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CAn we do anything with this information?

Started by wallyworld, Aug 31, 2006, 04:38:21 PM

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wallyworld

now remember this is the man that 5 years ago paid 20,000 in HER lawyer fees to keep us from getting custody... We lost and she went back to her abusive mom in FL (we live in IL).

Ex's dad called me.  I live in IL.  My daughter resides in FL>
 he called to say that she is (his ex, NOT daughter) is getting beat on a daily basis by her new husband. They have a 3 WEEK old.

 He said the husband is an alcoholic who starts drinking at 9am. HE IS A PILOT. So if you live in the tampa area WATCH OUT if you are flying..... He is only 28 years old....

He is NOT sure if the husband is laying hands on my daughter.

Her husband and her got in an argument with  ex while on the interstate. He started driving 110 mph WHILE the infant (then a week old) was in the car (luckily my stepdaughter was in school) and pulled over and kicked her out of the car WITH THE INFANT! The middle of the interstate! HE NEVER came back to get them! She had to call her sister who was an hour away to get her...
 
He has NO records tthat I can find (arrests)


1.  Is this considered a change of circumstance?
2.  How will this stand up in court if I were to go for custody?
3.  HOw do I document this other than my phone record?
4.  Anything specific I should do with this ifnormation (such as call DCFS or something like that?)

socrateaser

>1.  Is this considered a change of circumstance?

Maybe. Depends on whether the child's mother is prepared to leave her new husband.

>2.  How will this stand up in court if I were to go for
>custody?

Well, first you need to be able to prove that this man is a clear and convincing danger to your child. This may not be so very easy.

>3.  HOw do I document this other than my phone record?

Private investigator. Very spendy. Is the child prepared to testify that she is terrified of the stepfather? If so, then you have a case -- otherwise, probably not until something physical happens and the kid calls the police.

>4.  Anything specific I should do with this ifnormation (such
>as call DCFS or something like that?)

The problem is you're so far away. If you request an investigation, everyone will straighten up and fly right until it ends and you'll be nowhere. You need your child to testify. I believe she's old enough to be credible. Without that, you can file a motion for a restraining order, and raise the issue to the court's attention, but once again, everyone will straighten up and fly right, and you'll be able to prove nothing.

You need the hard evidence or testimony first or you'll be spending another $20K for nothing.

catherine

but I would contact your ex when her husband is not home and confront her about what is going on ... and offer help.  Most abused women don't leave because they don't think they have anywhere to go and no help.  I'd also contact all of her family and encourage them to help her get out of the situation.

Actually, I'm editing to say, you might be better off having the father contact other family members because you most likely won't have a lot of crediability!