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Do We Have a Case?

Onewhitetree's picture
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My husband wants to go for full custody. The BM is also going for full custody. This is all due to a dispute. I will go into detail about the dispute here after a bit.
Do we have a case?
-I have kept a journal for 2 years now detailing communication and happenings with the BM and my SS.
-She goes to work 6 days a week from 7/9am - 9/11pm (the company opens at 10 and closes at 8.) at which point she leaves my SS with me and my husband or with his grandparents (her side and his side)
-The grand parents on her side smoke weed, drink, smoke cigs, and the grandmother is on all kinds of meds.
- The grandparents on his side do not bother to put him in a car seat, and BM does not bother to make sure he has one. I lost my shit on them the last time they took him without one and I told BM and she did not care. I have that all in text messages.
-She drove drunk from quinceneara with her older son in the car. I have witnesses to this.
-Her brother is an ex-con, and my SS came to our house for the weekend and told us that his uncle was going to take him to a titty bar. He's 3. Later that day I went to grab something in the kitchen and it got very quiet so I peaked at the kids. My SS was feeling of my 10 month old daughters chest. When he saw that I noticed he acted like he was doing something wrong. He asked if he was going to get grounded and I said no. I asked what he was doing and he said he was touching her. I asked where and he pointed to her chest. I asked why he said he didn't know. I said ok. I told her about all of it and let her know that I know he is just 3 and I know it was in no way sexual, and the only reason that it concerns me is because of what people in her house might be teaching him, because this happened soon after him telling us about to titty bar situation. I told her that if I ever saw him doing something else, escalating, or if anything got weird that he wouldn't be able to be around my daughter anymore. But that I know it isn't to that point currently, and that the only thing I'm worried about is what effect other people are having on him and why. She flipped her shit on me saying that he was going to deny visitation for my husband because I said that "he isn't allowed at my house anymore." I never said that. Ever.
-her older son told us that he drank a beer with this same uncle. He is 10 and she didn't care.
-she has wrecked 5 cars in 3 years.
-She brings him around her brothers and they are drug users.

Onewhitetree's picture

Yes

Glassslipper's picture

I agree with everyone so far, its all "he said/she said" situations. You can't prove any of it.
If BM had a ticket from "She drove drunk from quinceneara with her older son in the car" then you might have one scrap of evidence, but currently you have evidence of crappy parenting.
If this was brought to a custody dispute in my state, you would have a no change order and BM might be required to take a parenting class IF the judge felt you were being honest with your allegations. nothing more.

hereiam's picture

Lawyers love these situations, they make a bundle.

Do you have a case that will get your DH full custody? Probably not. Will a money hungry lawyer tell you that you do? Probably.

Onewhitetree's picture

So would it be best to just let her attempt to file for full custody so that she can get shot down since she has no proof of any wrong doing on our part, and what she does have only makes her look bad?

hunibuniboo1001's picture

She will get custody or if your lucky shared custody. My partner was in the same situation and got shared custody even though the mother used to abuse the children and overdosed his youngest on his medicine the judge still sided with the mother.