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Old 08-17-2015, 07:36 PM   #1
BabyBlue Female
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Default Child Custody/ New Information

The Final Orders After Hearing / Custody papers have LITERALLY just arrived in the mail. And no sooner did I finally embrace the possibility of beautiful, unobstructed, schedule, routine & ORDER, did I receive another bombshell. > .. The Ex did not show up to pick our children up for his last two parenting time weekends (he gets 1st, 3rd & 5th weekend of every month). I had received a message from his mother letting me know that the Ex wouldn't be picking the boys up that day, but without explanation as to WHY (An explanation was not offered & I did not ask for one. I am not on speaking terms with the Ex's family). .

The boys wanted to know why their dad was not picking them up (AND IT WAS MY YOUNGEST SON"S BIRTHDAY WEEKEND!). I didn't have an explanation for them. I messaged my Ex, letting him know in a very business like/formal manner, that I had received a message stating that he would not be picking up the children for his weekend. NO Response.. The boys asked to call him. No Answer, the phone went straight to voicemail..

I left it at that & decided that all I could do was document his absence and missed visitation time. (Although the Ex has been more consistent with spending time with the boys since our round in Family Court a few months ago, the boys and I are no stranger to the Ex "randomly dropping off the face of the earth" every now & then.... blahhhhhh).

After a few days had passed with still no response from the Ex, a thought passed through my mind... And on a hunch (based on having been in a relationship with my Ex & knowing him for nearly 12 years...) I decided to check a "resource".. I went online to my local Sheriff's website, typed the name of the Ex into the Inmate lookup(public records) and *BAM*!!! There he was. IN CUSTODY.

The charges included;
HS 11378 Felony
Possession for sale-Controlled Substances Non-Narcotic
HS 11379(A) Felony
Import, Sale, Transportation of controlled Subs

He currently has another court date listed as coming up very soon...

... So my Question is this...?? What do I do with this information? How do I present this in court or submit it to an already existing case???

The Ex already has a Felony and has served time in jail because of a Domestic Violence incident in which I was the victim. (He had pled guilty to the Threats to commit a crime resulting in death or GBI)
I currently have a 5 year Protective Restraining Order against him, for myself.

I DONT WANT MY CHILDREN AROUND THAT LIFE STYLE. Dugs & Violence. He has now proven an affiliation with the drugs I had mentioned as a concern to the Custody Mediator. A concern that was brushed off and not given the weight of thought that I felt it deserved. And it was that very drug I had claimed he was on, when he was taken to jail after trying to strangle me in front of our children. It is the SAME drug I asked that he submitted to Drug Testing for in order to spend time with the boys. What can I do???
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Old 08-17-2015, 10:09 PM   #2
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Default Re: Child Custody/ New Information

File for a modofocation and file for an immediate danger order based on hos in custody status and charges. Print the page out and submit it with your motions as Exhibit 1.

Request supervised visits until father has successfully completed all terms of hos probation.
Request a drug and alchold treatment and compliance in the program.
Request random drug tests.
Request that he cannot have the children around any felons.

Go to the courthouse records department and request copies of the file --- the charging instrument and any probable cause statements. Label those as exhibits and attach to your motion.
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Old 08-17-2015, 10:53 PM   #3
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Default Re: Child Custody/ New Information

Thank you LSL. I have to say, you have been there with substantial help every time I have asked a question on this sight.
...
In light of other new News, my Aunt , who lives out of state has just asked if I could move in with her & be a caretaker for her & my uncle. They are both having surgery next year (kidney donor & kidney transplant). This ofcourse would involve me moving out of state with the children.. Would it even be legally possible? As the custody orders stand right now, I'm not even permitted to move out of the county.
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