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mmdesq, Family Law Attorney
Category: Family Law
Satisfied Customers: 518
Experience:  Attorney with 13 years experience.
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I divorced my ex husband 2 and a half years ago. He was

Customer Question

I divorced my ex husband 2 and a half years ago. He was abusive and hateful and I couldn't stand to see my son have to witness the Disfunction any longer. I was afraid of him so I packed a bag and left with my child and filed for a divorce the next day. During the divorce he was apologetic. Neither one of us had lawyers and I wanted to get it over with. He never provided for our child or me since the day he was born. I always took care of everything. So I was awarded child support but it wasn't taken out of his check. He paid a couple of times then completely stopped and I got tired of being harassed and threatened by him every time he didn't get his way. He uses drugs and has issues with substance abuse as well as his parents that he was living with off and on. So I stopped letting my son go over there because I didn't feel it was safe. My mom called cps and they warned them when they were coming and so they had time to get clean. My ex took the test but the grandparents didn't. Then cps closed the investigation. So then his parents paid his child support and then served me because he couldn't afford it. When we went to court I was in a separate room with the attorney. Him and the attorney threatened me and said they could make my life a lot harder if I didn't agree to what they said. So I was under the impression that the only thing changing would be adding an extra day on his weekends. So I agreed but knew I needed to get an attorney and take it to trial because I had paperwork from the abuse and police reports and 2 past restraining orders and that could help my case. So the judge told me I had 45 days to look over the paperwork to decide if I wanted to take it to trial. He told my exes attorney to make sure I got it. I never received it and my ex and his attorney threatened me with it for months. And over the summer my ex took my child for 6 weeks because they falsely put in things I didn't agree to and prevented me from taking it to trial. My attorney is saying there's nothing I can do. On top of that he gave my child his old phone 2 weeks ago. It has proof of drugs and incriminates him and his parents buying and selling. He hasnt said a word about it until he found out I had it and not my son so hes going to accuse me of stealing and searching without a warrant. Its my sons property and I have every right to monitor what my child has. Is there anything I can do to help my case? Im tired of my son being abused by his dad and his nightmares and peeing his pants and begging not to go over there. Its torture that hes putting us through so much when we already had to suffer from his abuse when we were married. I need help. My attorney isn't doing anything
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
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Customer: replied 1 year ago.
He picks him up from school and daycare without notifying me. He talks bad to me in front of my child. He takes him out of the area sometimes out of the state without notifying me. He won't let us talk when my son is with him. He brings my child around several different women. He dumps him off with the grandparents and they dont bathe him for days when hes there. Its straight up neglect. They let his older half sister abuse him and tell him he needs to toughen up because hes a boy.
Expert:  mmdesq replied 1 year ago.

Good Evening,

I am going to try to help answer your question.

I m sorry to hear you are having such a difficult time with your x. I would recommend that you file a petition to modify custody. I would request all adults that have contact with your son submit to a hair follicle test. I would also recommend requesting a guardian ad litem be appointed. A guardian ad litem is an attorney who represents your son not you , not father and not paternal grand parents. Courts give a lot of weight to the guardian because he or she represent the child. It is also the best way to get your child's say in front of the court. The Guardian ad litem can inspect each house, school, doctors, teachers, relatives, etc.

I would also file your petition as soon as possible to modify.

I hope this information is helpful and I wish you the best of luck.