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what do I do to prove mine and my husband is innocent?

My husband has a nine year old son from his second wife. We have a four year old toghether. Well, anyways. my husbands ex wife has filed a Domestic violence cases against us. We were told that we were to have hit, choked and threaten to kill the nine year old. The ex wife has done this before when me and my husband first got together and the court threw it out. The first time was because my husband didn't dump me to get back with her. Now we have to go to court two days after christmas!
We have never hit our kids. We have grounded them and taken games away or time out but never hit or threatened violence.
We had a man from child pertective services come out and told us what was said.... the mothers claims were that we hit, choked and threatrnd to kill the boy and the boys claim was that I told him that he wasn't to have pumpkin pie on thanksging (by the way the only reason Imake pumpkin pie on the holidays was for him) and the only way he will come back to our house is if we get him a dog!
I'm afraid that if she wins this they will end up taking my four year old away from me. The worst part is that we can't aford an attorney because of christmas and my husband switching jobs.....Help! any advice will help.

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Asked by Mommi_of_skylor at 12:51 PM on Dec. 17, 2010 in Kids' Health

Level 2 (5 Credits)
Answers (18)
  • If that is the worst that the nine year old can come up with then you are fine. They will ask him what happened.

    Answer by Misteh at 12:53 PM on Dec. 17, 2010

  • Get on the ball and find a pro bono attorney as soon as possible. Google 'legal aid + your state and county'. If your income falls in their guidelines, you can get legal services for free, or super cheap. So sorry to hear your family has to deal with this, especially during the holidays. How rotten of that mother. I'm sure she's planting idea's in that boy's head too. She needs a psych evaluation.

    Answer by Nanixh at 12:57 PM on Dec. 17, 2010

  • What a bitch. She will get hers, Karma will see to that.

    I hope it works out well for you guys.

    Answer by SpiritedWitch at 1:00 PM on Dec. 17, 2010

  • thanks, I've gotten my family members to go with us to court and I hope that it will work out in favor....HOPING

    Comment by Mommi_of_skylor (original poster) at 1:05 PM on Dec. 17, 2010

  • Protective services should be able to get a professional to interview your stepson and find out the truth.

    Answer by sweet29mom at 1:10 PM on Dec. 17, 2010

  • I know it can be scary but I wouldn't worry too much about it. If what you are saying are all the facts then it sounds like the boy is trying to manipulate you to get what he wants and the mom seems to be one of those moms that wants to make her ex and you miserable and to be hurtful. We also went through something similar SD and her mom would threaten us everytime SD didn't get her way, say they were going to court for abuse. It was ridiculous and the judges can see right threw this. It sounds like you should probably get some family counseling too, it may help the situation. At the very least, if this comes up again you can have the counselor with their records and what they believe is going on. Sorry you are going through this, I just don't know what is wrong with some moms.

    Answer by Anonymous at 1:17 PM on Dec. 17, 2010

  • Thank you so much. the last time we went to court the judge to the mother to sit down and shut up or he will remove her for the court room because when my husband was on stand she was cussing him. I feel sorry for her more than anything for the fact that if she has to make false claims to make people miserable than she must not be happy in her own skin!

    Comment by Mommi_of_skylor (original poster) at 1:28 PM on Dec. 17, 2010

  • First contact legal aid in your area or start looking for someone to represent you pro bono! Then, talk to them at DCS find out exactly what the accusations are, who they were made by, and what you can expect at court.

    Answer by mommy11260 at 2:03 PM on Dec. 17, 2010

  • Chocking him really??? I think he (or mom) should be grounded off the Simpsons. Quote the Homer "I'm gonna kill you boy!" It is in every single version of the opening of The Simpsons. How original. Point that out to the judge.

    Answer by LoveMyDog at 2:08 PM on Dec. 17, 2010

  • My husband ex wife did the same to us 3 time with CPS, the third time they called we just did a phone interview because they were tired of it to. My husband and I also have two children together and they were never brought up. Try not to worry about it and have a good Christmas. Good luck!!!

    Answer by aheuszel at 2:31 PM on Dec. 17, 2010

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