I have been divorced for two years. My ex-wife has primary custody of our son, and I have joint custody with every-other-weekend visitation rights along with certain holidays. My son has told me repeatedly over the last few years that his mother and grandparents have been saying "bad things" about me. Examples would be, "Your daddy does not really love you", "Your daddy is a liar", "You don't have to listen to your daddy", and the like. According to the Permanent Parenting Plan, my ex-wife is in contempt. Also, our son had to repeat 1ST grade and may also have to repeat 2ND grade. According to our Final Decree, I have to pay child support till he is 21 years old as long as he is in school. What really makes this sad is that my ex-wife has told me, "I am going to make sure you pay child support for a LONG time, even if it means dumbing down our son--just for spite." Correct me if I'm wrong, but I feel this classifies as child abuse. Additionally I have numerous police reports on my ex-wife for contempt of court for not showing up for scheduled visitation, and for scaring my son while vandalizing my house. Now, I have contacted the police, the Dept. of Family Services, and even attorneys--none will do anything and none will give me a definitive answer why. I usually get an answer that sounds like, "Well, your situation is hard to prove in court so we aren't really motivated to help you pursue this." What can I do to stop the abuse to my son? I would like primary custody--even full custody, and I could care less if my ex-wife ever payed a penny in child support. It's not about the money, it's about my son's well being. Thank you.
1 Answer from Attorneys
You need to speak with a family law attorney who can review the prior court documents. There are a lot of factors here. It is difficult to prove the allegations, but there are possible ways. If an attorney does not believe it is possible to prove the allegations, he/she can at least give you a game plan for how to document and proceed in the future.