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BM in contempt again and now we are fighting for custody

AlaynasBFF's picture
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Geesh....where do I start? First of all I just want to say thank you for whoever created steptalk.org it gives me piece of mind to be able to vent (instead of always discussing this with DH)when I need it. Ok in a nut shell, BM has already been found in contemt 4 times since the DH divorced her 2 years ago. It's now been 7 weeks and BM has refused our visitation and court ordered phone time with the children. We have drove to the exchange spot 2 hours away on 4 different times for our court ordered visitation in which she never shows up. Except the first time she did show up without the kids and with the police and told me and DH that she is withholding the children due to mental and physical abuse. We are planning another trip to get the kids on Father's Day in which I am sure she will not show up again. After the first time she refused the DH his court ordered visitation we went back to our lawyer and the lawyer did a 14 page petition for contempt and child custody for DH and filed the motion with the courts. We went to court, BM stated she hadn't had enough time to answer the petition and she didn't have the money to hire a lawyer. The judge gave her 7 days to answer and he did advise BM to uphold the court order visitation that is currently in place. (Of course the BM once again decided she is above the law and she is of course still refusing any type of communitation for the DH with his children). Well we got her answer to the petition. IT'S 50 PAGES+ LONG!!!!!!!!!!! Full of fabricated and twisted lies. From DH chasing the SS around with a knife that he had to hide under the table in fear of his father, to forcing SD to ride amusement rides at cedar point, DH trying to run SS over with car and attempting to push him down stairs, shaving SS head because DH was mad, she even claims that the SS has went to BM and asked how to make a bomb because he wants to put it under his dad's and my bed!!! (He's 11 years old), BM also accuses me of smoking in the car with the windows up and forcing the children to inhale it. (We get the kids 4 times a month and I don't even smoke when they are with us). She has even stated that DH brushes SD10 teeth so hard that it makes her gums bleed. (He's never brushed her teeth but once so she could learn). She makes reference to DH trying to force her to kill herself to beating the animals to the point they can't walk. OMG there is so much more that it's unbelievable. I am not even able to put 50 pages into a paragraph!!! She has lied, lied, lied and then lies some more. I am so worried about my stepkids. They are so wonderful and they love their dad and myself so much that I just fear that BM has them so brainwashed at this point that they are so confused right now. We go to court next Thursday for the contempt charges and then we go back to court mid Sept for the custody hearing. I know she will be held in contempt again this upcoming Thursday but what I need advice on is the FOC investigation that is court appointed for deciding child custody. We already know for a fact that she will go in full force lying and lying alot! What is it that we need to do or say to win this? Do we need written statements from people that know us and have seen us with the children? We have the support of BM own daughter from her first marriage, her sister, brother in law, her father and stepmother,the vet, the banker that knew her, the babysitter, SD bestfriend that lives near us, our church that we attend that the children also attend when they are with us etc.... we probably have 50 or more character witnesses that support us. Please help we have spent so much money and our wallets and patience are becoming very thin. We just don't want to make any mistakes or leave the FOC investigation wishing we would've said this or taken that. Can we take in pictures or videos or letters that SD draws for me? Please help I pray every night and every day but sometimes I wonder when my prayer will be answered???

Thank you for reading this, Heather

briarmommy's picture

Get as much as possiable in writing. All of those people who know you and have seen you interact with the children need to write you statements. Try to focus on people like the BM's family you said was on your side, teachers, doctors, and care providers(daycare, etc..). You just want to make sure you have the facts on your side to hold up to these lies.

Ex4life's picture

Actually, in most states, written statements can not be entered into evidence because the opposing side can not cross examine a piece of paper. Get these people to come to court to testify for you. Are you getting proof that you are at the meeting place for pick ups? Something as simple as a reciept for a pack of gum or a soda will do the job. Hang in there. Don't let BM play these war games with you and the children.

On another side-be careful that when you are talking to the courts, writing out papers and such that you do NOT include your self as a person with rights in this case. We all know you love the kids and want only the best for them, but this mom sounds like one who would try to accuse you of "over stepping" your boundries and causing your husband more harm then good. Hang in there and keep us updated.

AlaynasBFF's picture

We absolutely get proof every single time. I do love those kids, as I don't, nor ever will have any of my own. Sad Our witnesses will definitly go to court but what I'm concerned about is the FOC investigation. Our lawyer said they will contact us by mail to come in for an interview. I am not sure what that interview consists of or what kind of evidence do we need to prove our case to them. I am sure that their recommendation will carry a lot of weight when it is time for court for custody change. Should we take all of our witnesses with us to the interview??? I am so nervous my heart stays in my throat. It seems like she just gets a little slap on her hand and we move on in our misery?!?!?

AlaynasBFF's picture

UPDATE!! we won custody of the kids!!!! The BM gets only one hour supervised visitation a week! She hasn't showed up yet for that since we received custody. She no longer has a car. The FOC had a mental evaluation done on everyone before granting custody she came back with delusional disorder. Thank you everyone for all your prayers!! The kids are doing wonderful and yes they're in counseling! Wink