I am a step grandmother trying to help step son. He is the most caring father to 2 boys, ages 7 & 4.
Both he and ex live in Louisiana now but divorce & custody orders done in Mississippi where they used to live. They divorced in 2008 after one year separation and he has been going through a nightmare with his ex who has history of prescription drug abuse & mental illness.
They were granted joint legal custody with she as the domicillary parent however; she does not allow any phone calls from Dad to boys and brings the kids for their scheduled bi weekly visits when she feels like it. As of today, Dad has not seen boys in over 1 month. He has filied an appeal of the custody decision with the MS supreme court of appeals but it is pending at this time.
She has had her daughter from her first marriage accuse him of inappropriate behavior on one occasion and battery on another. The inapp. behavior accusation was during custody hearing and was thrown out by court. And battery charge claimed when the daughter was picking up the boys from a weekend visit with their Dad. It went to court and he is on probation for one year. He raised that daughter since she was 3 and she is now 17. The daughter is affraid of her mother an always has been so she does whatever her Mom says to do.
Ex has also told the boys (they told us) that "Daddy is a bad person as is his entire family". The judge separated the boys in 2007 giving custody of the oldest son to Dad and youngest to Mom (Which we couldn't believe judge split up the boys).
The 7 yr old lived with Daddy for the first year of their separation and knows Daddy & his family are not bad people, but the 4 yr old doesn't have memory of living with Daddy so he tends to believe what Mom says.
Most recently Child protection has become involved. They supposedly did a home visit at Mom's this past Friday. This morning CP contacted Dad to set up a home visit with him. He has recently (2 months ago) moved in with his fiance' and her children due to selling the family home based on the courts property separation order.
There is a standing restraining order that they are not to contact/harrass each others family, friends or work place. This past Friday, (which just so happened to be the same day as CP visit) she contacted his job and told them she saw Dad pass in front of her home in the company vehicle. Dad's boss told her 'it's not him, I'm looking at him". She swore it was and had called the police. We assume she is now going to press stalking charges against him. Dad's boss is writing a statement regarding this. This was not the first time she has contacted his job. This MAY cost him his job.
Sorry this is so long but what we need to know is:
1) Can he file charges against her for violation of the restraining order and harrassment?
2) Can Dad's lawyer file for emergency transfer of custody until Court of Appeals makes their decision based on Parental Interference, denial of visitation and false allegations?
Any info provided is greatly appreciated!
Both he and ex live in Louisiana now but divorce & custody orders done in Mississippi where they used to live. They divorced in 2008 after one year separation and he has been going through a nightmare with his ex who has history of prescription drug abuse & mental illness.
They were granted joint legal custody with she as the domicillary parent however; she does not allow any phone calls from Dad to boys and brings the kids for their scheduled bi weekly visits when she feels like it. As of today, Dad has not seen boys in over 1 month. He has filied an appeal of the custody decision with the MS supreme court of appeals but it is pending at this time.
She has had her daughter from her first marriage accuse him of inappropriate behavior on one occasion and battery on another. The inapp. behavior accusation was during custody hearing and was thrown out by court. And battery charge claimed when the daughter was picking up the boys from a weekend visit with their Dad. It went to court and he is on probation for one year. He raised that daughter since she was 3 and she is now 17. The daughter is affraid of her mother an always has been so she does whatever her Mom says to do.
Ex has also told the boys (they told us) that "Daddy is a bad person as is his entire family". The judge separated the boys in 2007 giving custody of the oldest son to Dad and youngest to Mom (Which we couldn't believe judge split up the boys).
The 7 yr old lived with Daddy for the first year of their separation and knows Daddy & his family are not bad people, but the 4 yr old doesn't have memory of living with Daddy so he tends to believe what Mom says.
Most recently Child protection has become involved. They supposedly did a home visit at Mom's this past Friday. This morning CP contacted Dad to set up a home visit with him. He has recently (2 months ago) moved in with his fiance' and her children due to selling the family home based on the courts property separation order.
There is a standing restraining order that they are not to contact/harrass each others family, friends or work place. This past Friday, (which just so happened to be the same day as CP visit) she contacted his job and told them she saw Dad pass in front of her home in the company vehicle. Dad's boss told her 'it's not him, I'm looking at him". She swore it was and had called the police. We assume she is now going to press stalking charges against him. Dad's boss is writing a statement regarding this. This was not the first time she has contacted his job. This MAY cost him his job.
Sorry this is so long but what we need to know is:
1) Can he file charges against her for violation of the restraining order and harrassment?
2) Can Dad's lawyer file for emergency transfer of custody until Court of Appeals makes their decision based on Parental Interference, denial of visitation and false allegations?
Any info provided is greatly appreciated!