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  1. #1
    Join Date
    Dec 2007
    Posts
    6

    Default Father Is Taking Me To Trial - What Can I Do

    My sons father and I met for mediation and we were in agreement but father still wanted to go to court. Which I knew was going to happen once he told his wife the agreement. In court he said he was not in agreement. So we have been set to trial. I am assuming since I didnt do anything wrong that they are trying to get 50/50 custody so that they dont have to pay child support.

    I want to know what can I do?

    How to obtain evidence to prove his father does not want a relationship with son? (Step mother tells my son that she hates him and does want him there.)

    Can I take pictures while my son is at his fathers? Is there boundaries I need to know about?

    What suggestion does anyone have on preparing for Trial in California.

    Please help me as it is not a safe enviroment at his dads house. I have already called CPS but they will not release the report to go to court nor will they tell me the findings.

    Does anyone know who I can go to to get someone to report the enviroment and submit it to court and also a counselor that will counsel my son and advise the court of the emotional problems he is having because of his father?

  2. #2
    panther10758 Guest

    Default Re: Father Is Taking Me To Trial, What Can I Do?

    Nothing you have said warrants less than 50/50 custody. If your concerned about the childs safety living with Dad then bring evidence of such to court. You might also hire an Attorney

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Father Is Taking Me To Trial, What Can I Do?

    Nothing said warrants 50/50 custody, but there's nothing said which would particularly weigh in favor of that, either. The most important consideration is typically past practice of how custody was shared, particularly after separation.

  4. #4
    Join Date
    Dec 2007
    Posts
    6

    Default Re: Father Is Taking Me To Trial, What Can I Do?

    Quote Quoting panther10758
    View Post
    Nothing you have said warrants less than 50/50 custody. If your concerned about the childs safety living with Dad then bring evidence of such to court. You might also hire an Attorney
    How do I get evidence as I am not allowed over there?

    Concerns while at fathers house:
    Child not being supervised and is allowed to play out front and in the street.
    House is unkept, smells strong of animal urine(three adult dogs, one just had puppies, two cats and a turtle. they also have two boys of there own, a step daughter, and his wifes brother who all live in a three bedroom duplex. My son has to sleep on the floor as they have no bed for him.
    Fathers wife has verbally abused my son saying she hates him, doesnt want him there.
    Fathers wife has also thrown blocks at my son which one hit him in the eye(scratched) and on the leg(bruise).
    The kids run wild with no discipline, no rules.

    My son is not safe there, but when I talk to the police they always tell me that if there is a court order then he has to go to his fathers.

    What can I do to protect my son? When I go to trial I am going to ask for supervised visits. As I dont want to take him from his father but then his father doesn't want anything to do with him.

    This is all about money as they are low income and his wife wants to stay home with the kids. Which I dont want her watching my son as she is mean and so are her kids. My son has came home with bruises on him from head to toe and I had to threaten to call CPS is it doesnt stop. I did call anyways but they dont know.

  5. #5
    Join Date
    Dec 2007
    Posts
    6

    Default Re: Father Is Taking Me To Trial, What Can I Do?

    Quote Quoting aaron
    View Post
    Nothing said warrants 50/50 custody, but there's nothing said which would particularly weigh in favor of that, either. The most important consideration is typically past practice of how custody was shared, particularly after separation.
    Since my son was born he has been primarily with me. For a year and a half he lived with his father as the school district was better and his new wife seem nice and we got along. But during that year I had to take him to doctors visits, attend school conferences, dentist visits. His father did not have any medical for him up there either. I had to put him on my medical and have been paying for everything for my son. Which I have been since he was born. His father didnt start helping until 2004 but he still didnt do much with his son. When I would call and ask about something that happened His wife would tell me that my son was lying or she would change the story. Well in the beginning I had no reason to doubt her and so I would believe her. Then I was finding out that My son was infact telling me the truth and that she was lyign to me and when my husband confronted her she said that we already knew he wasnt beeing supervised. So after that I told his father that he needs to move back with me. which there was no fight about as his father could careless and his wife didnt want my son there. Since he has been back with me they didnt call or ask to see him. after about 2mons they finally called twice and then didnt call again until month later. And now they are taking me to court accussing me of not letting them see him. Which was not the truth. My son is doing a lot better living with me and my husband but now that he is visiting with his father on the weekends my son has been acting out in school and at home.

  6. #6
    Join Date
    Dec 2007
    Posts
    5

    Default Re: Father Is Taking Me To Trial - What Can I Do

    You can also take your son to CPS when he comes home from a visit or take pictures of him and the condition he is returned in. Try taking him to see a counselor who will testify in court if he finds there is abuse going on at the fathers house. If you cannot afford an attorney, call the Attorney Generals office, the have numbers for legal aide.(if you qualify)

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