Can BM do what she is doing?
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My husband has not gotten his son for 2 consecutive visits now, we found out that his mom called DCS on his dad saying he has an alcohol problem (which is definitely not true) and they came out and question him, myself, and our 3 year old daughter! We also have a 3 month old daughter too. But my question is if there's a court order in place saying she is suppose to have him here on those days and she failed to do so she is in contempt, right?? We have let our attorney know this and are waiting to see our options. Will DCS tell her that she doesn't have to bring him for some reason or what? Has anyone had experience with this? Thank you!
Are you saying that your
Are you saying that your husband is the one that was being investigated byt DCS?
If so, I guess it's possible that she might be granted some leeway in allowing visitation while an investigation was happening.
If it is your husband's father.. not sure why that would be relevant.
Yeah, we both were questioned
Yeah, we both were questioned about it last week. We told them about all her problems and the behavioral problems with the child and I think they saw where the problem lies. I'm not sure if they went and spoke with either BM or her son.
If the CO says that she is to
If the CO says that she is to drop SS off and she doesn't do it, she may be in contempt of the order, but that determination will have to be made by the judge.
That said, if BM has filed a concern with DCFS and they told her not to send the child to dad, the judge is unlikely to find her in contempt of the order. Even if they didn't tell her not to send the child, the judge may not find her in contempt because of the concern. If DCFS closes the complaint and she still doesn't comply, the judge will be more likely to find her in contempt. Or if DCFS makes an observation that the complaint was made to antagonize or harass your DH, that might help, too.
Is the case still open?
Is the case still open?
As far as I know. They are
As far as I know. They are suppose to communicate with our attorney about it further
If the child services case is
If the child services case is still open, and they have not yet gave the green light, BM likely won't have to send the child until it's completed, closed and marked unfounded. An active case, having the child not come would be for both child's and your home's safety. I assume they found nothing since they are not concerned about leaving the other children in your home, but until their case is closed, BM may have the upper hand.
Dept. of Children Services will trump Dad's CO. The CO is a parenting agreement between Dad and Mom. Children Services is a state government agency . If they say 'no visit' , no visit it is until cleared.
Such crap when false reports get turned in by a parent against the other parent. If she's pulled this now once, she may again. Watch yourself. Don't be alone with the child. She gets angry at you, she may next say you abused the kiddo.
So, DCS is suppose to notify your lawyer? Is that when the investigation is completed or do you mean DH told them any additional contact about the case needs to go through DH's lawyer first?
We wanted all contact to go
We wanted all contact to go through our lawyer just to be cautious. She is notorious for taking him to court for mickey mouse things in the past. She has never wanted him to be a part of the child's life, I guess she is getting her wish for a month. I hear that's how long they have to complete a case. We are taking her to court for more time, she will be served with those papers this week. She is going through a divorce and has moved with the child 4 different times within 6 months..
She hasn't let anyone know
She hasn't let anyone know she wouldn't be coming and our attorney made several calls to her and left messages and she never returned those calls
Lamar01 Assuming your dh is
Lamar01
Assuming your dh is not a drunk abusing the kids OR you, ok?
Please go back and read twoviewpoints post above yours.
Be very very careful when dealing with an x like your dh's. Nothing stops them to get what they want and usually it has to do with less and less overnights with non-custodial pushing child support UP to the max.
Twoviewpoints is not joking OR blowing smoke in the air.
Why is your lawyer calling BM directly. Doesn't she have her own counsel?
No she does not have a lawyer
No she does not have a lawyer for our case just for her divorce case.
Thanks Larmar for the
Thanks Larmar for the answer.
Pull your boot straps UP as HIGH as you can. Your in for an awful deep ride.
To answer your question YES BM can do what ever she wants "don't ya know".
Thank God you have a lawyer!!
Thank God you have a lawyer!! We have a high conflict BM as well. Has Called DCS on us multiple times (all unfounded). Called the cops with a report that the kids were not wearing seat belts (cops pulled up to DH's car at pick up). Called the cops for a well-child check because he took SD12s phone away so she could get her homework done.
Just keep doing what you are doing, eventually she will be exposed as her crazy self. Try reading the book, "Say Goodbye to Crazy, how to rid yourself of his Crazy ex for good" It's on Amazon. Very good pointers to communicating and disengaging from a Physco like this.
So aggravating she's a
So aggravating
she's a miserable person wanting to try to drag us all down
It is. Every day it's a new
It is. Every day it's a new development and we are going on 8 years of this! It's like a roller coaster of crazy
It really depends on your
It really depends on your state laws. I know in my state you stick to the current order no matter what. If child services deems a reason for it to be unsafe, they will make it well known that visits need to stop, and they should notify all parties involved. It is really confusing when child services is called, not many people really know what happens or what to expect. I would just stick to the order, unless a judge says otherwise, that determines what is supposed to happen. mtc
That would make the most
That would make the most sense. If they had told her if she felt he isn't safe in our home then to not bring him or whatever shouldn't DH be notified that he won't be seeing his son until this is all figured out? She is a piece of work for sure. Doing something like this is low, even for her
I suggest zero tolerance and
I suggest zero tolerance and to not wait. Call your attorney and nail her ass with a contempt motion for kidnapping the Skid. Let the Judge beat her ass in open court.
Have fun doing it. }:)