Grounds for legal custody...

[Sunshine1]

Ok a couple of posts ago you said I must prove the following...

"Clear and convincing evidence of a change in circumstances affecting the child(ren)'s best interests is the burden of proof. You must show that the children's lives are adversely affected by the affirmative actions of the other parent, and that a change of custody will remedy the circumstances."

Here's what I got:

Father has estranged himself from the children for 2 years with maybe 2 visits in that time frame. Documented

Father does not call them ever, even when he did see them. Documented

Father refuses to give me medical cards/ insurance info expressly ordered to do so. Documented and CS worker is also trying for his cooperation.

Father refuses to speak to me and SM calls me several times a day. All recorded in voicemails from SM.

Father refuses certified mail.  Recorded in voicemails from SM and returned letters.

Father refuses to sign off on passports because he thinks I am leaving the country for good and won't do me any favors (which he knows is NOT true) Recorded in voicemails from SM.

SM is cancelling various medical appointments for both children. Can't prove other than I had to re-schedule them,because they just say cancelled not by who, so Documented.

Voicemail left at 11:30 pm of a recording of Father speaking to medical provider about a bill and bad mouthing me to her. (ya that was a wierd gift)

Will not speak to SM as to set a precedent to let her run the show and to let it keep happening.  Another voicemail that Father will not speak to me ever regarding the children except through her.

Children, even if re-united, oldest (9) almost (10) wants nothing to do with father unless SM is nowhere around.  Youngest is mentally handicapped and can not form his own opinion but can not handle the sporadic visits.

Even supervised (SM ordered not to be alone with them) father does not follow medication regimine because of SM tampering with pills...hard to prove and can only be proven if child goes through blood draws before and after every visit.

1. Do I have enough evidence for a Legal custody change?

2. If the answer is no, do I at least have a butt-load of contempt and grounds for a RO on the SM?

FYI... Case in MN & Stalking law...

http://pigseye.revisor.leg.state.mn.us/stats/609/749.html

[socrateaser]

>Here's what I got:
>
>Father has estranged himself from the children for 2 years
>with maybe 2 visits in that time frame. Documented

Can he successfully argue that you have frustrated access to the children?

>
>Father does not call them ever, even when he did see them.
>Documented

See above.

>
>Father refuses to give me medical cards/ insurance info
>expressly ordered to do so. Documented and CS worker is also
>trying for his cooperation.

Contempt. Not necessarily grounds for a custody change.

>
>Father refuses to speak to me and SM calls me several times a
>day. All recorded in voicemails from SM.

Get a restraining order against SM for stalking. Not grounds for a custody change.

>
>Father refuses certified mail.  Recorded in voicemails from SM
>and returned letters.

Grounds for contempt, not custody change.

>
>Father refuses to sign off on passports because he thinks I am
>leaving the country for good and won't do me any favors (which
>he knows is NOT true) Recorded in voicemails from SM.

Grounds for nothing. Father may reasonably believe that you are a threat to flee the jurisdiction with the kids and not return.

>SM is cancelling various medical appointments for both
>children. Can't prove other than I had to re-schedule
>them,because they just say cancelled not by who, so
>Documented.

If you can't prove it, then it's irrelevant.

>
>Voicemail left at 11:30 pm of a recording of Father speaking
>to medical provider about a bill and bad mouthing me to her.
>(ya that was a wierd gift)

That's between you and the other parent. Not grounds for custody change. Maybe grounds for civil slander action.

>
>Will not speak to SM as to set a precedent to let her run the
>show and to let it keep happening.  Another voicemail that
>Father will not speak to me ever regarding the children except
>through her.

Get a restraining order against her for harrassment. Otherwise, not grounds for a custody change.

>
>Children, even if re-united, oldest (9) almost (10) wants
>nothing to do with father unless SM is nowhere around.
>Youngest is mentally handicapped and can not form his own
>opinion but can not handle the sporadic visits.

If the child doesn't like the SM, this has nothing to do with a change of custody, because the simple solution is to require that father be restrained from bringing child within SM's proximity.

>
>Even supervised (SM ordered not to be alone with them) father
>does not follow medication regimine because of SM tampering
>with pills...hard to prove and can only be proven if child
>goes through blood draws before and after every visit.

No proof, then no case. What sort of "tampering" are we talking about here? You're making it seem as though the SM is attempting to poison the child.

>
>1. Do I have enough evidence for a Legal custody change?

Not in my courtroom you don't.

>
>2. If the answer is no, do I at least have a butt-load of
>contempt and grounds for a RO on the SM?

A couple of contempts, and a restraining order. But, a "butt-load," I don't see.

I don't have time to review the MN caselaw on stalking. If you believe there is an issue, you should call the sheriff and discuss it.