1) According to research of the West Virginia codes any repeated contact that is used to harass or threaten is considered harassment, a crime which you can press charges. You can review the statute on this here.
In addition because of the harassment you would be able to get a restraining order
to limit any contact with her. So that if she were to do this again, she can get arrested for violating the restraining order. You would need to speak with the police about getting the restraining order packet. You can request limited contact to deal with issues of custody. If both of you have been directly harassed each of you can seek a restraining order against her.
2) As to custody, anytime the best interests of the children are being affected by one parent, the other parent can request a modification review hearing. Since you were a witness to what the mother
is teaching them to say you can testify on behalf of the father and you can present evidence of the phone conversations she has left if they deal with the children and are relevant. In addition the court can order the children evaluated to see how the mother has affected them. If the children are about 12 and up they can also be asked to speak with the judge. This would take a modification review hearing.
So these are the options the father needs to take action on. Otherwise, she gets away by continuing such behavior.
If she is being investigated on these issues, that investigation would also help his case for custody.
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