BM Falsely Accussing my husband of being drunk when rtng son

[swilloug]

In March my husband and I went to our attorney to file modification paper for my 12 year old SS.  He has failed the last two years in school (and I mean F's in all subjects from 1-4 quarter) the year prior his grades started declining after BM had daughter.  Because BM did nothing to make sure he turned in work and made improvements in school we felt we had to help him by requesting a custody modification.

Now that we have she is accusing my husband of dropping my SS off drunk after our visitation, emotional, and verbal abuse.  She said we abuse him and he does not want to come to our house for visits.  The answer to the modification is that my husband get 3 hours of visitation with his son every Sunday.  They live over an hour away from us and she wants us to pick him up from her house and drop him off at her house.  Currently we drive half way between her house and our everyother weekend holidays, and the first two weeks of June, July, and August.

My question is how to be prepared for court to defend the alogations?

Thank you for your help.

[Kitty C.]

Unless and until another CO is issued, she MUST follow the current order or you can file contempt on her as well.  If she pulls this crap, make DAMN sure you file immediately.

What I recommend here on out is that you videotape ALL exchanges (make damn sure it's in a public place as well), and if she pitches a fit, tell her it's to protect EVERYONE.  And there is NO law against videotaping in public, even outside her home is considered public.

[swilloug]

We always meet in a public place but I will start taking the video camera.  THANKS

She did turn him in for child abuse one (September of 2001).  It was never investigated on our end.  My husband spanked my SS for stealing (for the 3rd time) and the BM turned him in.  We received notification that there was responable cause but when we called them on the not investigating it we heard nothing else about it.  And then last year we were court order for tempary custody of my two nephew and we told them about the accused abuse and they didn't see anything on his record so I guess it was not found to be abuse.

Anything else I should be doing or preparing for the August court date?  My husband has to do Mediation July 12th but our attorney say we will go to trial.

[hagatha]

Gee, she realized all this right after you petitioned to modify, how convenient. Actually unless she petitioned for her own modification she can continue to huff and puff, it still means nothing.

I am assuming she means your DH has continually been drunk for the return exchange??. If not and she is claiming it was just the last exchange it still works for you.

Ask her in court if when the child was returned and DH was drunk, what steps did she take to insure "public safety" (ie: did she call and report a drunk driver or immed notify the court or her attorney of the situation) I am guessing the answer will be no.

Also as to the so called abuse . . . What steps has she taken to aliviate the childs anguish.  Did she petition for a modification. Is she asking for any supervised visits? Is the child in therapy?  Why ISN'T the child in therapy?

I am quite sure the judge will see through this as a ploy to distract from the modification petition. The judge as most likely seen this before.  

The Witch

. . KARMA is a Wonderful Thing!!!!!

[swilloug]

First off, thank you for all your support.  It is great to know that someone else sees what we know and see.

My SS is currently seeing a psychologist.  The reason for seeing him (she said at the 1st visit) was to see if he has ADHD, which he doesn't.  She would like to show he does since he is doing so poorly in school.
But now she says all his problems are from visits with us. My SS told his psychologist that he didn't want to visit us anymore.  When BD asked him about it he said he wants to visit but doesn't like the long drive and would like to stay longer.  My husband will be meeting with the psychologist again before mediation.

No, She has never called the police on myself or my husband because of being drunk.  And neither of us have ever had any kind of drug charges or DWI's or anything.

Other than reporting the child abuse she has done nothing else about the abuse.  (What a surprise!)

I pray the judge see her for what she it.  She doesn't know how to tell the truth and I am not sure if my SS does either.  It all depends on the psychologist now, whatever he recommends is what our attorney said we will need to do.