How can I prove that.....

[goingnuts]

The mother of my son in mentally imbalanced?  She(ex girlfriend) attacked my wife, for no other reason than she has difficulty accepting that our relationship is over.  I am married, but I have not always had a relationship with my son,  and I'll be honest-it's because I couldn't deal with her violence.  She has never harmed my child, or her other  children, and provides for their needs-but she has a history of mental illness, and has been violent towards me, in fact I have a r/o against her that will expire soon.  She never appeared in court, and it was awarded by default.  She is being prosecuted for the assault on my wife.  I am concerned about my son, and her violent history-but she has no criminal convictions, and is in treatment for her mental health issues(for all the good it does).  A temporary order is in place, until trial.  She has primary physical/me partial on the weekends.  My son is 22 months old-is there any chance of us getting primary physical custody?  What are my options, and how should I proceed as I am a pro se litigant.  I attempted at expedited(full custody), but was still awarded partial-which is nothing more than weekend visitation. Mom has been complying, but it is my fear that one day she may just stop.  I need to know what  my options are. Any advise is appreciated, greatly.
 
"The naked truth is always better than the best dressed lie"

[marnbuk]

Not sure you can get custody based on that but probably modify orders. request anger management for her based on case with your wife. You might could request a home study to dtermine which home is best suited for child. report every episode of violence. it is somewhat child abuse/neglect to attack someone in the presence of the child.

[Sunshine1]

Man, this is a flash back.  BM assaulted me (SM) over the summer and we are currently in proceedings for that.

There is absolutely nothing you can do unless she physically harms the child.  She can do whatever she wants to you, your wife, or her own boyfriend, as long as she is not hurting the children a judge won't do anything about reversing or supervising custody.  We have already went this route.

Now is she starts freaking out on you "in front" of the children and you must rescue them or keep them out of harms way while she is assaulting you...that is another story, that means it doesn't matter who is around she will hurt them and will endanger the children in the process, if any of that occurs, then you can seek temp orders and ask for a home study etc.. etc..

We had nothing on BM but her antics towards other people, nothing concerning the children.  If you can get anything on tape, do it.  Film your exchanges, I guarantee you she will start to behave.  Record every single conversation you have with her with a micro cassette in your pocket and most of all always bring a witness with you to exchanges or have a civil standby if you can't have someone with you.

Good luck I know exactly what you are going through, except I have it times two.  DH's BM and my ex's wife are both mentally ill.  BM has a long list of diagnosis's and SM has bi-polar disorder.  You should come around here when it is a full moon.  LOL just kidding, sorry.