Category : Custody

Some of you know my case where I have been fighting for my children’s custody for almost three years now. I have been awarded custody by four judges already but she has been manipulating the system with appeals and delays to continue to receive child support and control situations. In GA when she appeals the decision reverts to the original decision.

I am at the end of the fight since she only has one more appeal, the one she has already filed to the Supreme Court. My son turn 14 this Friday and he has already ask to move in with me by next Monday and live with me. She is very aware that her chances to gain custody for my daughter is practically zero and that it won’t be long before they are both living with me.

All of the sudden, a career woman that makes anywhere between 50 to 80K+ a year, is unemployed. She has no job and is supposedly searching for one or possibly start a company where she will not be making money until the company is profitable. Clearly she is trying to evade child support payments. Does anyone know what courts think about a situation like this? What can I do?

Also, my ex is making a carrier out of bad mouthing me. I have been called everything from wife beater, child beater, scam artist, etc, etc, and worst. I truly can care less what she says. The problem is that she has done this with two day cares, plus the friends we had in these day cares, plus three different soccer team parents for my son, and even teachers at our children’s schools. I have gone from people really liking me and enjoying spending time with me to being a hermit and isolated. I go see my son play soccer and sit with the visitor team. I have even been fussed out by a soccer parent of what I am doing to poor little ex.

I truly give a rats a$$ what they think even though four judges have heard the whole story and not one side, but it is absolutely not acceptable to put my son on a situation where friends are questioning his Father and if what they heard is true. To make it worst, she talks bad about me to other parents in front of my children.

Is there any way I can sew her for slander or anything similar (defamation of character?)?

She needs to be stopped. I don’t care about getting money. If i did get money I would just pay my legal fees and put the rest on my children’s college fund.

Any good suggestions?

First, you need to file an injucntion ordering her not to move the children from the state without the approval of the courts. Even if it is against the law in your state, or it says that she cannot move in the custody degree, the fact is that they will move anyway. Than, by the time you get into court to make a case for why she should return the children back to the state, they have settled in and the judge will not wish to disrupt that. With an injunction, if she does it anyway, you can go to court immediately to file for a change of custody.

Now, you shoudl knwo that the National Organization for Women is taking on these type of cases, to push them to the Supreme Court level. They argue that it is a violation of her right of freedom of movement. And as long as she has primary custody of the children, she has the legal equivilent of ownership of them. Both California and New York Supreme courts have ruled that mother cannot be prevent from moving, regardless of the relationship of the children with the father. They are now attempting that in Missouri. And I can tell you, they have a lot more money than you or any father’s group to fight it.

You have to do your best to make an argument for why they children need you, and that the step-father cannot replace you. You may want to file for full custody of them.

Now, this is what we do at the National Congress for Fathers & Children. We educate you on your rights and how to fight for them. Most especially, you have to learn to collect the evidence, and not rely on an attorney to do it for you. The main thing is you need to move on this right away. You can file the injunction, Pro Se. That will be your first step. I can gaurantee you will likely have to go for custody, so you need to be prepared for that possibility.

George McCasland