Defending myself

I wrote a post on here a few days ago about how my son's father's ex wife filed a false cps report against me and requested supervised visitation without me present. They went to court and it was adjourned due to my son's father needing to get a court appointed attorney. My question is do I have any rights to defend myself when they go back to court or no because it's a custody issue between the two of them. I don't like that my name is included in this whole thing and is in the court systems. I feel like I got dragged into whatever issues that they have and this child made up lies about me and I would like to be able to tell my side of the story.

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I honestly don't know the answer to that.

You could write up your situation and post to the ask an attorney section. It's 10 dollars.

I don't understand why or how the ex-wife is involved and how she was able to file and request supervised visitation for a child that is not hers.

Your post is very confusing. Perhaps you could lay out the players in more laymen terms?

Sorry if it was confusing...my son's father and his ex wife have a child together and the child comes here on saturday night until sunday night. The child went and told his mother a bunch of made up crap because I told him not to do something and it pissed him off. The mother then went and made a cps report stating that I verbally abuse her child and that I am not allowed to have any contact with him. All the things the kid said were untrue and now my name is being dragged into the court systems and cps and whatever else. So what I was asking was do I have any rights to state my side of the story when they go back to court. It was adjourned on oct 2 until the 19th because the mother got a court appointed attorney and the judge then told my son's father to do the same.

How unfortunate the child's mother didn't act more responsibly by hearing all sides of the story before taking such drastic action.

Your husband should seek the counsel of an attorney, but it does not have to be a court appointed one. Sometimes we get what we pay for, and court appointed attorney's get paid either way the case turns out, so it's not incentive for them to really fight for the clients that are passed to them.

You will, if you were named, have a chance to testify, as you are the one being accused and the law states we all have the right to due process. It's the plaintiff's burden to prove her accusations, and stating a child said something is not proof. Children lie and make up stories all the time, and very rarely are they viable witnesses whose testimony is seriously taken into consideration, especially involving split parents and new step-parents.

Personally, I would hire my own attorney and make this woman own up to her actions and accusations by slapping her with a slander lawsuit, and filing a false report. This woman has absolutely no proof whatsoever that anything her son has said is even remotely true. She's simply taking his word at face value.

I would advise you too, to speak to an attorney regarding this matter. Good luck to you.

Thanks for your advice. I appreciate it very much and I'm going to find a lawyer. As a mother myself, if my son came home and told me something I would call his father and address the situation the right way. I don't understand how anyone could just go and call cps and start court drama over something so ridiculous. The child has behavioral issues and doesn't like being told what to do at all. Every time someone says no to him he freaks out and bites himself or starts to slam his head against walls. This whole thing started because he was doing something that potentially was going to hurt my 18 month old son and I asked him to stop. He then went and called his mother and asked to go home. I feel like this child made up all these vicious lies when I've gone out of my way for him way more then I ever needed to and now I look like this monster.

I am in the same situation as you. except I havent seen my husbands son in over 2 years now. His ex when she was working would have have her son saty at our house all weekend and during the week. No problems. Well she quit her job and and she decided that she didnt want him to be around me. He came over for the weekend one time and I asked him if he had his back apck and he said my mom calls it an overnight bag and I said yes it can be but did you ever use it as a back pack and showed him how to do it. Well he went home and told him mother that I didnt go along with what she called the back pack and all hell broke loose, then when ever she would come over to get him I went in my room I have no use for her. she isnt there for me she is there to pick up her child so he tild her that and she made a big deal out of that. she put the child in counselling the minute SHE filed for divorce, it was detrmimental to his helath. Well right after the divorce was final the child never went back to counselling and she went to court and told them she did not want me to have any contact at all. i went to court to defend myself and her and her attorney fought tooth and nail to keep me off that stand and they won. and i havent seen the child since. I think it is beeter htough. he is going to be 13 and he is a manipulator and a liar just like his mother. She has brain washed him and alientated him so terribly it isnt funny. She made him lie to the guardian adliteme before court. she threatened to beat me up and then lied to her son and told her son i wanted to beat her up. She is a very sick individual and belive me when I tell you the courts dont care. All they care about is the mother. and what she says. i lived it. Well its like that in the state of Ct town of New Haven. Good luck