Ex-Wife's Boyfriend Assaulted My Friend
My question involves a child custody case from the State of: Michigan
so my wife and I split a few months ago. to make a long story short she assaulted me (didn't file a police report, stupid I know), is an alcoholic, got fired from her job. (she is a nurse, so am I)
the court at the early intervention ordered I have the kids 4 days a week, which is everyday I don't work.
She met a guy in AA who is about 45 (she is 32) has no car and no job.
I drop and P/U the kids at her mom's house so we don't have to see each other. My friend Ryan happens to live across the street from her mom's. So after I dropped the kids off I went over to say hi to Ryan (haven't seen him, he was on vacation), at this point my ex hadn't showed up yet, and I left before she would.
When she did arrive she walked across the street and started yelling at my friend Ryan in front of his 7 year old daughter and the neighbor kids, she was mad basically because Ryan and I talk and are friends. At this point my ex's boyfriend came across the street and got in Ryan's face and was threatening him and from what I understand attempted to hit him. all this in front of Ryan's daughter and her friends. my kids were in my MIL's house and hopefully didn't witness this. My ex was yelling at her boyfriend and telling him to go across the street, which he wouldn't do. finally he left. My ex then told Ryan that "I didn't know he was like that."
In court the issue of this creep was brought up and the mediator didn't issue an order to keep him away from the kids, only that he couldn't spend the night. The mediator did verbally tell her to stop having him around the kids and it is inappropriate, and if anything happens it is her responsibility.
So my question is, can I do anything about this guy now that he has assaulted/threatened my friend? either by getting my kids full time (I believe my wife is bi-polar, she is definitely an alcoholic) or by having this guy from being around my kids?
Re: Ex Wifes Boyfriend Assaulted My Friend
You'll have to articulate that he's actually a threat to the kids. Not your friend or anyone else - but the kids.
There's certainly nowhere near enough to justify switching custody at this point.
Re: Ex Wifes Boyfriend Assaulted My Friend
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dead_onion
So my question is, can I do anything about this guy now that he has assaulted/threatened my friend?
You weren't there, and by your own version, the kids weren't either. If your friend wants to pursue a police report, he's free to do so - but the incident, as far as the court will be concerned, is going to be seen as a conflict between neighbors.
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I believe my wife is bi-polar, she is definitely an alcoholic
Belief isn't relevent in court. Has a physician diagnosed her as bi-polar? Does she have documented negative incidents involving alcohol, such as DUI, disorderly in public, etc.? Neither of these, in and of themselves, is relevent unless you can prove to a court that one or both DOCUMENTED situations poses some THREAT to the children. The reality is that parents with all sorts of issues are given free access to their children - and that access isn't likely to be curbed without (a) documentation, and (b) reasonable inference that whatever you're documenting poses a danger or should otherwise be supervised. The situation with your friend Ryan needed to be documented by Ryan. Courts don't want to hear 2nd hand reports of potential criminal behavior - they want to read police reports, which have been sworn to by those involved in the incidents in question, preferably in addition to actual testimony in court by those parties. As you can see, the key is DOCUMENTATION.
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or by having this guy from being around my kids?
If you're talking about an incident that wasn't reported to police, where no charges were brought, and that didn't occur in the presence of the children, it's not likely to concern the court to the degree that mom would be ordered not to have the children around him (because regardless of mom's other issues, she's currently allowed access to the children, and if she finds him suitable to be around them, you'll have to overcome a substantial burden to get the court to over-rule her parental determination that the guy is ok - and that takes....yes, documentation). If you're not already working with a seasoned custody attorney, you'll want to.
Re: Ex Wifes Boyfriend Assaulted My Friend
ok, so last night I called my ex about 12am. she was in tears, her boyfriend took her truck to go get milk for the baby and didn't come back. I asked why is he there so late (court order says no spending the night), she said he is coming back, that he had been drinking. I told her im coming over to pick up the kids, she said OK, then stated she wanted to come over too, and that she was going to her neighbors house to wait for me.
so I picked her up. in the car I asked about this guy, (I knew she met him in AA, he is in his 40s with no job, and she had him around the kids 2 days after she met him) she said he collects disability because he is mentally ill (bipolar), he had been drinking that night while taking prescription meds (trazadone, xanax, Cimbalta). So we went to my house. he sent her a text in the morning stating he had gone to detroit on a binge (still in her car) had blacked out and was now back at her house. She also discovered they he had used her debit card on his binge and had overdrawn her account by over 50 dollars. She told him they were through (I was sitting next to her during this entire conversation) he then refused to leave her house. she told him he had 3 hours to leave her house. he refused to leave, stating he had nowhere to go (he got kicked out of the 3/4 house he was living in) Jen offered that since he still had her truck he could use it to drive himself to wherever and then I would go her and I would get the truck. he still refused to leave. We ended up driving to the police station and had to bring the cops over to get him to leave her house. When he left he had a large suitcase, 2 large rubbermaid containers full of his stuff, an alarm clock, and a bunch of paperwork. My ex told me that she was planning on having him spend the night there and stay with her for the next week or so (this would violate the court order with him spending the night with the kids)
so he is gone now, my ex. says its over between them, that he won't come around anymore, but what about the next guy she meets.
can something be done here???
Re: Ex Wifes Boyfriend Assaulted My Friend
If you're asking if you can stop mom from dating, or from dating someone without prior approval, once the divorce is complete, no. Very few states issue parenting orders with a "no paramour clause" (lots of case law supporting great difficulty in a court's ability to ENFORCE them) - and they are generally only ordered at the BEGINNING of the parenting plan, to cover the time while a divorce is working it's way through the courts - AND, typically are ordered in cases where adultry is a factor in the divorce. Once the divorce is final, BOTH parents have the right to pursue new relationships. If there are issues with some particular individual, and that individual can be shown to have some substantial negative impact on the children, then you can absolutely motion for the court to modify custody accordingly; such as asking visitation to occur without the person present, or for visitation to be supervised, depending on the circumstances. But no, you're not going to get a blanket order from the court that mom can't live with a new man as she sees fit. The court is only going to address such circumstances if it can be SHOWN that there is some particular issue needing the court's attention to protect the child from some reasonable danger or neglect.