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In a custody battle ex wont give up?

Started by shellcode, Dec 04, 2011, 11:22:46 AM

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I live in NYC so does my ex we have a 5 year old daughter.I awarded visitation back in June 4,2010  to every other weekend from Friday 5pm to Sunday 6pm.I was violated in November 25,2010 on the Thanksgiving holiday mother wasn't home,so i filed a violation and a police report,and than on Dec,10,2010 i was violated again,so i did the same thing filed another violation and a police report.And than we had court date Feb 8,2011 in which i was awarded make-up visits.So than after that every thing was going smooth until around April things start to go out of hand,around April ,29 i was denied because my daughter didn;t want to come with me,at that time i didnt want to get the cops involed,so i went to court file a violation,and than on May 13,same bullcrap,she didnt had the child ready!

And refuse to get her ready,and i was about to call the cops her father got in and kicked me out the house,so i called the cops and they came and asked,"if u want the child," i said never mind this much for my daughter i'm going go to court and go for custody.And now she goes to file a petition stating,she wants my visits suspend because the child don;t want to go blah blah,so we had court date for that i didn;t speak to well because i was nervous,and she didn't either so judge dimissed the case(this happend may 25,2011) that same date she filed a order of protection against me for no reason because she knew that my visits with my daughter is on her birthday she turn 5,but i still went to get my daughter i had police acompany me to her house found out she wasn;t home her father said she left shopping in queens.

So i filed a violation and for custody,so we had court date August ,22 2011.That case got dismissed with out prejudiced,because of the OOP against me.I been fighting this oop since june 15,2011, we had court date after court date,so now around october 26,2011 court date for the OOP,we went but it was adjoured until Dec 8,2011

And than again lol the ex goes filed another petition saying,she wants sole legal custody,that i'm maltreating our child,i don't feed her,bath her,she come with rashes(which is not tru) that i yell at my daughter in front of mom,she said i was diagnose with retardation,and wants to suspend all visits! And she want to go Dominican Republic in the summer to visit family.So i have a court date for that same date as the OOP Dec 8,2011

And than now on thanksgiving she violated saying the child is sick,with fever,vomit,and dirreaha,and that was it no further information on her health, i got that txt around 9.30am.So friday i went to the hospital to get the child medical records,the child was bought in but discharge,she didn't had a fever,or dirreaha,just vomit minor illness of a stomach bug,but she could of went to school(if there was school)So i believe she could attend visitation because i could of take care of her the hospital was close to me than it is to her.And the child could eat,like fruits,alot of water,or food that simple to digest.

i know sound crazy lol but that's what im going thru, i think the ex has emotinal issues,mental issues or something,she going to keep doing it because she think everthing is going to be her way,and the judge not scaring her! So are they any options that can be taken? have her evaluated? or request a Guadian ad litem??
i would be having a lawyer on Dec 8


definetly seek legal counsel.

dominican republic needs a passport correct?? which you would need to sign.

Retardation?? Ya hear say....I think a legal guardian is in order....possibly ask for change in custody based on her frustrating visitations...but you said New York...probably wont go far.



NY probably wont reverse custody BUT they are not allowing parents to leave the state when the other parent is involved without a good reason. So you should have a shot at keeping her in NY and in the USA. She can go but then that is when you ask for full custody.
You need to talk to you lawyer before hand, ask to meet an hour before court at a deli or something. Get a game plan for Dec 8th. Probably wont be a trial but he can ask for a GAL to be appointed, and an order that the child not leave the state/country. That should be priority along with a visitation schedule until the next court date including holidays with times/dates of pick up. If child is in school, they have a week off in NY for Christmas break, so get some time then. Be very specific on what to do for Christmas Eve and Christmas day...then the rest of the week off.


yea good point,i've been to reach him but no answer,i have a parenting plan to get the child from school an return her to school monday morning,i dont want to see my child and causing problems at the precint with her mom or grandmom

Kitty C.

To be honest with you, a police station or precinct is the best possible place to have an exchange, especially when the other parent can be a 'problem'.  Think about it.....there are cameras all over the place, so if she pulls anything questionable, there's video to prove it.  And if she really gets out of hand, the cops will be readily available to 'straighten her out'....or at least keep her in check.  Which is probably the case here, because if you have the exchange moved any place else, be prepared for the BM to try to take advantage of you....just because she knows/thinks she's not being watched.
Handle every stressful situation like a dog........if you can't play with it or eat it, pee on it and walk away.......


yea,maybe u right,is that she comes late all the time,because her "mom" is childish,she has to wait till her mother come from work around 4.30 so they could go together,and is wasteing my time,knowing she has to be there at 5.pm i let slide it before,but she making this a habit

Kitty C.

If being late (as opposed to not showing up or making a scene while she's there) is the only problem, it's best to just grin and bear it.  But if it's worse than that, it's certainly something to bring up in future court proceedings.
Handle every stressful situation like a dog........if you can't play with it or eat it, pee on it and walk away.......


Yea, i just don't appreciate her grand mom getting involved,and talking crap to me and front of my daughter,that's why the x is like because they do all the dirty work for her

Kitty C.

That's why you make the exchanges as short as possible and as soon as you have the child, you turn around and leave.  If she wants to talk trash to the back of your head, then let her.  Understand that you can't change the g-mother and about the only way you could get a CO to keep her away from exchanges is if she gets physical.

Don't engage in conversation with the BM....if she tries to keep you there by insisting that you have to talk to her about the child, tell her to either call or e-mail you about it, but as long as the g-mother continues to disparage you in front of the child, you will not stay there to talk to her and subject the child to that.
Handle every stressful situation like a dog........if you can't play with it or eat it, pee on it and walk away.......