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desperate for encouragement

Started by brock.jens, Feb 19, 2006, 02:36:31 PM

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brock.jens

Hello,
I am the father of a 22 month old girl. my ex filed a rstraining order against me alledging physical abuse and drug abuse (both are untrue) I have no history of violence or drug use. Anyway, after serving me with the R.O. she called me and told me to come home. She said that she dropped the R.O. so I went back. About three months later she got mad at me and next thing i knew, i was arrested for violating the R.O. Point being, I never contested the restraining order.

I served 19 days in jail. I was told not to contact my ex and that the r.o. had no stipulation for parenting time. It was more than a year since i saw my daughter again. the only reason i am now seeing her is because she was placed in protective custody after my ex was arrested once for being extremly intoxicated and home alone with my daughter causing a scene. a month later she was arrested for arson in the first degree. she tried to kill herself by setting her house on fire. my daughter was with her grandma at the time

i want custody!! of my daughter. my daughter has been placed back with her mom, DHS still retains jurisdiction though, they both reside in an impatient treatment facility. my ex's second time through rehab in the last year for alcohol abuse and third time in the last 4 years. she has significant issues with alcohol and mental illness.

sorry for the novel!! DO I HAVE A CHANCE???
any insight will be greatly appreciated
thank you

Mamacass

You may want to try posting on Socrateaser's message board.  He can give you some advice as to what steps you need to take.  
From what I understand, you have to show that she is not fit as a parent (which it sounds like should be pretty easy).  Then you have to show that you can provide a healthy environment for your daughter.  Good luck, you'll be in my prayers.  

Mamacass

You may want to try posting on Socrateaser's message board.  He can give you some advice as to what steps you need to take.  
From what I understand, you have to show that she is not fit as a parent (which it sounds like should be pretty easy).  Then you have to show that you can provide a healthy environment for your daughter.  Good luck, you'll be in my prayers.  

chrisatlanta

You absolutely have a great chance at gaining custody of your daughter.

First, make certain you do absolutely nothing to make yourself look bad.  I mean you must be as perfect as you can be at all times.  Do not give your ex, or her attny, any reason to make you look to be an UNFIT parent in court.

Second, just as importantly as the first point, document everything, I mean every conversation, every single thing you can think of.  Every scrap of paper, every person that has seen your ex act like a psycho, get it all together.  Go by Radio Shack and buy a tape recorder that you can hook up to your phone so you can record every conversation you have with her.  In many states you can record a conversation between yourself and another party.  You need to find out if you can do that in your state.  If you can, then go get a recorder - they're invaluable.

Third, get a very good, aggressive attny that practices child custody/family law IN THE COUNTY that you will be filing for.  It's important that you get a good attny that practices family law in the county you plan to file for because you'll want an attny that knows the courts, the judges and what it will take for you to win in that county.

Lastly, never give up.  I think you've got a most excellent chance of gaining custody of your child if what you say is true!

I'd do anything to have the stuff on my ex that you have on yours!  If I did I'd have my daughter...