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My current girlfriend has joint legal/physical custody of her

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5 year old autistic son...
My current girlfriend has joint legal/physical custody of her 5 year old autistic son with her ex husband

1) ex-husband is harrassing ex wife constantly with text messages about scratches and bruises he allegedly finds on son's body when he picks him up. We are certain there was nothing on his body. How can we put a stop to this harrassment?
2) Ex husband called CPS on her alleging bruises, scratches, smoke and alcohol smells on his son. Case was dismissed as unfounded. But with constant texts about alleged bruises, etc, how can we protect ourselves from abusive "anonymous" CPS intrustions?
3) Speaking of CPS, the son is TERRIFIED of his father. He cries and screams and says "no daddy" all the time. When we drop him off at his dad's he panics and try to lock the car door. He is autistic. Is this something CPS can look into? WHen he sees his dad he holds it in but looks at his mom for help.
4) Is it legally bad to ask ex to contact me for anything about son and stop contacting my gf?
Submitted: 8 years ago.Category: Family Law
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Answered in 4 minutes by:
9/1/2009
Family Lawyer: legaleagle, Lawyer replied 8 years ago
legaleagle
legaleagle, Lawyer
Category: Family Law
Satisfied Customers: 13,441
Experience: Practicing attorney for 10 years
Verified
1. She can get a protective order to stop the harassing text messages but since he is not threatening her life it may be difficult for her to get the conty to do it, she would need a private attorney.

2. There is no way to stop the CPS calls. You can sue him for slander if you prove he is the one making the calls and lieing and he can be arrested for fileing false reports if CPS feels he is abusing the system.

3. It would be better not to call CPS but rather hire a counsler/phsychatrist to evaluate the emotional harm the father is causing on the child and then petition the court to end visitation or only allow minimal supervised visits since it would be in his best interest not to be left alone with his father.

4. It is not illegal or wrong to ask the father to only communicate with you but if he does not agree he has the legal right to contact the mother, as long as it is not harassment.
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Customer reply replied 8 years ago

1) But isn't it her legal right to be spoken to respecftully at all times? He was even making fun of her for being a "bad mother" when she was at school to get her sons papers taken care of.

 

2) How can we prove he is the one if he calls anonymously? At what point would CPS arrest someone for making too many false reports?

 

3) How could the counselor/phyciatrist determine that though if the father is lying and not cooperating?

 

4) What is legally defined as "harrassment"? Is texting to literally ask about a SCRATCH on his kids body considered harrassment? Is speaking in a disrespectful, commanding tone harrassment? I AM her new fiance and I do feel emasculated by all this since there is nothing I can do without breaking the law, apparently.

Family Lawyer: legaleagle, Lawyer replied 8 years ago
1. no there is no legal right to be respected. That is not protected under freedom of speech. So the county will not do anything for her but she can hire a private attorney to see an order to prevent him from calling.

2. You will not be able to prove this unless it is obvious like only he could have known the information that was given. If CPS knows it was him it is up to them when they get fed up but usually 3 false alarms and they start to get suspicious.

3. It is the child that would have to show or tell the counselor what is happening. She/he does not need to interview the father.

4. Harassment is doing something over and over after being asked not to with the intent to intimate or annoy the person being harassed. Texting to ask about a scratch is not harassment by itself. Speaking disrepectfully is not harassment.
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Customer reply replied 8 years ago

Last question and I will accept:

 

Parents had a deal that mother will get child enrolled in school, father went behind her back and enrolled him, and now she can't unenroll him without his disenrolling him.

 

The school she wants to move her son to has a higher OFFICIAL API Score for 2008 (7 out of 10 as opposed to 5 for dad's school), has fewer disabled children (Autism, etc, which her son needs, so persumably he will get better attention), and in his dad's school, grades K-2nd grade are combined in one class, but in her school she wants, its kindergarden only.

 

Can we go to court over this and do we have a chance to change his school?

Family Lawyer: legaleagle, Lawyer replied 8 years ago
If there was no court order as to who had legal custody to decide on the enrollment of school, she will have to go to court to get a ruling on who should have this decision making right. It sounds like her school is in the best interest of the child and a court would side with her over the father.
legaleagle
legaleagle, Lawyer
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