BioMom making false allegations and in violating court order.

[cassandragrace]

A basic summary of my situation:

I have been in a relationship with my BF for one year.  He and his ex have been separated for nearly 2 years, have no custody agreement, their 5 year old daughter has predominantly resided with the mother.

Over the course of the past two years, BM has continually denied and/or severely restricted father's involvement with child.  He has only been allowed one overnight visitation.  The child was fine, woke up once a little scared, but was calmed down easily and put back to bed.  She was not upet the next day and didn't even display an interest in speaking to her mother when she called.  Fast forward 2 weeks, we talk to the daughter about how she will be spending the WHOLE weekend this time.  She gets very angry and states that she is "too young to be away from her mom that long" and that her mom would be "too lonely without her"  and "don't even think I'm going to be staying the night here again"  ---Not natural words to be coming from a 5 year old's mouth.

Father got fed up and filed for pendente lite hearing.  Hearing was only partially held due to mother claiming the child's doctor had notified DSS about a rash on her privates and an investigation was taking place.  Judge was upset that mother had not  followed her verbal order to let father have overnights, so put through a court order to make it happen until the pendente lite hearing could be fully held.  At that point, father had not seen daughter in 5 days.  

Three days after this order went into affect (also the day the father was supposed to have daughter) BM and her mother went to DSS and alleged to have found blood in daughter's underwear after her last visit with father (which was one week prior) they did not have these underwear as proof.  However, BM and her mother (who was also at the pendente lite hearing) lied to DSS and said there was NO court order regarding visitation, as a result they illegally obtained an order stating father was not to have contact with daughter for one week.  Mother waited until the day the order was to expire (last thursday) to allow DSS to interview daughter.  DSS found no evidence that ANYONE was physically abusing the little girl; upon notifying BM and her mother of this, the case worker stated that they became irate and stormed out of the office.

Not two hours later, they went into court and obtained a protective order against father, stating that daughter had told BM's mom that Father was sexually abusing her--and requested that a DSS investigation be lodged.  They failed to notify the judge that a DSS investigation on the same allegations had JUST been finalized and found to be untrue.

Father's lawyer is confident that no extended protective order will be granted.  Lawyer has also filed multiple contempt charges against Mother for violating the court order.  

In your opinion, will the father have a good chance of obtaining sole custody based on the contempt and false allegations mother is making?  The timing of all of her tactics has shown a pattern of happening RIGHT before Father is supposed to have visitation with child.

What if any other legal avenues can Father take to ensure mother is not allowed to continue these types of actions, as they are adversely affecting the child.  She is 5 years old and has not seen her father in nearly three weeks.  Father has not even been able to communicate with child verbally.  Child's Mother and Grandmother both have a history of speaking negatively to child about Father, his family, and loved ones.  The child even admitted to some of the negative comments her mother and grandmother had said to the DSS social worker.

[mistoffolees]

All I can suggest is to keep working closely with the attorney. False charges happen all the time and most courts are used to them. They're not perfect at separating the false charges from the real ones, but they're pretty good. In general, it takes pretty solid evidence to prove abuse.