WV custody sticky sitch!

[innovici]

West Virginia - My husband and I are desperate for advice regarding his four sons. His ex-wife and he finally had a parenting plan instated last january, but to date she has yet to follow any of the things she agree to, including paying child support, and because we live in one of those areas where ohio is "just across the river" and she lives in ohio while we reside in west virginia, it gets hairier. The original plan was for joint custody between the, he' since filed for full custody. She moved twice without notfying him, despite her nedng to do so 90 days prior to the move because she kidnapped the boys when the first seperated. She caused the six year old to repeat kindergarten after her first move after the plan was put into place because he missed too many days and she switched their schools the last nine weeks of classes and he couldn't catch up with the new school's curriculum. She pulled the five year old out of preschool and refuses to enroll him into the only school he can go to and has pulled him out of school a total of three times now after lying to us about having him on a preschool list (he was too old, needed to be in kindergarten). She's threatened me and my husband via text messages and was videoed hitting our van during a hissy fit at an exchange. She refuses to give us the medical card for the two boys she's responsible for, refuses to get them medical treatment they need (glasses and dentist specifically) and interferes with the medical treatment we provide for the two that we're responsible for (she's trying to pull them out of counseling despite there being sexual abuse allegations made by the youngest against my husband which he was found totally innocent of and the boy told everyone mommy made him say it), puts them into extracurriculars without our consent or approval despite the fact that she and her husband don't work while my husband does and I had to quit the college I was attending because of her. The boys cnsistently were coming home with bruises for six months before ohio children service would investigate due to the boys being wv residents. Even then ohio cps wouldn't investigate but the state pressed charges against her husband. She has called cps on us with outrageous allegations, managed to get a restraining order when the baby said that my husband was molesting him, and no one will protect the boys from her when I've taken them to the offices to show them the bruises that were put on the boys on their weeks. We have letters from the school were she was brought up on truancy charges, medical ecords from where the boys were being hit and they photographed the bruises, cps records were they investigated us and proved we were the great parents we are to the boys and where she had hurt the boys either physicaly or neglectfully. We've had the house brken into, been followed from exchanges and so on...and now she's saying despite the fact that we have written permission from the buisness that exchanges must take place at to do so that we are illegally videotaping her because we don't have her permission, but she never appears on video and she has been toldwe video every drop off after sh broke the handle on our van. Idk how to deal with this insane so and so and now she's lawyered up while we can't afford it since we provide for the boys both at our home and at hers. What is the best way thta we can help the boys and what are the videos submittable since we have the permission from the business and only her voice has ever been on the videos? We're trying to get a lawyer currently but the case is already being started. And I am curious, at the emergency hearing everythign was supposed to stay to the original parenting plan because th judge didn't have time to read over all the evidence (there's 1500 pages of it against her and all involving school, doctors, and cps) but five days after the hearin, the judge assigned the guardian ad litem we requested. Now the guardian has requested that we write to her our issues, but I want her to actually talk to the boys to get their side of things and I thought that was what she would do?

[AFFA]

I wish to inform you that court considers best interest of child as main consideration. In this regard you may inform the guardian ad litem about the fact of boys education as well as bruises so that he may take necessary action. Guardian ad litem is generally appointed to represent the interest of the child and so he may ask the boys about their grievance.

AFF

[path]

Originally Posted by innovici West Virginia - My husband and I are desperate for advice regarding his four sons. His ex-wife and he finally had a parenting plan instated last january, but to date she has yet to follow any of the things she agree to, including paying child support, and because we live in one of those areas where ohio is "just across the river" and she lives in ohio while we reside in west virginia, it gets hairier. The original plan was for joint custody between the, he' since filed for full custody. She moved twice without notfying him, despite her nedng to do so 90 days prior to the move because she kidnapped the boys when the first seperated. She caused the six year old to repeat kindergarten after her first move after the plan was put into place because he missed too many days and she switched their schools the last nine weeks of classes and he couldn't catch up with the new school's curriculum. She pulled the five year old out of preschool and refuses to enroll him into the only school he can go to and has pulled him out of school a total of three times now after lying to us about having him on a preschool list (he was too old, needed to be in kindergarten). She's threatened me and my husband via text messages and was videoed hitting our van during a hissy fit at an exchange. She refuses to give us the medical card for the two boys she's responsible for, refuses to get them medical treatment they need (glasses and dentist specifically) and interferes with the medical treatment we provide for the two that we're responsible for (she's trying to pull them out of counseling despite there being sexual abuse allegations made by the youngest against my husband which he was found totally innocent of and the boy told everyone mommy made him say it), puts them into extracurriculars without our consent or approval despite the fact that she and her husband don't work while my husband does and I had to quit the college I was attending because of her. The boys cnsistently were coming home with bruises for six months before ohio children service would investigate due to the boys being wv residents. Even then ohio cps wouldn't investigate but the state pressed charges against her husband. She has called cps on us with outrageous allegations, managed to get a restraining order when the baby said that my husband was molesting him, and no one will protect the boys from her when I've taken them to the offices to show them the bruises that were put on the boys on their weeks. We have letters from the school were she was brought up on truancy charges, medical ecords from where the boys were being hit and they photographed the bruises, cps records were they investigated us and proved we were the great parents we are to the boys and where she had hurt the boys either physicaly or neglectfully. We've had the house brken into, been followed from exchanges and so on...and now she's saying despite the fact that we have written permission from the buisness that exchanges must take place at to do so that we are illegally videotaping her because we don't have her permission, but she never appears on video and she has been toldwe video every drop off after sh broke the handle on our van. Idk how to deal with this insane so and so and now she's lawyered up while we can't afford it since we provide for the boys both at our home and at hers. What is the best way thta we can help the boys and what are the videos submittable since we have the permission from the business and only her voice has ever been on the videos? We're trying to get a lawyer currently but the case is already being started. And I am curious, at the emergency hearing everythign was supposed to stay to the original parenting plan because th judge didn't have time to read over all the evidence (there's 1500 pages of it against her and all involving school, doctors, and cps) but five days after the hearin, the judge assigned the guardian ad litem we requested. Now the guardian has requested that we write to her our issues, but I want her to actually talk to the boys to get their side of things and I thought that was what she would do?

You need to get a lawyer.
Your story sounds a little similar to my own, my ex has "issues" and is out of state.
The court will "bump the court date back" for you a little while you obtain a lawyer. Most will start working for partial payment, and most will consult for free so get an attorney.
Good luck.

[Friend In Court]

For a modification of custody, you can file the petition yourself or apply to Legal Aid for help if you cannot afford a private lawyer. A suggestion I might make is to organize the grievances against her into either a chronological time frame or series of a type of incident -- with date and time she committed each of these acts. If your story is presented in the same run on matter as this post, the guardian ad litem or anyone else will have difficulty following it.

Gather up what physical evidence and witnesses you have and make sure the guardian ad litem gets this evidence and it is available to the court.