custody issue

[MoonwolF1175]

hello everyone.  18 months ago my girlfriend and I split up. she was 5 months pregnant at that time with my first children ( twins ).  I tried to keep the relationship going long after it had dissolved mainly because of the pregnancy.  The last straw for me was when I spent 20 hours in a holding cell because of her.  Since that time our children have been born and she has made it almost impossible for me to see our kids ( at least for the first 13 months of their life ).  She refused to put my name on the birth certificate after I asked to have a paternity test done.  Finally i had to take matters into my own hands and request that the state do one on my behalf.  They are mine, which is a tremendous blessing to me.  On May 4th, 2004 we entered court for the custody hearing, and I walked out extrememly pleased (and hopeful that this new relationship would work solely for the benefit of the children - o how wrong I was ).  Since then its been one phone battle after another with her trying to get her to honor the agreement that was put in the court order.  The childrens birthnames and certificates were to be correctly altered to have my name on them and I was stated as their legal father.  That child support would be taken out.  Visitation schedule was created.   She has primary custody in the joint-custody arangement with me having every other weekend and 4 weeks in the summer ( 2 two week periods ) plus a holiday breakdown alternating years.  The court order was to be started on May 14th, 2004.  The first two weeks passed with almost nothing going wrong but the last two wweeks have been a living nightmare.  Now her and her new boyfriend plan not to allow me our children.  A little background on her is that she is a convicted felon for selling drugs, 2 counts.  On her new man; 5 counts of stalking, 3 counts of assault and battery, 1 count of assault in 2nd degree, 1 count of assault in the 3rd degree, 3 counts of domestic assault, 1 count of domestic violence, and also 2 counts for drugs.  Needless to say that he also is a convicted felon.  Yesterday at noon she told me that I would no longer be gettting my children (again).  At 8pm she called me back but I was unable to get to the phone right then so i called back 15 minutes later.  Her new man answered and immediately started threatening me, threatening to not allow me phone access to my children ( granted I understand they aren't talking quite yet; however, I called everyother day to check on our boys with my ex), and told me that I would no longer be able to have my children court order or no order.  He also informed me that he is now living at the residence of my ex and my boys.  I never had a problem with him before ( as i could honestly care less about whom she dates in all reality ) however now I believe that it DOES matter quite a bit.  The fact that they are both felons ( and shouldn't even be associated with one another - let alone living together ) bothers me immencely with regards to the children.  I do not want them raised around such people and honestly I believe I have that constitutional right.  Am I wrong?  They also said that paperwork would be filed this coming week to take me back to court again so they can keep my children from me once more.  What am I to do?  I would give my legs to be able to have sole custody of them.  After all that I have been through in order just to get to be able to see them, and now they want to undo all of it all over again.  If anyone who reads this can please help me or advise me on what I should do, I would eternally be in your debt.  Thank you so much for taking the time to just read this, and thank anyone 100 times over for anyone who will please e-mail and reply to me.  The address is [email protected]      Once again thank you so much for any and all help sent my way.

[MYSONSDAD]

With a felony on her record, I am surprised you did not get sole custody. Did you go for custody at the hearing?

If you are serious, go and get the best attorney you can find. One that is strictly Family Law. Get your butt back in court and ask for an emergency hearing to get those kids. Neither one of those people should be given any responsibility for taking care of your kids.

First of all, follow the court order. If you have to, get the Police to be there for your pick up. Also bring someone you can trust and video record. This guy sounds dangerous and I would not take any chances. If they refuse to give you your children, march right back into court and file contempt. Don't wait on this. Those kids are not safe where they are.

Start recording those phone calls, you have to cover yourself and you could play them back to the Police if you feel you are in danger. If it were me, get a Order of Protection on this guy and make sure your kids are also covered on it.

If what you say is true, you have a damned good shot at sole custody, but the first priority is get those kids to a safe place. Do you have your own home or apartment to take them to? Do you have someone who will watch them while you are at work?

This has sent chills up my spine. If at all possible, I would not answer the phone. Let the machine pick it up. Then it should be admissable in court, depending on what state you are in.

Also, Police reports and records are public, get their records. Do a google search on some of what you know, something might come up on the internet.

Is the new bf living with her and the children?

Document, document and document some more. Start compiling everything you can and get things in order. There is a time tracker here at Sparc [free] and then there is the Optimal time tracker, [better]

I am sure more will contribute some thoughts on this. You have come to the right place.

What State are you in?

[patton]

" little background on her is that she is a convicted felon for selling drugs, 2 counts. On her new man; 5 counts of stalking, 3 counts of assault and battery, 1 count of assault in 2nd degree, 1 count of assault in the 3rd degree, 3 counts of domestic assault, 1 count of domestic violence, and also 2 counts for drugs"

Just that little bit of information up there should be enough to get you sole custody.  She has a felony record. Is she on probation?  Her probation officer might be really interested in knowing she's associating with another felon.  As far as I know that's a NO-NO in any state and would get her probation revoked.

1. Do you have a copy of it?

2. Do you hve a copy of the BF's felony convictions?

PM me or email me, I'll try to help you out if I can and get you access to those records.

Find you a Family Law Attorney ASAP!