Discussion:
False Claims
(too old to reply)
Tracy
2003-09-05 02:53:09 UTC
Permalink
My ex has made false claims against me that I cannot take care of my
children, and they are in his custody right now. Due to having a horrible
lawyer, nothing has happened in the past 2 years to advance my case. My
parents have been completely unable to grasp the situation until recently
when they were visiting during the summer and actually read his lawsuit
petition that said how I didn't care for the children. The judge gave him
custody noting that his claims were allegations only, but serious enough
to
warrent immediate action.
I took excellent care of the children, teaching them to read, to play
cooperatively, etc. I have a psych degree and loved the early childhood
courses. I have a new lawyer now. My ex threatened me that I better go
along
with his game or he would make it so I don't see the kids again. Because
head hunters call him with job offers from all over the world, I take this
threat seriously, but realize that I can't let him scare me. My children
are
crying to me to take action, that they can't stand living with him.
Finally,
my parents are getting involved, since they realize this is not just a
family squabble.
It will be fairly simple to show that his claims are false now that I'm
getting some support, but can the decision of a judge 2 years ago be
changed, or is it status quo now? Is he going to be in trouble for making
that stuff up about me? I went to great lengths to aquire the best
schooling
for them, did enormous research learning how to teach them, etc. etc. He
claims that I was not feeding them, putting them to bed, not doing
homework
with them etc. etc.
Your new attorney sounds as if he/she isn't doing their job that well.
Sorry, but he/she isn't advising you to do several things right now.

1. get a judge to sign a document not allowing your ex to leave the area.
2. petition the court for joint custody.
3. request psych exams showing the claims of your ex were false.

Yes you will face a tough time, but that doesn't mean it can't be over-come.
You may have to attend parenting classes, plus other types of evaluations,
etc... Basically you'll be required to jump through hoops to "win" the court
over. What is most important right now is to remove your ex's "threat" by
getting a judge to sign a document restricting him to the area. If your ex
moves, against that order, than he is in contempt of court and your chances
of gaining custody of the kids increase considerably. Therefore - your ex
wouldn't be a wise man to play games like that.

Good luck... my ex made false claims against me because he knew he wasn't
going to get custody. A third party ended up with custody after I gave up
fighting for custody, and three months after that he was arrested for child
abuse related charges. He ended up having his parental rights temporarily
removed due to those charges. In the meantime I did what was necessary and
ended up with custody.

Tracy
~~~~~~~
http://www.hornschuch.net/tracy/
"You can't solve problems with the same
type of thinking that created them."
Albert Einstein

*** spamguard in place! to email me: tracy at hornschuch dot net ***
karen
2003-09-05 12:53:20 UTC
Permalink
Post by Tracy
Your new attorney sounds as if he/she isn't doing their job that well.
Sorry, but he/she isn't advising you to do several things right now.
1. get a judge to sign a document not allowing your ex to leave the area.
2. petition the court for joint custody.
3. request psych exams showing the claims of your ex were false.
Yes you will face a tough time, but that doesn't mean it can't be over-come.
You may have to attend parenting classes, plus other types of evaluations,
etc... Basically you'll be required to jump through hoops to "win" the court
over. What is most important right now is to remove your ex's "threat" by
getting a judge to sign a document restricting him to the area. If your ex
moves, against that order, than he is in contempt of court and your chances
of gaining custody of the kids increase considerably. Therefore - your ex
wouldn't be a wise man to play games like that.
Good luck... my ex made false claims against me because he knew he wasn't
going to get custody. A third party ended up with custody after I gave up
fighting for custody, and three months after that he was arrested for child
abuse related charges. He ended up having his parental rights temporarily
removed due to those charges. In the meantime I did what was necessary and
ended up with custody.
Tracy
~~~~~~~
Thanks for the reply, Tracy, I'll take those issues up with him immediately.
I premptorily had psych exams done for myself, signed by 3 psychologists. I
came up fine. A little too trusting, a tad depressed which was normal under
the circumstances. I also have a report from a psychiatrist that says that
I'm fine, again a bit depressed, not clinically, due to an abusive ex
husband and missing my kids.

**What I'm wondering, is if I should ask for psych exams for him? I'm
wondering if he's suffering from narissistic personality disorder.
Everything is about him all the time. These people, if they can't have you
worship them, then they will get their narcissistic supply by making you
terrified of them. They also *never* go to get help on their own. My
children are very frightened of him. No, he hasn't hurt them physically, but
it's the threats.**

My daughter overheard him talking with a friend and he said that the reason
for the restricted access was about paying child support and money. She
hates him. I don't want her to hate her father. He did it to himself. I just
wish the truth about all this could come out. Now I guess it is, but it's so
slow.

