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purdylucky

Junior Member
What is the name of your state? alaska

My ex has just served with custody papers for my oldest boys soon to be 8 and 10. This is just another string of ploys because he is still mad at me for leaving him over 5 years ago. In 9/03 there was a search and seizure done at his residence. He had a moderatly large growing operation. He weaseled out of charges by rolling on someone else. The problem is that since the state trooper called me and told me of what happened, I told him that it would be best if the boys did not see him. Keep in mind that it was the oldest boy who came home and asked me to do something about his dad's habitual drug use. I did deny him visitation a couple of times, then he stopped calling and coming by because the boys would tell him we don't want to talk to you or see you. I did not tell them to do this.... so then he sued me for contempt, and even though he lied through his teeth, I was fined 2000 for denied visitations because I could not prove that he did in fact get caught growing. The judge also did not take the negative inference from him pleading the 5th like I have been told that he should have. Anyway. From there, I received three tickets for failure to permit visitation because I would not drag my kids from hiding and literally throw them on the porch kicking and screaming. The tickets were eventually thrown out and all I got was a 100 fine. So then, the boys would tell him I dont want to talk to you when he called and would tell him that they would not go with him when he showed up. to date it has been 8 months without any communications from him of any sort. Then on Monday, I was served custody papers. He wants full legal and physical custody even though he abandoned the boys and is behind on child support. Now my husband of 5 years and I fully support the boys, financally, medically and every other way possible. We have provided a stable home with every need being meet. I have been told by many people to not worry, but it is very hard. I guess I just need some support and reassureance.
 


I have no legal advice to you, but I do realize from my own case that it is pretty standard for someone to file for full custody, legal & physical, and then it is negotiated down to what it actually might be. Do not freak out too much, it is a long road ahead. Just do right by the children.
 
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purdylucky

Junior Member
thank you. I have always made sure that the boys have come first. They are happy healty boys. They are confident, loving and very giving. They are pulling straight a's in school and are very involved in many community events. As always, I say that it's about them and what they want and/or need. not me, my husband or anyone else. It has always been them. Thank you for your kind words.
 
If you keep denying court ordered visits you could lose custody of those children you love so much. Every hear of alienating the other parent? Courts don't take to kindly to that. I understand trust me how hard it is to send them when you feel it is not in there best interests. I have been there but not doing so may put you in a world of hurt when its court time.
 

purdylucky

Junior Member
I can understand what you are saying, however, in the last eight months, he has made NO contact in any way shape or form. When he did call, I gave the phone to the boys, when he would come over I would let the boys talk to him to voice their wishes. He has come to the city that we live several times and has not stopped by, he could as least try if he was going to accuse me of denying him visitation. The few times that I did deny it to him, I have openly admitted to. In the past 4 years, he has done nothing but lie through his teeth and believe me, I have all of the affidavits to prove it. His "story" changes from affidavit to affidavit, while mine has never changed. I guess I just don't understand how I can be accused of denying him visitation or communication when he is never here to even ask for it.
 

LdiJ

Senior Member
purdylucky said:
I can understand what you are saying, however, in the last eight months, he has made NO contact in any way shape or form. When he did call, I gave the phone to the boys, when he would come over I would let the boys talk to him to voice their wishes. He has come to the city that we live several times and has not stopped by, he could as least try if he was going to accuse me of denying him visitation. The few times that I did deny it to him, I have openly admitted to. In the past 4 years, he has done nothing but lie through his teeth and believe me, I have all of the affidavits to prove it. His "story" changes from affidavit to affidavit, while mine has never changed. I guess I just don't understand how I can be accused of denying him visitation or communication when he is never here to even ask for it.

Police reports are public records. You need to get copies of the police reports for when he was arrested. That way at least this time you can prove the drug issues.
 
It doesnt matter if the children have voiced that they don't want to go. They HAVE to go even if the dont want to. They dont have the right to decide. The courts are not going to let that excuse fly. When it comes time for court your ex can say that he stopped coming by because you kept denying visits and he has all the proof in the world that you are keeping those children from him. I am sorry if I were you I would be worried. You might have one that battle by not making the kids visit but you may very likely lose the war
 
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abstract99

Senior Member
some food for thought....

