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2 Bumps

CPS and divorce?

I am going through a custody battle right now and have told my ex SEVERAL times that I want to file joint custody. The things that happened between us were not their fault. He is filing for sole custody to get back at me. He has told me that he filed it that way out of anger. He also lied in the divorce papers saying that he fears for his children and that I wont let him see the kids. He has our oldest right now, so the judge will see that as a lie. He has said he wants to talk about joint custody but will only do so in person (we live in a different state but are moving to the town were he is). BTW, I am engaged (no I didnt cheat, it just happened that way after I left him). Anyways, the baby was hospitalized recently for failure to thrive and a nosey angry neighbor found out and called CPS. Is this going to effect my custody battle? I have been recording everything he says, so I have it recorded him agreeing that I have never said that I wanted to take the kids from him and that he assumed, I also have him saying he filled it out like that in anger. Right after he said that he didnt feel he was lying in the papers. I have police reports against him, but his lawyer worded it to sound like those arent even accurate of what happened, and I am worried that I will loose my kids if he continues with sole custody. I am not on drugs, and not mental, and provide my children with roofs over their heads. But he is also a good parent, I would never lie on him like that. I even have a chance?

Answer Question

Asked by Anonymous at 3:55 PM on Dec. 28, 2010 in General Parenting

Answers (5)
  • yes you have a chance. what did cps decide? did they close your case or are the still investigating? Just be honest when you go to court and your best bet is to try and come to a agreement on costudy. good luck mommy

    Answer by Jaxsmommy09 at 3:59 PM on Dec. 28, 2010

  • anon be nice you know nothing about her or the situation.

    Answer by Jaxsmommy09 at 4:00 PM on Dec. 28, 2010

  • It is not going to help that you have a CPS case against you. FTT is something that almost always brings in a social worker. If you both are good parents than he most likely will not receive sole custody, you will get joint with the judge deciding who is the primary parent. Recordings don't really matter because you can't prove it is him without bringing in an expert and that costs money and then all he has to do is bring in an expert to say it is not him.

    Answer by matthewscandi at 4:03 PM on Dec. 28, 2010

  • yes you do.. the courts wont take away a child from their mother unless they have PROOF they are in danger... keep records of the talks yall have and the time and date and what he said to you.. it will help you in court.. like when he said he lied to get back at you.. record it...

    Answer by momof241988 at 4:05 PM on Dec. 28, 2010

  • Unless he can prove abuse by you against the kids you will most likely get joint custody. It is illegal to record conversations without the knowledge of both parties and inadmissible evidence, FYI. Keeping a record is one thing, making a recording is another.

    Answer by BluDog at 2:39 PM on Dec. 29, 2010

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