Dear soc

[jgg]

I have been involved in a custody battle for nearly 2 years and things have been a bit strange I was hoping you could advise me on the ability to win this case.

I left my Ex over 2 years ago. She has had a series of mental problems steming from depresion. She had herself admited once while I was with her. When I decided to leave I was going to take my 10 month old son with me because of my concerns about his safety.

 When I proceded to leave she called the police and told them I assaulted her.  I was arrested under her false statements and the court the next day awarded her temp custody, with overnight visitations awarded to me. I went to trial and was founf continued without finding due to her story changing frequently.She has filed a restraining order and has renewed this for the last 2 years

I started laying the groundwork for a custody battle, I took notes about suspected abuse and neglect. About 8 months after I got a call from social services stating someone had reported my ex for neglect. I let them know what I knew of her including her suspected neglect and mental problems.

While the DSS case was still ongoing, and during my visitation weekendI got a call from her cousin stating that she had a mental breakdown and she was threating to kill herself as well as her other son from a previous marrage.  She was tranfered to an institution for a 2 week observation in which she was diagnosed with Bipolar and possible schitzophenia.

When she was in the institution I filed an ex parte motion and was granted physical custody as well as joint legal. The court had put to guardian ad litems on the case one for the minor child and one for the case. The court had ordered her to pay $60/wk child support which she paid only 4 payments in a year and a half and recently had the support order removed due to her not holding a job.

Soon after she disapeared for 4 months due to "illness" and refused to answer and questions regarding visitation. During this time she filled for SSI disability, which she had stated the reasons behind her disability is "privilaged" information.

During the interviews it was disclosed that DSS had recomended that she should custody of both children because she is incapable of doing so. Both Gardian ad litems have stated that legal and physical custody should be awarded to me and she should have no overnight visitations.

Currently I have had custody of my son for 17 months, I have since remarried to a woman who has a son one year older than my own. I have a great steady job, as well as my wife, a nice home in a rural neighborhood. My child is very close to his step brother and is inseperatable from him.

During her visitation she still exhibits strange behavior, does not change diapers, does not feed him, and he arrives back in the last 3 visits soaked in urine and starving.

I have the final pretrial on this mess on December 10th, I have everything documented with her visits including irrational e-mails, a complete log book, emails from her cousin as well as others who witnessed her being institionalised. Her and her lawyer have stated that she is better now, and that the only reason was an inbalance in her meds, and her medical records are privilaged information. We have asked for the medical records to be viewed by the judge in camera.

My question is this,
1. if a person who has this long history of instability has any chance of convincing anyone she is fit?...Do you think that this should be an easy win in court considering what went on?...The case is in MA...

I worry for the safety of my son....

[jgg]

Her lawyer is currently stating that:

 The gardian ad litem in the case is not qualified to make an assesment of her client.

The DSS case workers are incompetent in their judgements.

That her client has "issues" but is being treated with medication and is ok now.

My ex has also made claims of drug abuse and alcholism, which I have not drank in over 20 years, nor does my wife. As for drugs neither one of us takes even an asprin...never mind illegal drugs.

[littlebit]

J,

Read the mandatory forum guidelines, the link is at the top of the page.  You may also want to view a few of the other members' posts to get an idea of how it should be done.

Soc will be more likely to respond if you re-do your post in a more condensed form, and have some specific questions.

Just trying to be helpful,
Littlebit

[socrateaser]

>>1. if a person who has this long history of instability has
>any chance of convincing anyone she is fit?...Do you think
>that this should be an easy win in court considering what went
>on?...The case is in MA...

If I had never read the reported allegations of the mother's attorney, I would infer from your facts, that this case would be a slam dunk in your favor.

In my view, the other attorney is simply saying the only thing that he can say, i.e., prove it!

So, if you can prove your allegations, then you will win. Also, the fact that you have had custody for 17 months weighs heavily in your favor. I think you're worrying too much.

[socrateaser]

...under the circumstances, the post is ok -- the facts are so heavily weighted in favor of the poster, that there's nothing to analyze.

[jgg]

Thanks for the advise and encouragement,

It's been a long battle...I guess the nerves is getting to me....:7