Odds of Success For Changing Residential Custody

[NJDad]

Dear Socrateaser,

I am divorced almost 6 months, having 4 wonderful children. The Ex had tried almost every tactic from false abuse charges, false harassment charges and coercing the children to make false abuse claims. She hired private Psychologists, without my knowledge, to attempt to achieve her agenda.

The court ruled that she was very controlling, needlessly involving CPS and the police, filed unfounded reports, denied me medical and school records and was suffering from symptoms of Borderline Personality Disorder. They also dismissed her private Psychologist's reports. I was awarded Joint Legal Custody by the Court and agreed to let her be the Residential Parent before the trial even started.


Within 1-month post-trial, she continued to and did the following:

1) Filed several more false abuse charges against me – elevating one to a sex charge with my 5-year-old daughter. Deemed unfounded.

2) Continues to coerce the children to make false reports against me to Doctors, Psychologists, School Officials, and various members of the community. The children report to the Court Counselor that she is doing this.

3) Only sporadically saw the Court Counselor, by making up excuses to her - as ordered by the Court. (She saw her 3 times in 5 months - instead of the 10 times required.)

4) Failed to inform the Court Counselor that there had been additional abuse charges filed or alleged against me – as ordered by the Court.

5) Failed to see a Court Ordered Psychotherapist to address her anger and behavior.

6) Prohibits the children from talking to me on the phone – as ordered by the Court. I've spoken to no one child more than 4 times in 5 months. She is to promote the children calling me and speaking to me. She continues to intercept and monitor the phone calls and punishes the children if the speak to me.

7) Failing to disclose medical records and children's events – as ordered by the Court.

8) Denigrating both my family and me to the children and to anyone else she can.

9) Continues to takes the oldest child to a Psychologist and forces her to make false claims - even when directed by the Court that only the Court Counselor is to be used.

10) She had her boyfriend move into the house.


Just before Christmas, the Judge sent a letter stating that my Ex's actions were detrimental to the children. And that I may file a motion; but nevertheless, the Court may file a motion on its own behalf.

I just filed a motion for Residential Custody due to these issues the other day. I am also requesting that she have Supervised Visitation until the Court Counselor deems that progress had been made with her anger issues. I am fortunate enough to have a job and family that will allow me to accomplish this request. Curiously, while trying to call the kids yesterday, after she had been notified of the Motion, she had a happy tone to her voice as she stopped them from speaking to me.


QUESTION:

1) What is the likelyhood of this Motion's success?

2) Are there any other thoughts or suggestions you may have regarding this matter?


Thank you,
W


PS. I disabled the viewing of my profile until the legal issues have been resolved.