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Rule 28B Temp Parenting Plan

Started by cmledbet, Apr 21, 2005, 09:48:47 AM

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Wow.  I have never been involved with something so bogus as this rule in my life.  Myself, the mother, who was the sole financial provider for her 2 small children ages 2 and 5 and husband who is currently in a drug rehab program, is an alcoholic who drinks 5-6 beers/day, has been physically abusive in the past, and is verbally abusive now.  He filed a Rule 28B temporary parenting plan, which I was not required to agree to, limiting my time with the children to 4 hours on Sat. and 2 hours on Wed. supervised.  In his statement, he claimed that he found sexually explicit photos of me on my email (true), I gave out my home phone (false) and home email (false).  He also took credit for the childcare his parents provide to be his own to make it look like he was more of a primary caregiver than he actually was (he didn't work).  He claimed that he was "extremely concerned about my judgment and the safety of our children".  My actions never came close to putting the children in any danger, however his abuse WAS in front of the children.  He also would have my 5 yr old bring him beer.

So how can a judge give custody to this man without even considering the other side or any evidence that my children were in harm's way??

He moved in with his parents and took my kids.  I have been continuously employed by the same employer for 5 years and am well respected by friends, family, my coworkers, employer, etc.

How does a judge sign something like this blindly simply because he filed the motion first?  I was the one who was actually initiating the divorce.  He just moved faster to file and now I have to live with it until my lawyer can file the motion to reverse the situation.

Also, note that my job requires I undergo psychological evaluations, be fit for duty (i.e., no drugs and alcohol) while he continues the drug rehab program (methadone clinic) that he started 2 years ago.

My attorney states that he feels this is unconstitutional but in lieu of spending the time and money to disallow this to happen again, we will opt for the faster course of action to file the motion to have it reversed.

Has anyone else had a similar occurrence?  Am I alone in that my kids were removed from my custody without my consent and no justification?