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I recently found out that my sons school filed a CPS report.

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I recently found out that my son's school filed a CPS report. Years ago, a gentleman who worked for CPS cleared me of false accusation made by my ex-husband. I fear that my ex- may have gotten my son's school to report me falsely or worse--that my ex-spouse has been hurting my son. I am in the process of obtaining the information on all reports about me or my son. My ex-has pulled me into court many times--asking for sole emergency custody based on the fact that I am on drugs, a drunk driver, beat my son, etc. I volunteered to be drug and alcohol tested--I passed. A false call in for a felony DUI--with the child in the car was made by my spouse. I was vitiated in BAC findings. Unfortunately, my spouse had stalked me that day and I had three glasses of wine. He still pulls out the breathalyzer number. He has turned friends, family, teachers, therapists against me. He beat me and I finally called the police twice. He was prosecuted once and cleared through lies.
Submitted: 4 years ago.
Category: Family Law
Expert:  Samuel II replied 4 years ago.

hi

 

thank you for that information. what is the question?

Customer: replied 4 years ago.

I have put my son in therapy for a year and a half but the therapist refuses to act as my advocate; I have had my son in tutoring for a year and the tutor isn't much help. A crooked custodial evalutor (we found evidence of sexism in other jobs he has performed) found against me years ago and I have little control over my son's life, although he is with me half the time. How to I regain all custodial control and prove--although a cursory look at the court record proves it--that I am being harassed?

 

The court record is at Maricopa County AZ family courts and under the name of Jeanne Fairbanks.

Expert:  Samuel II replied 4 years ago.

hi

 

i need to opt out. another expert will be with you and assist. thank you

Customer: replied 4 years ago.
Thanks. You are not the first. I am dealing with a Bosnian man. He is ruthless and persistent.
Customer: replied 4 years ago.

I doubt anyone can help me. This guy has no real life and a very easy job pushing TVs around. He is very convincing. His life is setting me up. He follows me with a video camera.

 

I have my fiance to back me up; my work is good; some of my students adore me and I get good evals. I have an old friend who has known my son and me since kindergarten and will testify about the stalking and my bruises.

 

 

Other friends and neighbors know my plight but are terrified. One neighbor wrote a letter about the stalking for the court and a few weeks later she died when her townhouse burned down.

 

The real issue is money. I have lost a house and a car and gone bankrupt.

 

If I had a lot of money I could prove it all in court.

Expert:  Attorney & Mediator replied 4 years ago.
I see the other expert has opted out, I will assist you.

To change an existing custody order, there needs to be evidence of a change in circumstances. This means there needs to be evidence showing that the current environment of the child is a detriment (placing the child in a risk of harm, neglect or abuse). Without evidence of a change in circumstances the court will not change an existing custody order.

You don't make reference of any changes in circumstances to warrant a change in custody. You state the child is with you half of the time, if this is different than what was ordered it is possible to request a modification of the current custody order, but it does not mean you will be given sole custody if there is no evidence of detriment to the child's well-being.

As to the evaluator it is possible to file a complaint, but you would need to show the evaluator failed to comply with the evaluation process, which may mean hiring an independent evaluator (outside of the court system) to agree with you. All of this costs money and takes time, but this is the process to undertake.

As to the harassment issue, harassment is considered conduct that has no legitimate interests. You would need to prove that he used the legal system for no good reason but to harass you. In general, legal claims unless you can prove they were without merit is considered a legitimate reason.





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Attorney & Mediator, Lawyer
Category: Family Law
Satisfied Customers: 20012
Experience: Attorney & Certified Mediator
Attorney & Mediator and 8 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.
I think that all is possible. A man who spends so much time stalking and hurting me cannot be much of a dad. He lives in a hovel; we have twice the income; as much as he tried to ruin me I am marrying a high tax bracket man. The school is discriminating against me. It seems that others could see what I am saying. I just need a lot more money to spend on a court deal. Or, am I dreaming?
Expert:  Attorney & Mediator replied 4 years ago.
You would need money to spend on this to establish what I discussed in my prior answer. Most importantly custody cases are based on issues relevant to the best interests/welfare of the child, not issues involving conflict with the parent. So the main focus to change a custody case would be what evidence is there that he is a bad parent to the child? Has the child's behavior changed, been placed in a detriment, neglect as a result of the father's conduct.




_______________________________________________

Please Note: My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Legal Disclaimer. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.

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