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Topics - ladiva23

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11
After 8 months of being put on a torture rack (False allegations of sexual abuse made by bio mom via ACS and SVU - that have ALL came back unfounded) and 6 years of trying to avoid fighting for custody of a four year old and seven year old (beautiful girls!), we finally decided to file for full custody of my husband's daughters.  Everything went well until the last court date.

The forensic evaluation came back with a recommendation that my husband and I be granted full custody of the children.  This is based upon several things, like our willingness to be parents that encourage the children to foster a relationship with both parents, the finding by the forensic evaluator that there was no inappropriate touching at all, and that the children were coached to tell this lie.  But not all of the report was faxed and there were some pages missing.  The judge had the case adjourned until August 3, 2011.  While they were waiting to type up the papers, the judge asks the GAL who the children wanted to live with.  She stated the kids wanted to continue living with their mother and have visitation with the father.  She last saw the children in January

Now, here comes our lawyer hippity hoo raw-ing about what the GAL said! "Its better if you just tell the judge you want make up time with the kids, because they've been so alienated from you both, let the kids come stay with you for a month and then file for full custody when they get older."  I told her, "If we wanted to do that, then wouldn't we need a change of circumstance in order to change custody?" Essentially you're saying we'd have to wait for her to do something as equally crazy and we'd be letter her off the hook for filing false allegations."

Lawyer says, this is bio-mom's first time filing a false allegation, so the judge will probably not change custody.  WHHHHHAAATTT?????

I'd like to think I'm too emotionally involved.  I'd like to think our lawyer knows what she's talking about because she's been doing this for years.  But I'm tired of the children's mother always getting a pass.  "Its her first time." I think it should be her only time.  My husband and I are thinking about filing a motion to change lawyers... what do you think?  Its not like we don't have proof of the mom frustrating his visitation for the last six years.  I have a 5" binder full of degradation via Facebook, text messages and even a voice mail (with court approved transcription) where she tells him "that's it for visitation" and then here come the police to my house 20 minutes later to take away the children because she lied and said it wasn't his weekend when it was.  I have discharge summaries from hospitals that say the children were suffering from untreated eczema and other rashes and the hospital called ACS on her.  We have the photos of both girls feces and urine stained underwear.  We have journal entries dating back to 2010.  E-mails, phone records etc. 

A recommendation for full custody from the court appointed forensic evaluator; unfounded and expunged ACS report, video, photos, artwork several reputable character reference letters.  Yet, the lawyer thinks we will lose at trial because my husband tested positive for marijuana in the initial stages of the case.  We brought up the fact that he does not do it around the children, being he's the non-custodial parent and this was just sprung on him. 2) He goes VOLUNTARILY to a program where he's been getting tested every week  and it comes up negative since the first failed test. 

What do we do? File a motion for a new attorney?

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