Attempts to Use False Claims To Modify Custody

                                                                                                                           11-7-2014




Well, my harassment letter set off the other parent and they filed for a change of custody. The change of custody was filed with the courts by a new lawyer for the other parent. The reasons for the change of custody are all false and unfounded.  The claims are use of dirty tactics to try and reverse a supervised parenting contract. I was actually surprised a lawyer would take a case when the other parent is involved in harassing behavior, but the lawyer must not be aware.

My first paragraph was written prior to obtaining my own representation. I have chosen to go with the lawyer that handled my case the last time around. My lawyer advised me that it sounds like they are just throwing darts trying to hit something. Still, there is the possibility this other parent will obtain more time and that time will be potentially unsupervised. My son has serious issues that emanated from living with the other family and to put him back for extended periods unsupervised is just plain crazy, but I guess a real possibility.


I am presenting my harassment information to my lawyer. My hope is that I have a case against the other parent for their harassing behaviors. I am unclear what consequences the other parent will face, but their bad behavior can't continue to go unchecked. Besides, the harassing behavior hasn't stopped even after the letter and the initiating of this court proceeding by the other parent.


A lot of my hopes are riding on that DHS wrote in their notes the danger of unsupervised visits for the other family as they closed the case. As DHS was closing the case, they advised me that the visits were unhealthy and they said the visits should be professionally supervised, but I asked for a letter stating that and they wouldn't produce it. I was told the reason for not giving me the letter was that the DHS supervisor doesn't like employees getting pulled into court battles and works to keep the workers out of the courts. Still, the closing documents might contain statements from the worker acknowledging the family is still volatile and the youngest child is best not being placed back with the other family for safety reasons. Besides,  DHS can be called into to court regardless to attest to the different issues involving this other family.

To further help my case, I have obtained for myself letters from medical staff that sees my son to prove that I am a safe and stable parent helping to provide the best care for my son. Letters from professionals can help to show that you are following the advice of those professionals and providing the best care for your child.


Overall, I can't say I like going through the legal system. The legal system takes up time and money and sometimes courts don't solve the problem. I don't believe the other parent and I can ever work out an amicable solution because we stand at opposite ends of the issue. My goal is to protect my son and if the other parent is unstable and could put our son in harm's way, I feel it is my duty to defend my son. I will post on how things are going as the information becomes available.