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DH, PAS, BM wants to take custody, and man is she up to something! Help?

Butterflykissesandlicks's picture

So, this CO hasn't been worth shit. Everytime DH wanted SD6 the psycho BM would always come up with some "event" on DH's time, of course. No matter how many times he has demanded that she stop interference, she will act as if she heard nothing. I mean, NO remorse. Now SD hates coming over because dearest mommy has put fear into her head that daddy is " dangerous." B.S.!!! He has fought and fought and fought and fought to do what he could. (The man actually has to work all week too.)

Now, BM has badmouthed both of us all over this lame town and has managed to worm her way into every local organization,playing poor "victim", even has retained an attorney who will do her "biddings" for free. (must be nice?)

So this idiot attorney sent DH a "proposed" parenting time share modification agreement for DH to sign saying that he will ONLY be allowed to see his SD.....ONLY if SD "wishes." Huh? Are you kidding me? Letting a 6 year old make adult choices????? Yes, it is in this new agreement!

I know this bitches game, she has poisoned this kid slowly so that dad will give in to his SD's wishes, (more like ex-wife's wishes) take his 50/50 parenting time split away, knock him down to 6 nights a month, then go for his wallet, AGAIN! He already pays C/S on a 50/50 split in the first place. All this bitch does is tell everyone how bad of a dad he is, leaving out the bashing and badmouthing parts of course to all she runs her mouth to.

I'm sure if he agreed to "sign" this new modification, it will go straight to CSE and he will probably be paying half of his gross income to C/S. I do not know what kind of max they can take either.

I don't think he should sign nor agree to jackshit. I'd make the two of them (BM and freebie attorney) PAY out the ass to take this to court if she wants it so bad. All of it. If DH foolishly signs this- they can get away with out having to take this to court and pay fees. As in, giving them a free trial...no.

We have tons of evidence also of her games. It would take me forever to list them.

What do you guys think?

Thanks again,

Butterflykissesandlicks's picture

BM did not even notify DH to what school she had enrolled SD in this year. He had to call to find out and no, it is not our school zone.
He can never get basic info out of BM either about SD6. Extra-curricular activities, friends, nothing. I've seen DH pull his hair out trying to fight her.

Butterflykissesandlicks's picture

Florida. The judges have done nothing for him but make him walk out with his tail between his legs.

How is this illegal? I thought these types of things were done through family court, NOT email transactions, right? Yes, that is how her attorney sent this absurd modification revision plan.

DH never wanted to loose his only child to this insanity- vendictivness. He LOVES his child and this is really hurting him bad. He has been getting screwed by her for 3 years now. It's awful.

Thanks!

aggravated1's picture

I am also in Florida. Do NOT agree to this.

If you have to, tell her attorney that you will go to court. It's not the best scenario, but if you cannot afford an attorney, go pro se' and have your DH defend himself.

All of the forms are online, we did it, and its not very hard. It's better than just signing everything over, and then it goes in front of a judge.

They will try to get you to mediate first, but you don't have to agree to anything. A judge will throw that "6 year old's wishes" right out the door. They are trying to steamroll your DH, and he WILL regret it if he signs.
You can also file contempt charges on her if you have the documentation. Put her on the defensive isntead of the offensive. Has her attorney even filed anything with the courts? If not, this is just an empty threat for now.

Butterflykissesandlicks's picture

You guys should see this. This is in the "proposal." :O

3 OF 5 ________Father _________Mother

(1) The Father shall share time with the minor child every other weekend only
if the minor child wishes to visit with the Father. On the Wednesday prior to a visitation
weekend, the Mother shall notify the Father via e-mail as to whether the minor child wishes to
visit.

(2) "Weekends" shall be defined as Friday afternoon through and including
overnight on Sunday.

stronggirl's picture

OMG that is the craziest thing I have ever heard...wow the fact that an attorney would actually put that in writing when what he should have done was have a come to Jesus meeting and tell her that her wishes are retarted!

skylarksms's picture

Our BM tried to use that old excuse, "But the skids didn't WANT to go." Yeah, they would rather hang out with the new puppy you temporarily adopted!

The judge said, "The kids don't want to go to school either, but I bet you MAKE them. Kids do not always want what is in their BEST INTEREST. They are KIDS. You are the ADULT!"

I sure wished they'd allow video cameras in the court hearings sometimes!

Butterflykissesandlicks's picture

Funny you say this. BM is now taking in animals..............and guess who is needed to help out?

Not to mention the gazillion other events she plans for SD6. God, we don't have that kind of time and DH now is saying, "How the hell can I compete with that?"

You don't. You show the kid what real life and normalcy is like and tell BM to shove her MOTY attitude to try to prove something that is false in the first place.

Butterflykissesandlicks's picture

Oh yeah. Taking something even like the above to court proves much as to how much bullying, threats, and yes, P.A.S. has been going on and why it is near impossible for him to visit his daughter.

BTW- Granting a 6 year old adult status towards seeing her dad???? Huh?

Like he can trust that shit.

stormabruin's picture

I say absolutely not! DH went through this with his kids. It was drawn out & when the kids reached 12 & 15 years old, the judge deemed them accountable to choose whether or not they wanted to participate in visitation. They've chosen not to.

I would encourage your DH to fight this. At 6 years old, the child shouldn't have the option to choose. BM was given chance after chance to allow him access & the judge simply continued giving her warnings.

The reason I say continue the effort is because ultimately, my DH's kids have been the ones to make the choice. They were old enough to be aware that he's made every effort to be in their lives. They were old enough to understand that the judge ruled in THEIR favor. They will never be able to say that my DH abandoned them or walked away from them. While I believe that at 12 & 15 years old they are not mentally capable of understanding the consequences of the choice they made, they are old enough to know that it's theirs to own.

My DH presented pro se when he went. With a lawyer, you may have better luck. BM built her case with her "fear" of my DH because he's an "angry" man. She wrote in SS's complaint that SS is "terrified of his father". My thing was, SS was 15 years old. If he's being held accountable for a decision as big as this, why was he not accountable for writing out his own complaint & expressing his own feelings???

I believe that in the end it will be in the best interest of his daughter & their relationship for him to make every effort he can make. No need to beg for anything, but she needs to know that she's worth the effort.

Your DH needs to go ahead & take it to court. Throw out BM's modification & if BM is interfering with your DH's time, he needs to go ahead & file for a date to have her held in contempt. Nip it in the bud.

aggravated1's picture

Good Lord. That will NEVER fly in court.

If you have to answer back, tell them you do not agree and this is not in the best interests of the child. You could also subtly suggest that you are VERY concerned about the parenting abilities of someone who leaves major life decisions to a 6 year old.

Her attorney must be a quack.

caregiver1127's picture

Do not sign it - take em to court!! A 6 year old can not make those kind of decisions my DD5 if offered a puppy every wednesday would stay with me and not go and see her dad to play with the puppy - hell if a pedophile offered my daughter a puppy she would gladly get in his car - young children can not be held accountable or make decisions when a piece of candy can sway them (we are not divorced but if this was our situation that is what I would do - I could even offer her a snickers and she would not go to see her dad and she loves her dad and we are married and in the same house but if I offered her a snickers to ignore her dad all night she would - she loves snickers - lol ) No judge is going to let a 6 year old decide if they want to see their father. Good luck and you are in my prayers Butterfly kisses!

Butterflykissesandlicks's picture

Thank you everyone for the great advice and encouragement!

I don't think this will flush at all. :jawdrop: