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Divorce Advice for Men | Fathers Rights Divorce | Child Custody

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Question:

I know this is long and feel free to edit to post if necessary. Also, please forgive the appearance of my venting but I am attempting to get all of the information and my urgency across to you before posing my questions. Here are the facts: -I have 2 sons with ex, 5 & 7 and pay $438/mo CS -I'm in new relationship with 1 child and another on the way. We provide a very happy and stable home life. -Currently, my ex has custody of our sons -She receives on welfare and child support -She does not have a primary residence but moves from one family member's or friend's home to another with the children -ALL of her friends and family (this is no exaggeration) are deeply involved in drug use, sales and manufacturing (meth) -She and her boyfriend are heavy drinkers and drug users - -She and the children are currently living with her boyfriend's parents except when he is not in jail for non-compliance regarding paying child support on his own children. Then, ex and the children either stay with her felon mother (meth charges) or a 'life long friend' who has actually spent 10 yrs in prison for meth use, sales and manufacturing -Her boyfriend physically abuses her in front of the boys and has STABBED her in the past. She admitted to the abuse in a prior ex parte hearing in which I lost because the children were "NOT IN IMMEDIATE DANGER" -All drug use and abuse by her, the boyfriend and all of her family and friends are well documented by local law enforcement -I have filed 2 Requests for Child Protective Orders that have been denied. The 1st was for neglect and the second was for physical and emotional abuse and a GAL was appointed who spoke to me and my ex for about 10 min. each immediately before the hearing. He never met nor attempted to speak with the children. Both requests were denied. By the way, she admitted on the stand and under oath to the domestic abuse between her and her boyfriend. -She continually take them to numerous physicians claiming this and that until she finds one that prescribes them medication. (The latest was for the oldest boy's depression or anger, depending on who she is talking to at the time, and he has been prescribed medication that I know several adults who can't take it because it gives them nightmares and hallucinations). He shows no signs of either depression or anger in my care. -The boys have reported that the boyfriend whips them with a belt on their bare bottom, smacks them in the head and ears, and scrubs soap in their eyes while the ex is not present. He has told them that he is going to kill me and feed me to the sharks. They are terrified of him. -The very next weekend, the 7 year old told us the his mom told him to tell us that he lied about everything -Ex has been made aware of these issues but has elected to defend the boyfriend and call the boys liars. -There is a recent order pendent lite for visitation -I have filed for custody, pro se, which is currently in discovery stage and have filed a Motion for custody Pendente Lite but considering amending this motion to fit the ever changing circumstances in my children's lives -Oh, did I mention that I was refused a pro bono attorney because her name was already in their (the only pro bona firm in the area) system from where they had apparently defended her on other charges in the past but they are now representing her in this case to KEEP MY CHILDREN HOMELESS AND IN AN ABUSIVE AND DRUG INFESTED ENVIRONMENT? -I make $9/hr, pay $438/mo CS, have a second family I also must provide for and work all of the overtime I can get (I wonder when the court will start giving her the majority of THAT, too). After my sons started telling me and my family about what has been going on, I told them that I would keep them safe and they didn't need to worry about telling me anything because I would protect them. I have called the police in 2 different jurisdictions, the county sheriff's dept, DFS, Child Abuse Hotline all with the same result: "If they don't have bruises, we can't do anything about it." Each agency stated that they can't even talk to the children unless my ex says they can. What, then, exactly is their function? This is a nightmare for me. I can only image what my sons are going through. She is now refusing to let me speak to them on the phone and told me that I can talk to them on my weekends. Phone conversation is addressed in the parenting plan under which we are currently operating until the hearing in Dec. I cannot afford an attorney and have been totally unsuccessful in finding one willing to take this case pro bono, or that would let me make payments over time without a $1,000-$10,000 retainer up front. I don't have it. I can't even find one willing to act as a legal coach while I do all of the leg work. My questions are: 1) Should I request the judge speak to the children or request another GAL? 2) Which point or points should I focus on most to prove her inability to care for my children? 3)How easy will it be to find an attorney willing to take the case against the judge, CPS, and multiple city and county law enforcement agencies when one or both of my children get seriously injured to due abuse, neglect or overdose before anyone would do anything about it, if at all? 4) Are there attorneys that take cases based on dire circumstances as opposed to the money factor?

Answer:

I am not licensed in Missouri. Laws do vary from state to state so consulting with an attorney in your state is important. Your focus should be the best interest of your children. That will be the focus of the court. You must show that it is in their best interest to be with you. Also, you need to prove a substantial change in circumstance since the court awarded custody to the mother. You need to point out the instability and drug use in mom's house. I would recommend asking for a GAL or in camera interview (Judge speaks with kids in chambers). This will normally be the only way to get the kids point of view before the court.

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