Good Morning! My...
Good Morning! My husband and I need help with child custody - his children.
Lawyer's Assistant: Who currently has legal custody?
Shared, she is about 65%, he is 30%. Her mother is a District Judge in our county. She has an open pending investigation for domestic assault/attempted murder against my husband. She is using baseless claims in an attempt to get full custody. There are many details. Our court date is May 9th. We need help.
Lawyer's Assistant: When did this happen exactly? Have the police been involved?
Yes. On January 6th, 2020 after he had met her to have a discussion about divorce proceedings, I found him unconscious in his living room. With the help of a friend, we took him to the ER and they found he had benzodiazepines in his system. She had brought a homemade baked good as a "peace offering" that night while they chatted. They were there alone. He has never had a script for this medication. He left the ER and filed a police report. Because of her mother's position, a state level investigation was opened and is being handled by States Attorney's in Barnes County, ND. Due to her mother's position, however, and suspicious circumstances of the investigation, the investigator is requesting with his supervisor that it's moved to the Attorney General's office.
Lawyer's Assistant: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
We received a court summons on Saturday. She is claiming my husband is in contempt and we are neglectful parents. She is asking that my husband go through a physical and psychological evaluation and while that takes place, we have supervised visits only. I have two girls as well, and I have shared 50/50 custody with their Dad. We have an incredible coparenting relationship and he is willing to be a court witness for us to attest to our parenting and David's character, and the love our girls have for him. This will take place in Fargo, ND, but we are seeking counsel outside of ND because of the concern for bias due to her mother. At his divorce hearing, she was there as the mother to her daughter, but was the one who went to the backroom to turn the recorder on. Actions like this raise a red flag that we cannot get fair representation in our area, possible our state. They have a lot of money as well. We do not. She currently lives in her parent's home with the children. There is also another adult son, 30ish, that lives in their basement. This is a family pattern of dependency. We have MANY people that are willing to attest to our character and our parenting, and stand behind us. Her claims are baseless, exaggerated, and taken out of context to present her in a positive light. We also have much documentation to counter every accusation she is making. We have no idea how this process works, what is going to happen, or how to even start. We need someone to help us. Our blended family is incredible, supportive, and our children get along amazingly, and there is much we can provide to back that up. We have also learned that ND is mother centric state when it comes to custody, and with that already against us, adding the factor of her mother's position, we don't have a chance without help.
Chat is completed