Monday, February 8, 2010

Mother making false allegations and lies on court documents?

this situation is very confusing so I'm going to try to explain as best as possible.





prior to this incident my husband has had his daughter 5-6 days out of the week throughout the night because the mother doesnt want to be bothered taking care of the child





my husband has a 2 year old daughter and her mother decided that she needed a break and left the baby with us for almost a month and had ongoing contact with me throughout the time next asking about the baby or asking to see the baby until the end of the month rolled around and she wanted 500.00 that he would give her regardless if the child was in her custody or not.





once he objected to giving her the 500 dollars the problems started they both got restraining orders against each other that have both been dismissed he filed a paternity case and an order to show cause and they have a hearing set for 5-13-09.





she has kept the child away changed her phone number provided my husband with the home number but never answers the phone or the emails he has sent. subjected him to a weekend schedule when he is off during the days and well capable of watching the baby





during the last visit on april 10, 2009 the baby got returned to us with 2 scabs on her legs and we photographed this incident and never thought anything of it. she has been previously making allegations that the child wasnt being watched in our custody





the issue that we are running into is that the childs mother has filed 2 false reports with the department of children and family services on march 26 and refused to cooperate with the social worker for almost a month and then finally disclosed our address and phone number april 21 first allegation was of sexual abuse saying that we exposed her to sexual conduct which is untrue and saying the child exhibited this behavior in her aunt and grandmothers custody. all the dates she provided in her declaration are incorrect because by the time she filed the first case on the 26th of march the child was already out of our custody for 19 days then she filed another physical abuse case against us on april 16 saying that we let a dog bite the baby.





the cases were closed because obviously she was lying and the social worker had even said she believed she was lying the childs mother has subjected this two year old child to several unneccessary physical exams or possible sexual abuse.





she still is holding the child with no contact refusal to respond besides the last email sent on the 24th saying that the social worker said to keep the child away until he was interviewed that was sent after the case was closed on the 23rd, and that there was nothing left to say.





we have since recieved a response to his order to show cause stating that she had no contact with us for weeks while she was taking her break that i had mentioned in the first paragraph easily disproved we have our cell phone bills and ongoing emails between her and i when i visibly tell her that she has been missing for weeks and goes on to say she is working a set schedule and provides an availability form as proof of that she then clearly admits to taking him off of the childs school records so he cant access them and lies and says shes been an active parent when she hasnt








she continues to make all these allegations that can easily be disproven how should he go about filing a response to her responsive declaration because its full of lies. she doesnt want to admit to the court that he has been the sole provider of this child for 2 years and she is doing everything in her power to alienate the child from him?





i just feel that as a parent myself and i believed my child was being exposed to such conduct i would inform the other parent and if i thought the other parent was capable of doing such things i wouldnt give the minor child to him at all for any amount of time and not have ongoing contact. since the filing of this false child abuse case we have had the child for 7 days and the mother made no contact and never called to check on her or provided us with an emergency contact number.





someone please give me some form of advice because right now we cant afford an attorney





what mother doesn't cooperate with a social worker with an ongoing sexual and physical abuse case?Mother making false allegations and lies on court documents?
In this case it doesn't matter whether or not you can afford an attorney, you have to have one. Even if it means you have to go into debt to pay for it. Or perhaps you can find an attorney just starting out that will reduce his price or even do pro bono work. The welfare of a child is at stake and considering how contentious the mother is and that you do want custody, then you have to get that lawyer to fight for you!Mother making false allegations and lies on court documents?
Who has custody, the mother , the father or is it joint. Is there child support ordered? if so who is supposed to pay who.


From the sounds of the first paragraph the mother has custody and the father visitation rights. You never do say he is or isn't ordered to pay child support. You said she wanted 500.00. You said a paternity case on 5/13/09 to show cause? cause for what? Is this to establish paternity or custody? If its custody its not a paternity case. If the mother has had the child the whole time and the father has been visiting and let the mother have custody, even if she dropped the child off for a week for a break, she until an order is issued will have the defensible position of custody, especially if the child has her name for the birth certificate and not the husbands. You don't denote her as ex girlfriend or wife so there is too little pertinent information to to make any reasonable effort to advise you.

No comments:

Post a Comment