I also took parenting classes with my counsellor who advised it, not because
I needed it, but to look good in court if thing went as bad as they have.
She thinks I'm the cat's pyjamas with the kids.

Thanks for sharing with me Tracy.

karen


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R Isaacs J.D.
2003-09-05 15:47:12 UTC
Permalink
Post by Tracy
My ex has made false claims against me that I cannot take care of my
children, and they are in his custody right now. Due to having a horrible
lawyer, nothing has happened in the past 2 years to advance my case. My
parents have been completely unable to grasp the situation until recently
when they were visiting during the summer and actually read his lawsuit
petition that said how I didn't care for the children. The judge gave him
custody noting that his claims were allegations only, but serious enough
to
warrent immediate action.
I took excellent care of the children, teaching them to read, to play
cooperatively, etc. I have a psych degree and loved the early childhood
courses. I have a new lawyer now. My ex threatened me that I better go
along
with his game or he would make it so I don't see the kids again. Because
head hunters call him with job offers from all over the world, I take this
threat seriously, but realize that I can't let him scare me. My children
are
crying to me to take action, that they can't stand living with him.
Finally,
my parents are getting involved, since they realize this is not just a
family squabble.
It will be fairly simple to show that his claims are false now that I'm
getting some support, but can the decision of a judge 2 years ago be
changed, or is it status quo now? Is he going to be in trouble for making
that stuff up about me? I went to great lengths to aquire the best
schooling
for them, did enormous research learning how to teach them, etc. etc. He
claims that I was not feeding them, putting them to bed, not doing
homework
with them etc. etc.
Your new attorney sounds as if he/she isn't doing their job that well.
Sorry, but he/she isn't advising you to do several things right now.
1. get a judge to sign a document not allowing your ex to leave the area.
2. petition the court for joint custody.
3. request psych exams showing the claims of your ex were false.
Yes you will face a tough time, but that doesn't mean it can't be over-come.
You may have to attend parenting classes, plus other types of evaluations,
etc... Basically you'll be required to jump through hoops to "win" the court
over. What is most important right now is to remove your ex's "threat" by
getting a judge to sign a document restricting him to the area. If your ex
moves, against that order, than he is in contempt of court and your chances
of gaining custody of the kids increase considerably. Therefore - your ex
wouldn't be a wise man to play games like that.
Good luck... my ex made false claims against me because he knew he wasn't
going to get custody. A third party ended up with custody after I gave up
fighting for custody, and three months after that he was arrested for child
abuse related charges. He ended up having his parental rights temporarily
removed due to those charges. In the meantime I did what was necessary and
ended up with custody.
Tracy
~~~~~~~
http://www.hornschuch.net/tracy/
"You can't solve problems with the same
type of thinking that created them."
Albert Einstein
*** spamguard in place! to email me: tracy at hornschuch dot net ***
Courts have ruled that making false allegations of child sex abuse is
the same as actually doing the sex abuse yourself! see In Re Marriage
of Hartman 252 Ill.App 3d 481 621 N.E.2d 917 also See fighting
false allegations at http://www.fathersrights.org
news.comcast.net
2006-11-27 19:27:10 UTC
Permalink
Personally I would take him to court directly on the accusations where he
would have to prove the accusations in a court of law (file a suit for
slander or deflamation of character)


That is why you should never make "accusations" directly to the courts, I am
a father with FULL legal and physical custody of my 3 children (the children
can NOT stand the sight of their mother)
I got CPS involved after taking pictures of the home she was living in,
documents EVERYthing that I could possibly think of. I even got the county
sheriff involved in an issue of her leaving the children (at the time the
oldest was 12) home alone for as many as 18 hrs while she stayed out till
past 4 sometimes 5am at a party.

(I am and was an OTR driver - meaning I went from state to state and was
gone for up to 2 weeks at one time.) CPS told me they would not hold me
accountable for the condition of the home since I was NOT contributing to
the condition that it was in. (I cleaned when ever I was home) and that I
was proactive in trying to address the issue...ie removing the children from
that enviroment..

I removed the children from the home while she was at work, taking mostly
just their personal belongings - taking photos on the way out of the home to
further document the conditions she left it in, sent that copy to CPS as
well. CPS finally got out to the home about one MONTH later and the home
was STILL in the same conditons as the pictures had shown it to be in. CPS
case worker asked why was it like that, my exwife claimed it was "MY MESS"
...lol here I had not actually been in the home for more than 2 months at
that time for more than 10 minutes because I was in the process of getting
another place ready for the children and I to move to (she did not know this
