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Pearl avatar
Lawyer's, Assistant
Me and my ex-wife have two children together (9yr old daughter & 5 yr old son). In June/July 2020 she took me to court accusing me of being an abuser. Her accusations did not have any evidence and I was awarded the children's primary residence. We had joint custody but with primary residence with me. Every other week the kids were to visit their mother's from Friday 10am-Sunday 5pm. The kids are homeschooled. Between Sept 2020 - Feb 2022, she made petitions and motions to have that order changed. Each time her motions were dismissed because of lack of evidence. She made another petition and motion in the past few months. Again accusing that the kids are abused and mistreated under my care. The kids are homeschooled and she made allegations that their education isn't being take care of properly. Anyway there was trial set for Dec 29th 2022. I had everything prepared and all the evidences ready to show that everything she was saying was false and the kids themselves are happy with the set up that's been in place since Sept 2020. I was never given a chance to defend myself as the Defendant. I walked in...her attorney and my attorney talked about a attorney told me apparently the Judge was going to change things to 1 week with me and 1 week with their mom. So either I take that or the best that can happen is 2 weeks on and 2 weeks off. I was really confused where all this was coming from. My attorney never told me there would be offers made. Even when we spoke the night before, she did not tell me anything other than advise on how to be prepared for the trial. No trial occured. And I lost my days with my kids. On Thursday Dec 29, it was ordered that it will be "shared residence" for the children with 2 weeks with dad and 2 weeks with mom.
JA: Has a petition to modify custody been filed?
Customer: By who?
JA: What is the basis for the custody modification?
Customer: Mother of children alleged that kids are mistreated and not educated properly with me. But I though there would be trial and the burden of proof would be on her to prove why kids should lose primary residence with me. That did not happen
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: That is the overall situation, but ofcourse little details here and there can be mentioned later. But this is the main issue.
My divorce occurred back in 2010. Along with that information I would also like you to know that from 2010 untill 2020 my ex-wife,and I were co-parenting just fine. It wasn't untill my second divorce took place, while the world was going into global recession. That a new allegation was brought forth, claiming that the children were not going to be safe around me. I personally have never had any type of domestic charges, nor do I suffer from any type of mental deficiencies. But after 10 years without issues, it took my second wife congregating along with my first wife. To make a whole new set of claims, they both now claim to be scared for the childrens well being, as well as their own. At this point I'm not sure what I can do. I'm not even allowed to speak to my children. (Per their mother not the court) my two ex wives are now meeting together off and on throughout the year. Even meeting for no less than a week for Christmas. All the while I am still being pushed to the side, and kept away from them (all of my children). This is taking a toll on me to the fullest possiblity. I'm sorry to write so much, but Im truly hurting. I hope there's at least some sort of direction I could be pointed in. To help reconcile and rebuild the relationships that I love and miss having with my children. I know this has takin such a huge toll on my family. And has basically broken me to the core. I need my family back.
JA: What steps have you taken? Have you filed any papers in family court?
Customer: I have. But I seem to be up against the wall, once they both take the stand. Or at least that's how it has gone thus far.
JA: Family law varies by state. What state are you in?
Customer: Indiana, and Tennessee. My oldest 2 boys are 15 and 13. They live in Tennessee. My youngest 2 (boy 8 and my girl 6) live in Indiana.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Yes after the divorce with my first wife, I received full custody of my oldest 2 because of decisions she made that ultimately ended up with her being under Dr care in a mental facility for 3 weeks to a month.
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