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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
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Experience:  Attorney & Certified Mediator
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HELP!! His x wife will not stop harassing us drive by with ...

Customer Question

HELP!! His x wife will not stop harassing us drive by with the kids - making the kids say they hate us -- and no one can prove it - other than the few phone calls we have recorded that doesnt say the really bad stuff -- she knows when to run her mouth and when not to-- HELP we are going to court again and want all this stopped -- I am a nurse we have two children living with us and his two are with her-- she is being investigated but what do we do to stop all this -- it is hurting all of us --and the things she says it awful --help us what should we do
Submitted: 6 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 6 years ago.
1) "with the kids", do you mean your husband's kids are saying they hate you and him?

2) "being investigated"? You mean criminally or in a child custody case?

3) Are you just asking to stop the harassment or are you thinking about changing custody?, please clarify and I will try to assist.

Thanks.
Customer: replied 6 years ago.
Reply to LawNinvest's Post: The kids means that she has thier kids with her when she is doing all this -- it is all in front of them and she has them say it -- she will say tell mam and pap you hate them - and they say it --
the state -- we let the state know alot of sexual things that the kids (his kids) are saying when they are with us -- we understand that they (the state) is going to the school and visiting with the kids
well we just want it to stop - we want to be able to pick up the kids and not deal with all the drama she has tried to get two domestics on him already -- and believe me he doesnt even give her the time of day -- he stays so calm so she cant get him for anything --but it is very hard for a dad to get custody - in this state -- so we will do what ever we can -- but if we could get them -- that would be great
I hope you can help me really!!
Expert:  Attorney & Mediator replied 6 years ago.
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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Customer: replied 6 years ago.
We have done all of this -- the judge we have on the seat seems to be blind -- he has caught her not telling the truth when she pulled the domestic and he did nothing to her- we won - but still -- and we have all kinds of evidence some worth listening to and some could be pushed aside -- the problem we have is getting someone to look at him (my husband -thier father) as the one that is taking all the abuse and her giving it -- I will put it this way - the judge even though we had witnesses to what the domestic was saying was a lie - he still went off record and told my husband he beleived that he said those things to her - how do you deal with this kind of stuff -- what route --
Just one more time and I will leave you alone -- I think now you see why I am at the end of my rope -- we go back to court now the 13th cause we did the restraining order - and then back to court the 2nd for a bunch of her lies --
Expert:  Attorney & Mediator replied 6 years ago.
Unfortunately I cannot offer any other avenues, since you say you have covered all of this. Since I have not been helpful, please do not accept my answer. I will be opting out of this question to see if any other expert who may have other suggestions can jump in.

All the best.

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