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Ex hubby wants custody, I have begged for children for years.

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  • Ex hubby wants custody, I have begged for children for years.

    I found this site while looking around for free online law advice. I am hoping I can get some answers before strolling into court on Monday, or even enough advice to let me know where it is all going to lead to so I'm not heartbroken when he walks away with them. We divorced in 2000, we have 3 children from that marriage. I took our youngest, our daughter, and moved on. He kept our 2 boys who were older. Our divorce decree gave me "primary residency" of our daughter, and he was awarded the same with the boys. We agreed to visitation on our own accord. We did get back together in 2001, just for it to end horribly in 2003. I was on quite a few anti-depressants that weren't working, we were behind on rent, and our furnace wouldn't work.. so when he offered to take the children with him at the time, I allowed him. He stated that when I found a new place and was "stabilized" as he put it, I could have them back. Just before Thanksgiving of that year, he called me and said the he was literally kicking our 6 year old son out of his house, he was too much of a handful. Either I take him, or he was being shipped to my mother in law's. Of course, I took him.. it wasn't the first time I had tried to get the children back. When school let out in June of 2004, he requested for our 6 year old to join him for the summer and he would come back to me before the new school year started. I agreed, and when I called in August to get him back.. the ex refused to send him and stated that he was already enrolled in school where he was living. Since I didn't have custody of him, I didn't push the issue. I have asked him NUMEROUS times to at least return our daughter to me, since I was given primary residency. His response is always "Let's wait until such and such time then we will see." The last time we were supposed to discuss it was at the end of the summer, and once again I was let down. Now, I can't afford a lawyer. Never have been able to. And every time I have called the courts to see what I could do about it.. I was told I would have to hire a lawyer. Which, as I stated, is beyond my means. In September, my daughter arrived to me for our agreed upon bi-weekend visits with a fat lip that she and my son both stated was received from my ex's new fiance. I was begged not to bring in Child Protective Services, to wait and hear his side of the story. Well.. it took him almost 2 months just to CALL me. I don't have long distance, so I couldn't call him. When he did call, I confronted him with it and was told basically that both children lied and exaggerated everything (which more instances of this woman being mean were brought up by the children) and that he had no worries about it.. so neither should I. Two days after confronting him, he decides to take me to court to get custody of both children. I think it is his way of having them legally in case I decided to bring anything about the abuse up to the courts. My children come to my house in very gloomy spirits.. the father is not an open loving kind of guy and doesn't show them affection. He is very strict, and it breaks my heart to see them arrive that way. On several occasions, my daughter has cried when having to return home. I'm worried about going to court.. I took pictures of the fat lip my daughter received and have proof that my son at least resided with me for 8 months since the time he is claiming that I haven't had them. I would love to walk out of court with both of them being returned to me, but I'm afraid that he will prevail because he claims he has had them for three years. He has never asked for child support, even when offered. I do help with school clothes every year, and I fully support them when they come for visits. I am being dragged to court again next week (so that makes 2 appearances) for support also. I already know that I am going to request a lawyer when walking in for both. I would just like to be prepared. I DID call child protective services, since I will be showing the pictures to prove that there are reasons why my children should not reside with him. But as far as I know, nothing was done about it. Any thoughts or ideas would be greatly appreciated.. and would definately ease my tensions. Thanks for reading this!

  • #2
    Re: Ex hubby wants custody, I have begged for children for years.

    Call CPS repeatedly, they should be very helpful. If you cannot get an adequate response WLD lawyers could intervene if need be.

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