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Nightmare custody problems (long)

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Kevmar44

Member
What is the name of your state?What is the name of your state? Ohio
My son w/b be 13 in 2 mnths. Last fall after going to court it was ordered that I have my son for the school yr & my ex for the summer (every other week-end all year for the both of us & I get him 2 wks during the summer.) My son HATES being at his dad & wants to live with me. On Sun Aug 1st they pick him up for their next 2 week stretch & I request to have my son the next week. Pick him up Sun Aug 8 thru the 15th since it was my week-end. (short notice bc I just found out cousins were coming in from IL that we see 2x a yr) As it happens after having an arguement w/his dad about wanting to live at my house & his dad telling him he would have to discuss it with the step-witch (who is the reason my son hates it at their house for reasons that will take too long to explain but abuse is part of it) my son runs away from their house! I get a call at 10:30 at night from a store down the street asking me to pick him up. So of course I go pick him up & have no choice but to take him to the police station to see what my options are. Of course there are none, they tell me that my son is unruly & can't just leave his dads house so they call him (he tells them he wants me arrested for kidnapping! jerk!) and my son has to go back to their house. This is especially hard bc they do not allow me to have phone contact with my son when he is at their house. But I call through the week and leave msgs anyway. On Fri Aug 6th my son calls (during the day when I am at work of course) & gets to leave a message but gets cut off for some reason. The next message is from my ex telling me that I can't have my son the days I've requested bc they have plans. Right after I hear the message I call back and tell him that since I can't have him the next week that for my second week of the summer I want him the last week before school starts & that I will be picking him up Sun Aug 22nd. Not once in this message did I say I would NOT be picking him up for my regularly scheduled week-end. So yesterday he called & left a msg (during the middle of the day when I'm at work of course) telling me I can't pick up my son Sun because they are going to be out of town and that I can pick him up Tue. but is not specific of what Sun or Tue. So I immediately get on the phone & leave a message for him (bc I know the game he is playing) telling him he had better be talking about Sun the 22nd & not this week-end bc I will be at their house at 6pm Fri the 13th & if they are not there I will be calling the police & filing a report. I live a 1/2 an hour out of town so on the Fri's I pick him up I don't go home, I wait at work & go straight to their house. On my way to their house (5:45pm) my husband calls & tells me not to bother bc my ex left a message (during the middle of the day when I was at work!) telling me that he had recorded my msg I left and I said I would pick up son on 22nd so he assumed I wasn't picking him up on my regular Fri & that they were out of town and wouldn't be home, but that I could get him on Tue the 17th!!!!??? :confused: For the record, I have NEVER missed a pick up time for my son in 6 years. This has happened before. Two years ago they planned a vacation during my weekend & wanted to take my son. As it happened my 2 step kids had been on vac & we had not had all the kids together for 3 weekends & had family plans & told them no they could not take him both verbally & in writting. They had my son call me & tell me I could pick him up the next day before they left but when I got there they never showed & took him with them anyway! I had no idea where they went, how long they were going to be gone, how to contact him in case of an emergency...NOTHING. & then when they got back he told me that the week-ends were changed (which meant we would have my son one week-end & my step kids the next) & REFUSED to change it! They have no other kids so there was NO reason to do this other than to be a jerk. So we kept my son on my week-end & my ex went to an attorney & said since we couldn't agree on the visitation schedule it went to the stand by ruling in our paperwork which was a week at a time! (bc when we divorced we were getting along so well I didn't see the need to have all the details in writting...SHOOT ME NOW!!!) Does anyone out there think I have good cause to file contempt charges against him? Also there is an issue with medication. My son is ADD & HAS to take a pill everyday. The last time I sent him I only sent 7 pills (bc I thought I would be getting him back). Honestly when I found out I wasn't getting him I never thought there was not enough medication. At what point is my ex responsible for at least calling me to remind me that he would need more medication? But even if he did call I would have only sent 7 more pills and he wouldn't have any to give him for my week-end! A month ago I sent the prescription to be filled and he sent it back to me 2 wks ltr telling me it was MY responsibility to get it filled & that they didn't have it in their budget to buy it! (I sent it bc he has him the majority of the summer & I have no clue when they are going to run out & he sure as hell isn't going to tell me!) At what point as my son's father is this jerk responsible for ANYTHING? I don't send extra pills bc my ex refuses to pay me his half of the expenses (yet another issue for contempt!)

I would appreciate any suggestions. My goal is to get full custody of my son.
 


T

tigger2two

Guest
your more than likely not going to be granted full or sole custody. He is his father and the judge probably isn't just going to take away his visitation. You could file contempt charges against him if he is doing something other than what your court order says. I also have a child on medication but his is for alergies and asthma. The judge actually ordered in our custody papers that all parties give the kids any medicines prescribed. I only send the exact amount of pills with my son bc that is what my lawyer suggested. If any come back im to take pictures and document for proof on contempt. Bc you see my ex says that since he is by the beach my son doesn't need his meds there. But then when he comes home the pollen kills him here bc he hasn't had his meds in so long. Best advice i can give you is document document document. And if you are in a one party state record everything. Keep every email and letter. Doing all of that helped me prove my ex to be the lying vindictful person that him and his WITCH wife are. Like you my ex was okay til this youngen (as i call her just turned 21 he is almost 30 LOL) came along and started calling the shots for him. The thing is i REFUSE to talk to her about our kids. Its none of her business. Talk to an attorney.
 

Kevmar44

Member
Medication was addressed the last time we were in court after I found out my ex wasn't giving my son his medication because "they liked him better without it!" Now my son was tested by doctors and the school and it was proven he has a comprehension problem and HE needs the medication for his education but "THEY like him better without it"! Nothing they do is for my son or in my son's best interest but yet he HAS to have contact with him because his name appears on a piece of paper as being the biological father. Just being able to make a baby doesn't mean you deserve to be a parent and my ex does NOT deserve my son. And the witch my ex married is 9 years OLDER and I pretty much just call her the bitch! LOL It took me almost a year to get to court when my ex screwed up our visitation schedule and I didn't have an attorney so I accepted what I could. This next time I WILL have an attorney and WILL walk away with custody of my son. It would take me DAYS to tell you all the crap those two have pulled but at some point enough has GOT to be enough!
 
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tigger2two

Guest
even though its hard you need to be as nice to both of them as possible. Don't let the judge see your hatred for either of them. Judges don't tend to like that to much. The nicer you are and the more you try and compromise the better it will look for you, the better it will make you feel about the situation, and the nicer you are using means the more pissed off the ex and step mom get. I don't have the energy to be bitter anymore. i just try and compromise the best i can with out bending over backwards for my ex. I don't have contact with the new wife at all. But if i see her at pick up or drop off time i;m always curtous and friendly to her. Not for her benifit but rather for my childrens. I don't want them sensing the hostility or dislike on my part. They already sense it from their dad and the wife and i'll be damned if i'm going to add to my childrens confusion. Just document everything and get you an attorney and for your childs sake....swollow your pride and be as sweet as pie to your ex and the new wife. They won't know whats going on or how to react!! LOL :D
 

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