Little background this being my first post here and all. I separated from ex wife when my son was just two years old. She was very physically and verbally abusive to me. I still have the scars on my face to remind me. My ex also is an alcholic. I didn't not realize the extent of the problem will after we were married. I would come home from work, and smell her glass of diet coke to see if there was any booze in it. If there was I knew it was going to be a long night. One night on one of her drunken tirades I was in the bedroom with my one year old son. She broke down the door and began hitting me. With my screaming son in my arms I called 911 for assistance. The police came to my home and arrested me leaving my crying son with his intoxicated mother claiming I broke down the door and put bruises on her arms from beating on the door was actually from me. Ignorant to the law, and having no money I went to the court, under ex's advice (she got me good) and plead no contest to get it over with. Then after that she would threaten to call the police on me anytime I thought of not obeying her. I had to leave for fear, and living under her abuse with complete control. I have been fighting for visitation, and for the protection of my son ever since.
That was seven years ago. He's 9 years old now and she has remarried to a man who is also an alcoholic. They've been married 5 years and between them they have 5 dui's 4 domestic violence arrest, a criminal sexual conduct charge, assault on a minor (my former stepson by this man) attempted arson, and numerous disturbing the peace and literally dozens of calls for the police to come to their home. CPS is currently conducting it's third investigation of her for abuse and neglect. I have filed change of custody motions in the past only to walk out completely empty handed. I have filed another ex parte emergency change of custody motion which was denied.
I am filing a standard change of custody motion again, but CPS did a 180 on me, again, and is now saying that they want to keep my son in that house. The stepfather is still at large with three warrants for his arrest. CPS wanted to place my son with me at first but because of my one BS domestic violence charge in 2001 they couldn't place my son with me. They said the only reason they left him in her home is they would have had to place him in foster care. Now I've never had any problems with the law prior or since that one incident. I've never had a DUI, or any problems. However, the I can only use incidents that has happened since the last custody hearing. Yet they can use my one domestic violence charge against me forever. I have a phsyc review of my son showing that he has anxiety, depression, low self esteem, and socail problems due directly from the effects of domestic violence. My attorney thinks we have a decent chance, but I don't. I don't think that the courts are going to part with CPS's recommendation to keep my son in her home.
Does anyone think I have any chance? Sorry to sound so negative, but I've been doing this for sometime, and at least here, men don't get custody hardly ever. Actaully, less than 2% of the time from what I"m told.
That was seven years ago. He's 9 years old now and she has remarried to a man who is also an alcoholic. They've been married 5 years and between them they have 5 dui's 4 domestic violence arrest, a criminal sexual conduct charge, assault on a minor (my former stepson by this man) attempted arson, and numerous disturbing the peace and literally dozens of calls for the police to come to their home. CPS is currently conducting it's third investigation of her for abuse and neglect. I have filed change of custody motions in the past only to walk out completely empty handed. I have filed another ex parte emergency change of custody motion which was denied.
I am filing a standard change of custody motion again, but CPS did a 180 on me, again, and is now saying that they want to keep my son in that house. The stepfather is still at large with three warrants for his arrest. CPS wanted to place my son with me at first but because of my one BS domestic violence charge in 2001 they couldn't place my son with me. They said the only reason they left him in her home is they would have had to place him in foster care. Now I've never had any problems with the law prior or since that one incident. I've never had a DUI, or any problems. However, the I can only use incidents that has happened since the last custody hearing. Yet they can use my one domestic violence charge against me forever. I have a phsyc review of my son showing that he has anxiety, depression, low self esteem, and socail problems due directly from the effects of domestic violence. My attorney thinks we have a decent chance, but I don't. I don't think that the courts are going to part with CPS's recommendation to keep my son in her home.
Does anyone think I have any chance? Sorry to sound so negative, but I've been doing this for sometime, and at least here, men don't get custody hardly ever. Actaully, less than 2% of the time from what I"m told.