anxiousfather
recently joined
Reged: 08/27/11
Posts: 6
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HI,
I live in MI.
this may be a long post.
My wife (separated) abruptly moved out of the house after assaulting me with a mason jar in may. She purchased a dumpy trailer home. She then was fired from her job (we are both nurses) in early June. She is an alcoholic and began attending AA. She met a man in AA, Mike. Mike is 15 years older than my ex(she is 32). Within 2 days of meeting him she had him at her house, and spending time with the kids. I begged her she shouldn't have this stranger around the kids (4,1)She persisted and within a week he was driving one of our vehicles. a month later he tried to beat up one of my friends that lives across from my mother in laws. my ex was talking to him and suddenly Mike came running across the street trying to hit him. I called my ex and asked what was going on. she was crying saying Mike was out of control, he was at her house, now 11pm, took off with her truck and credit card, and was acting crazy. I rushed over and picked up the kids, fearing for there safety, and my ex also wanted to come with. In the car she confessed she is aware this man is collecting disability for being mentally ill. The next day he called her at 4am from her house, she told him to leave, he wouldn't, we had to have the police remove him. My ex. confessed she had moved him into the house and he was over nighting with my children there (violating a court order)She also said she is collecting unemployment (claims she can't find work, which is b.s) and has recieved shut off notices for her utilities and was going to have social services pay them.
The next day i went to the court to try and get a PPO to keep him away from my kids, which was denied) at court I actually ran into her and Mike. She was back with him. I ran his name through the court explorer to see what he was there for, he was there pleading guilty to felonious assault and domestic violence. I then ran a criminal backround on him through the state police and he has 3 previous felony cocaine convictions, spent 5 years in prison for robbery, his latest coke charge was only a year ago. My ex knows about the domestic and felonious assault because she was in court with him. I called her, freaking out. She says its not a big deal and I can't tell her what to do.
In fact she sent me an email stating "he didn't even try and stab his ex with the knife, and you won't be able to keep him from being around the kids"
My wife was also drunk on the night in question when I p/u the kids from her house, so she is still drinking.
if it helps she has 5 kids by 4 guys, and she gave up custody of her 2 older boys when they were like 4 and 7.
I feel my kids are in danger. Lets say even if this guy gets prison time and therefore can't be around my kids, I still feel my wife is making very bad decisions with there care.
Our current parenting schedule, I have them 4 days a week. But now I want full physical custody with her having no overnights. Is this a possibility? Would the courts agree to this?
Thanks
Anxious
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gr8Dad
Carpal \'Tunnel
Reged: 06/07/04
Posts: 30195
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You need to begin documenting SPECIFICALLY, all these items. NO emotion, purely fact, and you will need to beg borrow and steal and get a lawyer. You could do this with the help of a legal aid society at, perhaps, a reduced price, based on income.
You NEVER give the kids to a drunk parent. Unless there is a sober adult at the house designated to care for the kids, you call the police, have them make a report that you were returning the children, all of the adults in the house are intoxicated, and you are taking the children to your home. That is the kind of proof you will need when it goes to court. Call CPS, REALISTICALLY. Mommy paddled her hiney is no reason. Mommy's boyfriend went on a rampage, valid concern.
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Why give a "senior" discount, they have had plenty of time to raise the money...
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anxiousfather
recently joined
Reged: 08/27/11
Posts: 6
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I already have a lawyer and court is set in 2 weeks. the motion included the police incident report and copies of his criminal record.
My lawyer says "there is a good chance" but he won't really commit, I understand he can't promise results.
When we went to the original custody hearing about a month ago my former lawyer did bring this guy up to the mediator, and the mediator told my ex. that is anything happens with this guy it is your responsibility.
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gr8Dad
Carpal \'Tunnel
Reged: 06/07/04
Posts: 30195
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Your lawyer is smart. Court is always a crap shoot. She paints herself as a victim, she might be given a chance. Be prepared.
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Why give a "senior" discount, they have had plenty of time to raise the money...
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finz
Carpal \'Tunnel
Reged: 06/17/08
Posts: 6453
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good luck af
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tmack316
recently joined
Reged: 08/31/11
Posts: 1
Loc: Florida
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With any luck she'll get herself into some legal trouble and you can present that to the court to seek full custody. In the mean time I agree with gr8dad that you should be documenting everything and don't be afraid to call the police on her whenever they get loud or out of control because the police reports will serve as the documentation you need to build your case. Also, check Mike's background to see if he has anything that would "shock the conscience" of the court. Good luck. What a nightmare!
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://[censored].bestratedcarseat.com/graco-nautilus-3-in-1-car-seat-review]graco nautilus
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anxiousfather
recently joined
Reged: 08/27/11
Posts: 6
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I have court in one week. I don't know how it will all play out. My lawyer seems pretty confident, but lawyers always do. She has free legal aid student attorneys. I think the fact that his domestic and felonious assault was for threatening his ex. with a knife is pretty shocking, and it is equally shocking that my ex. said it't not a big deal. I will keep you all posted.
I would think at the very least the court will issue and injunction restraining him from being around the kids. But as she has violated a court order already and moved him in, then she will violate that also.
If it helps, she lied to the court about this guy already. At the first custody mediation, my lawyer brought this guy up. My ex. told the mediator that he does not a substance abuser and that he is only a "friend." So that will look bad on her also I hope.
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