Im going back to court for a custody review?
Heres the situation: My ex was awarded sole custody of my son by default i didn’t appear for court but 3 yrs ago i had the default set aside and was only given visitation rights w/joint legal custody.My ex was awarded primary physical custody and pays me $202.00 a month.I don’t pay cs becuz im on ssi my ex is pissed about this and so he calls the cops on me lying telling them im violating the court order that im refusing to return the child after my visitation hes called them on me about 5 x’s w/ lies.My ex told me that becuz he is a “correctional officer”that my chances of regaing custody are slim. Whenever i go to his house to pick up my son he’s never there hes always at work his mother is the one doing all of the care for him. He was able to decrease cs becuz he said he had to pay his mom for childcare he bought a receipt book and wrote up a 6mo worth of receipts it was obvious but he got away with it. Im at home 24/7 is it a good arguement in court that im available and he isn’t?
I know a lot of states won’t allow the argument that one parent works and has to take a child to a sitter and the other parent doesn’t. I went through this same argument with my ex husband. I worked full time, and he didn’t. The judge said that it wasn’t admissible into court as long as I had a safe place for my son to be while I was at work. The judge then ordered that he had to watch my son when I was at work, so I wouldn’t have to pay a babysitter. Even if you don’t get full custody, you can probably get to have your child whenever your ex is working or away from home for an extended period of time-ours was two hours. The fact that he is a corrections officer doesn’t really help him. The judge is going to look at your charecter more than your job, unless your job is illegal. My husband is a truck driver, and his ex is a stay at home mom, and we still won full custody of his three girls. Come on, most truck drivers have a really bad rep of being vulgar jerks, but it didn’t seem to matter. If he is calling the police and claiming you are refusing to return your child when ordered, have the visitation drop off changed to the police station. There is always someone there, and they make great wittnesses to pick ups and drop offs. That is what we had to do. My husband’s ex kept bringing the kids home two and three hours late, but as soon as we moved pick up and drop offs to the police station it changed. Evey time you drop your child off with him, they can give you documentation that you were on time and the child was in good health, ect. Also, keep a copy of your custody arrangement handy. That way when he says you’re breaking it, you can pull it out and show you are following all of the guidelines it gives. If you can record every conversation you have with him. If you can’t record them, keep a journal and write down everything he says and does around you. If you keep it up all the time, not just sometimes, it is admissable in court, and it will give the judge a good idea of the kinds of things he is saying and doing to you. Just keep on doing the best you can. It won’t be easy, but don’t despair. Let him keep being a jerk about everything. As long as you document EVERYTHING he will hang himself in court with his behavior. Good luck and God Bless:)
