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Not sure where to look or who to ask???

Started by RltMat2006, Jan 30, 2008, 06:05:15 PM

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RltMat2006

My DH and his X seperated in Dec 2004 in Alabama. Approx 2 months later she up and moves to Rhode Island to move in with someone she had met via the internet. My DH was planning to move to Mississippi right around the same time. His X MIL offerd to keep my SC while they both moved with the agreement that he was to pick them 1 week later. He had never had any problems with her and assumed she was true to her word. He was to keep my SC through the summer and was going to allow them to move to RI with their Mother. (they were 5 and 3) The day before he was to pick them up he gets a call from a 3rd party that his x MIL had made accusations of abuse against him.He called X MIL and she just stated that yes that his oldest, my SD had told her some things and she had a lawyer drawing up papers of abuse. She also told him that if he tried to fight her that she would press child molestation charges against him. My DH spoke to my SD and she repeated the story to him that he tied her up and locked her in a closet. As a couple of weeks went by her story became more and more outlandish and her mood changed to being very somber as did my SS. (he never said that my DH did anything) At the time he said he had no money to fight her and to fight these kind of accusations. He spoke with his then STBX everyday and she acted like she knew nothing about it. (We have since found out diffrent) In the end my DH signed over full custody to his now X to get them away from his X MIL. Basically he was tricked and with no money to fight it he surrendered. When DH and X got divorced Joint custody was established even though it took 4 sets of papers being sent and a phone call that if she didnt sign it would be considered a contested divorce and she would have to come to Mississippi.
Sorry so long but what i was wondering was if child abuse accusations were thrown out their, How come DH never was visited by child services or even contacted by phone??? He and I believe he was tricked so X would get the kids with no problems.
Who do I need to contact regarding this??
The papers we have where he signed them to X do not have any allegations on them??
Does DH have the right to the information from X MIL lawyer who drew up the papers??
We are having many more problems now and are trying to coordinate all our documentation and paperwork when needed. Clearing up this matter will help when the time comes or even finding out what exactly was done for X MIL to retain custody until DH signed those papers??
I am so confused, any help here??
**Just a note: SD has since said she lied about the whole thing. She said this to me and DH, Her mother, and DH X MIL.
We still do not believe that if these accusations were made that she came up with them on her on.

RltMat2006

One other thing......In the papers where he signed over custody to X these papers stated "Both parties agree that the father shall not be responsible for any child support in any form for the minor children". Even though they stated this my DH never stopped CS. Divorce was not finalized for 17 months in that time between he did not have to pay a dime but he always paid the CS the 1st of the month along with clothes they needed,school pictures, etc.........

MixedBag

I guess I'm wondering "what's your question today?"  Because it sounds like someone played dirty back then, BUT dad has an order that gives him joint custody.

If nothing was put in the order, I wouldn't worry about it.

But who has custody and where are the step-kids?

Are they with MOM in RI?  Or with Grandma?

As for CS....the kids needs support.

I think it's good that he's paying and I hope he's keeping documentation.

Seems like if that line is in the final decree he's not obligated to pay -- however, if he doesn't pay, things like that backfire on the NCP.


RltMat2006

Joint custody was re-established and he pays on time every month and "extras" throughout the year.
The children are with their mother. They were back in Alabama but now she has moved them out to Arizona because she met another person via the internet.
We have been keeping detailed documentation....Phone records where he calls his children everyday (even if he doesnt get them he tries), daily journal type logs of anything that happens, child support, etc...
Mom is now telling us that she plans on moving back to AL after the school year (we are hoping she will) so we dont want to get a court order right now keeping her from moving again because then she will have trouble going back to AL. So we are waiting to see if she does before we pursue that avenue. And to see if we have any visitation interference this summer.
My question was is there any way to find out exactly how the grandmother got temporary custody of the kids back then?? We wanted to find out if any allegations were really made or if DH had some sunshine blown up his tail?? (like I said he was never contacted by child services.I would think he would have been) Contact the court or grandmas lawyer??
DH was definitly blindsided at a bad time in his life and bless his heart he wishes he would have done something then but we have to work with what we have now.

MixedBag

I would personally make a trip to the county clerk's office and ask to have the record pulled and then read through it.

At that time, you can also ask to have copies of everything that you see in the folder.

I wouldn't do this via mail because then you still don't know for absolutely sure that you got a copy of everything.

Why?

Gotta go back to when EX#3 divorced his EX.  There was a yellow sticky in the folder on top of one of the motions that had a handwritten note:

"This is the worst form of domestic violence and abuse I've seen against this mother in years."

Trick her attorney used.....and it worked.

Took us YEARS to get that reversed.  I mean years!