are still w/Dad full-time is because Mom AGREED to allow the children to finish the school year rather than disrupting them, yes?

Dad has a shot at maintaining primary. But IMO, it's not a great one if Mom is jumping through all the necessary hoops.

How far away from each other do Mom and Dad live?

How MUCH better is Mom's school district? Are you poo-pooing the idea that the quality of the school district is important in first grade?

they are not that far from eachother, maybe 20 minns. no i didn't mean to poo-poo the importance of first grade. they are doing very well in the school and are extremely inteligent. at the last parent teacher conference both their teachers said they are more then ready for first grade. the more important thing about the school, i think, is that her main concern is that there are a lot of black kids. she brought up how there was a whole program/pagent thing dedicated to only black things. . . . .it was a black history month program, in febuary, all schools have them.
 

CJane

Senior Member
they are not that far from eachother, maybe 20 minns. no i didn't mean to poo-poo the importance of first grade. they are doing very well in the school and are extremely inteligent. at the last parent teacher conference both their teachers said they are more then ready for first grade. the more important thing about the school, i think, is that her main concern is that there are a lot of black kids. she brought up how there was a whole program/pagent thing dedicated to only black things. . . . .it was a black history month program, in febuary, all schools have them.

No, all schools don't have those.

And YOU stated that Mom's district is better. Care to clarify?

You also didn't answer the other questions asked in my post. They're kind of important.
 

lily2467

Member
No, all schools don't have those.

And YOU stated that Mom's district is better. Care to clarify?

You also didn't answer the other questions asked in my post. They're kind of important.

sorry, yes she and her boyfriend did complete all of their ordered programs. the childrens lawyer is the one who requested the school year not be interupted and everyone agreed. so i guess the answer is yes, she agreed. i guess i was kind of unclear about the schools, sorry. i mispoke, she feels her school system is better. but education has a lot to do with what you put into it and my husband and i supllement what the are learning in school. we all do in fact, by we all i mean mother, father, step-mother, step-father. i think they are learning what they would learn in any other school.
 

CJane

Senior Member
sorry, yes she and her boyfriend did complete all of their ordered programs. the childrens lawyer is the one who requested the school year not be interupted and everyone agreed. so i guess the answer is yes, she agreed. i guess i was kind of unclear about the schools, sorry. i mispoke, she feels her school system is better. but education has a lot to do with what you put into it and my husband and i supllement what the are learning in school. we all do in fact, by we all i mean mother, father, step-mother, step-father. i think they are learning what they would learn in any other school.

Family services tends to focus on reunification. That means that they'll be focused on returning the kids to Mom. And it seems that Mom is making great strides to improve the situation, if she's completing her plan, thinking of the KIDS first by agreeing to let them finish the school year, supplementing their education...

Again, dad has a shot, but I don't think it's a slam dunk by ANY means. And I think Mom has a better shot. Especially if ANYTHING you've done comes across as trying to usurp Mom's role. And frankly? That's exactly what it sounds like from here.
 

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