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  1. #1
    Join Date
    Nov 2017
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    1

    Default Emergency Change of Custody and No-Contact Order Based on False Claims

    My question involves a child custody case from the State of: idaho

    I'll start this by stating that I have had custody of my son for ten years. Recently my son got a haircut, his mother wanted to come to my home the next morning to help him style it before school. I agreed that she could once, then he had to do it himself. He's almost 11. She came to my home, styled his hair, asked if she could take him to breakfast and then to school. I agreed. She then went to the courthouse, claiming my son walked in on me smoking pot. Also claiming I 'freaked out' thew a soda at him, and screamed 'get the f**k out of my room.' she was awarded a no contact order for herself and my son.

    My son's mother, has had her daughter taken into the foster care system nearly 2 years ago. I'm speculating because I don't know, but I'm pretty sure she has lost her rights. (her daughter has no relation to me) she spent most of these 2 years battling meth, and pill addictions. (from what I understand she is clean now) On two separate occasions, two different case workers called me, to ask if I would permanently provide a home for her daughter.

    I have a mountain of evidence against her. She has a very long history (my son's whole life) of making false claims against me. I have every report from cps (child protective services as its known here) that was found unsubstantiated. The most compelling is the closing report from 'cps', from the last time she made these claims. In this report, the case worker stats that I played a recorded phone call between my son, and his mother. It then goes on to state that the case worker heard clear 'coaching' from my son's mother, to my son. Instructing him to lie. The case worker goes on to state kind things about my parenting. Then states that she will be closing the report immediately because she believed the child was being coached so she could 'gain a leg up' in a custody battle. The accusations were that I lock my son in a bedroom to smoke pot.

    This has been a never ending battle for me and my son. I'm exhausted, but I'll never give up. I haven't seen or spoken to my boy for 11 days, which is by far the longest in our lives.

    Today was the first court hearing. It didn't go well. My son's mother requested a lawyer, which pushed the next court date to 2 weeks later. I felt it was imminent and tried to speak up. Before I got two words out the judge shut me down. Of course, my son's mother opened her mouth as well and was shut down a little more aggressively.

    I have a few questions. First, can anyone help me understand why the judge, seemingly did little to no work or research and ripped my son from his home of ten years? And placed him with a woman that has a child in the foster care system? Last, is there anything in the world I can do to tell my side of the story, or at least get the right evidence in the right hands? Or is this really the system? Someone makes accusations, gets my child, and I have to wait 31 days to tell my side of the story and have a shot at bringing my son home.

    Thank you. More than you know if you read this and help me.

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: False No Contact

    You need an attorney...you needed one before now.

  3. #3
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Emergency Change of Custody and No-Contact Order Based on False Claims

    It's not the judge's job to research the case before him. The judge's job is to make a decision on what will be the safest course of action at that point in time, and when a parent has made an accusation of abuse the court will err on the side of caution just about every single time. There's a really good reason for this, and I'm sure you understand why it must be this way.

    Has Mom had unsupervised access to your mutual child? If the answer to that question is "yes", then both you and the court have determined that she's not a threat to your son despite her history.

    I'm surprised - and not in the good way - that two "social workers" have asked you to become the custodian of a child that has no legal or biological relationship to you. Be that as it may, you need an attorney.

  4. #4
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Emergency Change of Custody and No-Contact Order Based on False Claims

    Quote Quoting Dogmatique
    View Post
    It's not the judge's job to research the case before him. The judge's job is to make a decision on what will be the safest course of action at that point in time, and when a parent has made an accusation of abuse the court will err on the side of caution just about every single time. There's a really good reason for this, and I'm sure you understand why it must be this way.

    Has Mom had unsupervised access to your mutual child? If the answer to that question is "yes", then both you and the court have determined that she's not a threat to your son despite her history.

    I'm surprised - and not in the good way - that two "social workers" have asked you to become the custodian of a child that has no legal or biological relationship to you. Be that as it may, you need an attorney.
    Its not that uncommon. The child is a sibling of the OP's child. I have seen that happen more than once that the parents of a sibling are asked to consider taking both children in order for the siblings to be together.

  5. #5
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Emergency Change of Custody and No-Contact Order Based on False Claims

    You're assuming that the other parent was uninvolved and/or unfit aren't you?

    Nm, it's a rhetorical.

  6. #6
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Emergency Change of Custody and No-Contact Order Based on False Claims

    Quote Quoting Dogmatique
    View Post
    You're assuming that the other parent was uninvolved and/or unfit aren't you?

    Nm, it's a rhetorical.
    Well, yes I was because if the other child had another fit parent available to care for the child, CPS wouldn't be trying to place the child somewhere. Right? They would be placing the child with the fit parent.

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