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Father wants partial custody after 10 years.

17 replies

Iveliss · 16/04/2022 05:14

I’m kinda in a rough spot. Wondering if I can get some advice from people who has been there or currently going through it.

I have a set of twin boys with an abusive man. (I did call the police) he was arrested photo were taken and I was pressured by his friends to drop it. I dropped the charges but the court continued to sentence him anyways. He served 6 months in prison for domestic violence. I like an idiot took him back out of fear and familiarity. When he came home from jail the abuse didn’t end. And I managed to leave state to go back home with my parents just a few months after his release.

I still tried to co parent with him but he became very narcissistic. He only asked for the children and tried to manipulate me by using them and threatening to take me to court. I still tried to co parent. I tried to allow him to be present for their 2nd birthday. Not even 5 minutes being in the same room he was in my face yelling and screaming in front of both our parents because I refused to go back to the hotel with him. He left my house and later that night broke into my home and I woke up with his hands down my pants. I called the police but because he wasn’t from here nothing happened because they couldn’t find him. He never even showed up to their birthday. I still tried to co parent.

At this point I was less talkative and hesitant on answering back. He now was facing another domestic violence case with a girlfriend he was dealing with at the moment and was facing trial for a drug charge as well and was out on bail. He would message me at three in morning to video chat him. Asking me if there was some way we could get married other wise I wouldn’t “like it he filled out papers to exorcise his rights as their father.” He used my kids as pawns and never truly seeked them Out of love. He told me “you act like I was beating your ass every day”. Threatened to sign his rights over because I refused to be with him. A year after I left him ! I tried to place him in child support and he avoided being served only to tell me he was going to try to get on ssi so legally he won’t be able to pay child support.

Eventually I stopped responding to him all together. I have saved the messages of everything I stated above. Through out the years he’s harassed me. Continued to “reach out” for them but I blocked him from all social media because I’ve already tried to co parent to the point where I was sexually assaulted and damn near assaulted in front of our family. He claims on social media I kept them from him and skipped out of town without him knowing where we were which in the messages I still have proves him to be a liar. ( since he showed up for the party he never attended). Now 10 years later I find out he’s taking me to court for partial custody. My boys are now 12 and the first thing they said was “why is he going to court now?” They expressed they feel like it’s too late for him to actually try and that they don’t want to meet him. But speaking with my lawyer not only am I afraid of facing him again I was told he will get rights. Even if it’s the bare minimum.

I haven’t slept a full night In weeks. It makes me sick to my stomach knowing the possibility of having to co parent with him again are high. My children were present during all violent alterations including one of my twins being on my lap. His friend took my child from my lap as he was punching me! My babies weren’t even 1.

Has anyone been in this situation with an abusive and narcissistic ex? How did it turn out for you? What do I have to look forward to? What can I expect? I’m completely torn and find myself reliving this trauma now knowing I have to see him again. I’m scared for me but most of all I’m scared for my babies. He has a long history of DV. Including two charges against him with the woman he’s with now a few years ago. She stayed with him and is pushing him to fight for partial custody and now he’s found out where I live. I haven’t known peace in almost a month.

OP posts:
wildseas · 16/04/2022 06:00

I think you need some professional advice but in your place I would fight this as hard as I could. I don’t think it will be good for your children.

I wonder if it’s worth calling women’s aid and seeing if they can put you in touch with a good solicitor ?

If the children don’t already know about the domestic violence I would consider telling them very gently and also picking up a conversation about what is and isn’t acceptable behaviour from an adult.

I would also think back over those events and try and list out the harm done by him to the kids (eg hitting you in front of them) and have that ready in a list for the solicitor.

And I would speak to the solicitor about having the children’s voices heard in court. Make sure they are interviewed by someone independent and their feelings presented.

In terms of contact I think you’ll come across best if you offer something, so I would think about offering letter box contact where he can write to the kids and they write back. You could do that with a post office box.