at the time till after the children and I left)

I also managed to confront the CPS supervisor as to my case and was able to
get a verbal confirmation that should MY ex get custody thru the FOC that
the CPS supervisor would request an immediate order removing the children
from HER home to be placed in the home in which I was living in (the woman I
was with was also working for CPS in another county) in the care of my
"then" girlfriend (or myself) as she was licensed as a foster care home.

My "then" gf is now my wife of 2 yrs.. my oldest is now 17 and its been 5
yrs since I packed the kids and I left. My daughter is going to be adopted
by my wife next October, we had hoped it would have been sooner by my exwife
refuses to sign off so we are waiting till each one turns 18 so that we can
do it with OUT her consent! (she will only get a certified letter stating
that her "parental rights" have been terminanted - no less by her own
kids..lol) she will NOT be given an opportunity to even fight it since they
will be 18. (im hoping after my wife adopts the oldest she might give up on
the other 2 and sign off since she will know that they will do it when they
turn 18 anyhow)

I learned early about the courts before I filed for a divorce NOT to trust
the courts as they rush to judgement way to often without looking at ANY
facts. CPS was the only one that actually took the time to look at the
conditions of BOTH her home and my own, and had made a recomendation that
the children stay with me in their own report. (which was not an ongoing
"open" case - but would become open if she was ever granted custody)

1. Get impartial witnesses... ie police , cps..ect (REPORTS..ect)
2. Get pictures / dr reports..ect
3. Plan ahead.
4. Go to the schools and let them know what is going on, get them involved
if something is really wrong they can help.
5. file for temporary custody immediately after you get you and the kids to
a new residence (do NOT try to file before that - do NOT leave with the
children in hopes of figting it later in court) 80% of the time who ever
starts with custody keeps custody!!
Post by R Isaacs J.D.
Post by Tracy
My ex has made false claims against me that I cannot take care of my
children, and they are in his custody right now. Due to having a horrible
lawyer, nothing has happened in the past 2 years to advance my case. My
parents have been completely unable to grasp the situation until recently
when they were visiting during the summer and actually read his lawsuit
petition that said how I didn't care for the children. The judge gave him
custody noting that his claims were allegations only, but serious enough
to
warrent immediate action.
I took excellent care of the children, teaching them to read, to play
cooperatively, etc. I have a psych degree and loved the early childhood
courses. I have a new lawyer now. My ex threatened me that I better go
along
with his game or he would make it so I don't see the kids again. Because
head hunters call him with job offers from all over the world, I take this
threat seriously, but realize that I can't let him scare me. My children
are
crying to me to take action, that they can't stand living with him.
Finally,
my parents are getting involved, since they realize this is not just a
family squabble.
It will be fairly simple to show that his claims are false now that I'm
getting some support, but can the decision of a judge 2 years ago be
changed, or is it status quo now? Is he going to be in trouble for making
that stuff up about me? I went to great lengths to aquire the best
schooling
for them, did enormous research learning how to teach them, etc. etc. He
claims that I was not feeding them, putting them to bed, not doing
homework
with them etc. etc.
Your new attorney sounds as if he/she isn't doing their job that well.
Sorry, but he/she isn't advising you to do several things right now.
1. get a judge to sign a document not allowing your ex to leave the area.
2. petition the court for joint custody.
3. request psych exams showing the claims of your ex were false.
Yes you will face a tough time, but that doesn't mean it can't be over-come.
You may have to attend parenting classes, plus other types of
evaluations,
etc... Basically you'll be required to jump through hoops to "win" the court
over. What is most important right now is to remove your ex's "threat" by
getting a judge to sign a document restricting him to the area. If your ex
moves, against that order, than he is in contempt of court and your chances
of gaining custody of the kids increase considerably. Therefore - your ex
wouldn't be a wise man to play games like that.
Good luck... my ex made false claims against me because he knew he wasn't
going to get custody. A third party ended up with custody after I gave up
fighting for custody, and three months after that he was arrested for child
abuse related charges. He ended up having his parental rights temporarily
removed due to those charges. In the meantime I did what was necessary and
ended up with custody.
Tracy
~~~~~~~
http://www.hornschuch.net/tracy/
"You can't solve problems with the same
type of thinking that created them."
Albert Einstein
*** spamguard in place! to email me: tracy at hornschuch dot net ***
Courts have ruled that making false allegations of child sex abuse is
the same as actually doing the sex abuse yourself! see In Re Marriage
of Hartman 252 Ill.App 3d 481 621 N.E.2d 917 also See fighting
false allegations at http://www.fathersrights.org
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