Dad might claim that he did not contact the kids because he felt that you were being confrontational. No offence but it seems like something is being left out here. It makes no sense to me why dad would spend money out of his own pocket to file for contempt all of those times and then spend more money out of his own pocket to file for full custody if he did not want to see the kids. I'm sorry to say this but your children have no choice in the matter. Their relationship with their father is getting worse and worse every time that he does not see the kids. Just because dad is permitted visitation does not mean that he has to take it. That is the burden that you take on as the CP. I know that I personally have missed a few days here and there because I had was able to pick up extra shifts at work and that would give me overtime which is time and a half which would help pay some bills. I'm not trying to stick up for dad here but I can guarentee you that what I wrote is probably what he will say in court. I don't think that you can get the police records since they are more than likely protected. You might be able to get a background report online that might show the arest. I stress the word might here though. Don't get mad at me if you do it and it is not there because I warned you.
 

abstract99

Senior Member
I hate to say it but you are in a situation here where you might actually lose custody. I would get a good lawyer to go over your options.
 

purdylucky

Junior Member
the counselor that they were seeing until she passed away, said that they have the right to interject their opinion or it could be considered a form of child abuse. As to getting the arrest records, since he rolled on someone else to avoid prosecution, the records are kept confidential. However, the arresting officer is willing to make some sort of statement. I know that I will have a battle, it has always been one. The children have both said that their biological father drinks, smokes and can be abusive towards them. Yes I have tried to get a restraining order,(this was before my oldest told of the physical abuse and the drinking and driving) for the drug raid, and the judge felt that child endangerment was not worthy of a restraining order. I could try to go back and get one now, but my attorney doesn't feel that we would be able to get one based on the denial of the first even with new evidence.
 
purdylucky said:
What is the name of your state? alaska

My ex has just served with custody papers for my oldest boys soon to be 8 and 10. This is just another string of ploys because he is still mad at me for leaving him over 5 years ago. In 9/03 there was a search and seizure done at his residence. He had a moderatly large growing operation. He weaseled out of charges by rolling on someone else. The problem is that since the state trooper called me and told me of what happened, I told him that it would be best if the boys did not see him. Keep in mind that it was the oldest boy who came home and asked me to do something about his dad's habitual drug use. I did deny him visitation a couple of times, then he stopped calling and coming by because the boys would tell him we don't want to talk to you or see you. I did not tell them to do this.... so then he sued me for contempt, and even though he lied through his teeth, I was fined 2000 for denied visitations because I could not prove that he did in fact get caught growing. The judge also did not take the negative inference from him pleading the 5th like I have been told that he should have. Anyway. From there, I received three tickets for failure to permit visitation because I would not drag my kids from hiding and literally throw them on the porch kicking and screaming. The tickets were eventually thrown out and all I got was a 100 fine. So then, the boys would tell him I dont want to talk to you when he called and would tell him that they would not go with him when he showed up. to date it has been 8 months without any communications from him of any sort. Then on Monday, I was served custody papers. He wants full legal and physical custody even though he abandoned the boys and is behind on child support. Now my husband of 5 years and I fully support the boys, financally, medically and every other way possible. We have provided a stable home with every need being meet. I have been told by many people to not worry, but it is very hard. I guess I just need some support and reassureance.

What part of alaska are you in? OUr attorney in Anchorage is amazing and he doesnt play in our out of court. If you would like his info, if you are in anchorage, let me know.

TSGTSWIFE
 

purdylucky

Junior Member
when he filed for contempt, he asked the court to have me pay for his attorney fees. When I was ticketed for failure to permit visitation, rather than ask for amended visitation schedules, he wanted me fined. He very easily could have gotten a writ of assistance, but never has. He files new paperwork every time we seem to be having a new baby. Based on the history of him and the family that I know, which has now been for about 15 years, it's not that he wants the kids, its more of the fact that he doesn't want me to have them. To him, they are nothing more than a status symbol.
 

abstract99

Senior Member
purdylucky said:
the counselor that they were seeing until she passed away, said that they have the right to interject their opinion or it could be considered a form of child abuse. As to getting the arrest records, since he rolled on someone else to avoid prosecution, the records are kept confidential. However, the arresting officer is willing to make some sort of statement. I know that I will have a battle, it has always been one. The children have both said that their biological father drinks, smokes and can be abusive towards them. Yes I have tried to get a restraining order,(this was before my oldest told of the physical abuse and the drinking and driving) for the drug raid, and the judge felt that child endangerment was not worthy of a restraining order. I could try to go back and get one now, but my attorney doesn't feel that we would be able to get one based on the denial of the first even with new evidence.


I wouldn't count on the officer making a statement. If the records are confidential then he would be breaking the law by saying something. He could risk losing his job. Kids can see an impartial mediator but the mediuator is not just going to take the kids for their word. they will want to know why they don't want to see dad. If they are interested in seeing dad if he has cleaned up his act. If they only want to live with you because you have more money. There are tons and tons of things that they look at and it is a pretty risky thing to do because you never know how these mediators will go. they might decide that the childrens relatinship with dad is so bad that they will recomend that they go live with him to help med the broken relationship. It would probably be a no go right now on the RO. Not to mention that I am sure that a judge is not happy that you are standing in front of him requesting something that has happened months agao and he has already turned down once. They look at it as an insult.
 

purdylucky

Junior Member
thetsgtswife said:
What part of alaska are you in? OUr attorney in Anchorage is amazing and he doesnt play in our out of court. If you would like his info, if you are in anchorage, let me know.

TSGTSWIFE

My case is filed in Anchorage. I would love his info.

thanks :)
 

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