Did you report the sexual assault ? If so that report would be proof that he knew where you moved to, and also of his character.

wildseas · 16/04/2022 06:02

Its also easier said than done but look after yourself. This must be absolutely awful for you and bringing back some difficult feelings.

UserError012345 · 16/04/2022 06:16

Surely as the boys are older now and more capable of making their own minds up about contact, should it get to court (and not be an empty threat used to manipulate you) their wishes will be taken into account ? Would they want contact with him ?

And secondly, does he have the money to fight you legally ?

bowlingalleyblues · 16/04/2022 06:22

What country are you and your children living in, as that will affect your options.

UserError012345 · 16/04/2022 06:22

Sorry missed the bit where you say they don't want to. I'm not surprised after all you've said.

You are in control ... I know it doesn't feel like it. Just keep saying the boys don't want to see him. You are their advocate.

Let's see if ex has got the means to pursue.

As a last resort, can you up and leave again ? Move away so you can't be found (half joking).

BruceAndNosh · 16/04/2022 06:30

Are you in USA? You mentioned moving out of state.
Child custody laws and practices vary greatly between countries

RedWingBoots · 16/04/2022 07:13

My boys are now 12 and the first thing they said was “why is he going to court now?” They expressed they feel like it’s too late for him to actually try and that they don’t want to meet him.

Can your children explain with a logical reason why they don't want to see him?

She stayed with him and is pushing him to fight for partial custody and now he’s found out where I live.

As he has your address why hasn't he written to your boys directly before saying he would drag you to Court?

They are 12 so aren't babies and can read.

You haven't prevented him from writing to them. So where are their Christmas cards and Birthday cards from him?

If he wants a relationship with them then why hasn't he tried to initiate one directly with them?

Please see if you can find another family solicitor as the one you have spoken to should know that secondary age children views are taken into account by the Court.

Children start being about to exercise their own agency around that age so if they both refuse to see or speak to their father there is very little any adult can do.

Put it this way if their father gets Court approval to see them every other Saturday but they both refuse to go, then how as you a woman going to force two boys who are stronger than you to do so?

Due to the history of domestic violence you will ensure you won't have any contact with their father. Apart from your own fears he won't want you making more accusations against him to the police. So ask your next solicitor how will the Court propose to force your sons' into seeing him if they don't want to?

JeffThePilot · 16/04/2022 12:08

Which country/jurisdiction are you in?

Iveliss · 16/04/2022 17:47

@bowlingalleyblues

What country are you and your children living in, as that will affect your options.
I live in the United States
OP posts:
Iveliss · 16/04/2022 17:49

@JeffThePilot

Which country/jurisdiction are you in?
Im in the U.S
OP posts:
Bunnybingesoneggs · 16/04/2022 17:53

At 12 my ds went nc with my exh and there was a court order... I seriously doubt a judge would give his case any consideration at all.
He is just trying to scare you again. Block him op. Contact the police for a restraining order /what it is in USA.

RedHelenB · 16/04/2022 21:20

In England the twins wishes would be taken into account but I'm not sure about the US.

Bunnybingesoneggs · 16/04/2022 22:01

Surely you reported him for child endangerment?

Iveliss · 16/04/2022 22:52

@Bunnybingesoneggs

At 12 my ds went nc with my exh and there was a court order... I seriously doubt a judge would give his case any consideration at all. He is just trying to scare you again. Block him op. Contact the police for a restraining order /what it is in USA.
He filed through the courts.
OP posts:
Bunnybingesoneggs · 17/04/2022 09:35

Well you just get all of your ammunition ready. .. And a good lawyer. Though I doubt he will get far.

prh47bridge · 17/04/2022 09:46

As this is predominantly a UK forum, most (possibly all) of the advice on here will be based on UK law, as will any experiences being shared. You should not assume that it will apply in the US.

singlemummanurse · 17/04/2022 14:43

There is a divorce and custody board on the US babycenter that has lots of very knowledgeable posters on there that I'm sure could give you a better idea of possible outcomes and things you could ask for eg would a guardian ad litem be useful, could reunification therapy be pushed for etc. Would def be worth posting on there.

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