Crazy ex!!

fullyblown77 · 06-24-2012, 03:48 PM

I have been having a really hard time trying to see my daughter. her mom is fighting me in everyway , she even went to the court house and fake served me and got sole custody and guardianship. i found out by calling the school to see if my daughter was still going there . The school told me that there was court papers droped off and that i was not aloud to contact the school so i went to the court house and took her to court i proved that she lied , and that i had no clue about it.the judge through out the order and made a new one that the child will live with the mother and the father will have full access to the child.. but she will not let me see her still . i seen her 1 time in four months at the end of may my daughter told me that she does not have her phone when she is home and that her mom makes her take the moms cell when she goes out. so she can not see that im calling and texting her all the time. now im getting texts from my daughters phone saying really mean things that i no that my daughter would never say she is pretending to be my daughter WHAT DO I DO SOMEONE PLEASE HEL[ ME!

3leafclover · 06-24-2012, 04:31 PM

Your order is not specific enough. "Full access to the child" is extremely vague to the point of being unenforceable. You need to petition for visitation rights and an iron-clad schedule for visitation. Do you have an attorney or are you doing this pro se? I'd suggest consulting an attorney. The more thorough your new order is, the less likely you'll be in and out of court over the next several years.

Oh, and make sure you request joint legal custody if the judge didn't include that in the current order.

fullyblown77 · 06-24-2012, 04:38 PM

I am doing it by myself im trying to get a lawyer. i have had an order that was inforsable she just does not care. what is happing is she has been with a guy for a couple years now and she wants him to be her dad. so she is trying to do everything she can. i am going done to the court house to apply for a notice of motion. is there anything i can do about the texts if you have ant advice i would love to here it Thank!

3leafclover · 06-24-2012, 05:52 PM

There's really nothing you can do about the texts at this point, but I would save the ones you believe are coming from mom through your daughter's cell, if possible. As for your phoning and texting your daughter, your ex isn't required to allow anything on her time that's not specified in the order.

I know this is disappointing and must make you feel helpless. But remember that mom's sucky attitude will likely come through to a judge. It's not that these issues don't matter. It's just up to the judge as to how much they matter. Custodial parents are expected to facilitate the child's relationship with the noncustodial parent. Keep documenting all attempts to contact and see your daughter and all responses from your ex. Do consult that attorney and let him/her guide you as to what to do with this documentation.

You said you had an enforceable order before? Was that before her "fake serving" you and getting sole custody? What did that previous order specify as far as your visitation schedule? i.e. "1st, 3rd, and 5th weekends from 5pm Friday night through 5pm Sunday night" etc. etc. Does your current order specify any days and times?

fullyblown77 · 06-24-2012, 06:10 PM

Yes it was befor the fake serve! it was that i was to have my daughter every second weekend half of all hoildays, summer every second birthday ect. Im going to the court house in the morning I am going to apply for joint custody and guardenship and for the visites to be back to everysecond iron clad weekend police inforcable and for my daughter to see a child tharapist , and that i feel that my daughter is being abused . the ministry has been involed in her life for a long time the police have been called by neibors do to her boyfriend hitting her but the ministry said that they can't do anything becouse she is claming to live somewhere else.

fullyblown77 · 06-24-2012, 06:12 PM

Quote:

Originally Posted by fullyblown77

Yes it was befor the fake serve! it was that i was to have my daughter every second weekend half of all hoildays, summer every second birthday ect. Im going to the court house in the morning I am going to apply for joint custody and guardenship and for the visites to be back to everysecond iron clad weekend police inforcable and for my daughter to see a child tharapist , and that i feel that my daughter is being abused . the ministry has been involed in her life for a long time the police have been called by neibors do to her boyfriend hitting her but the ministry said that they can't do anything becouse she is claming to live somewhere else.

the visit was to be from after school on friday till sunday at six and if the friday folowed on a pro d day that i was to get her at 9am friday till 6 on sunday

fullyblown77 · 06-24-2012, 06:35 PM

I have also talked to her school and found out that she misses alot of school !

3leafclover · 06-24-2012, 11:01 PM

Too many issues here. You need to be very cautious about using accusations of abuse during a custody trial unless you have enough proof (police reports, convictions, hospital records, etc). You should hold off on filing tomorrow and make your next step finding an attorney ASAP.

fullyblown77 · 06-25-2012, 01:21 AM

Ok i will thank you!

fullyblown77 · 06-25-2012, 01:30 AM

Quote:

Originally Posted by fullyblown77

Ok i will thank you!

i do have lots of proof from the ministry and police reports! i will wait and see a lawyer befor i samit then?