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Do I have a case? A bit long.....Help!

HITHARD

Member
Registered
Joined
Apr 16, 2005
Messages
132
So, here is the situation. I was granted full custody of my three children five years ago. Two boys and a girl. There ages are 13 boy, 10 boy, 8 girl. My X wife was/is a dirt bag who had CPS called on her while I was in IRAQ and here in NY. Both times the kids were taken away. The second time I was granted full custody. The maternal grandmother is a complete dirt bag chronic alcoholic. She abused her children (my X wife, her sister and three brothers).

My X wife does not call the children at all she visits with them maybe once every two months. Mind you she lives 5 blocks away. the children are heart broken due to the lack of contribution she makes in their day to day life's.

Well to the point about the case. That family is VERY jealous of my wife and our household. My wife is educated as well as I. We have great annual income and have a nice set up and vehicles. you can almost taste the jealosy. The maternal grandmother called the my x wife's sister (her other daughter) and told her that my oldest son told her that we (my wife and I) beat the him and his two siblings. She also told her that there were visible marks all over my oldest son and my daughter (mind you she has not seen my daughter in over 4 months). There are a few people on this board that know me in person, i am not the biggest person here but i will say, if I hit a 90 pound kid (10 years of boxing) there would be more than mark problems to deal with. I do not beleive in striking. i am a put them on the knees with the note book held straight out in front of them. OLD SCHOOL!

CPS showed up at my door frantic and concerned they take a look at me tattoos and not the norm in size ans start wriritng while at the same time asking to see each child and read me the allegations. I have my kids strip down while on the sneak i pressed record on my answering machine which records like a tape player. She was shocked that there was NOT one mark on either kid and remarked how built my 13 year is (another boxer). i give her the grand tour of the home. Check this out, all the lady wanted to do was talk about my stainless steal refrigerator. How pretty and large it was.

Anyway, remember I have friends down at CPS, they told me who it was that called, my x sister in law. I called her and left a voice mail stating that I was going after her and i was going to let her supervisor know 9she is a nurse for the city school system) that she has a founded CPS case on her. Hmmm and working with other peoples children? And her husband is a husband is a heroin addict while practicing medicine (doctor) I have a copy of his discharge rehab) papers.

So, what did she do? She sent a sheriff to my home and has me going to court on the 11th of July, she filed harassment charges on me. But, here's the kicker...she wrote in the comment section "he found out that reported him to child protective services so he called me and threatened to have my career, talk to my supervisor, and take me to court for deformation of character and filing a false claim. She admitted to making the false claim.....I have a copy of the CPS report and a copy of the ones that my X wife had on her that were founded, (mine was closed in 5 days) with only one visit and a letter requested by the case worker from my children's school stating that we are exceptional parents.

Can I take these bitches to court for deformation and order of protection? Please tell me I can. My son stated that my x mother in law lied, which was obvious and my x-sister in law called with out once seeing the children. She was a tool. I want them both....*I have to go to court on her charges and i will be filing on her once I have all my ducks in a row. I will be sure to tell the judge that promise not to make any contact what so ever with her. She will only her from my attorney or the server regarding the deformation. Good idea?

Deformation..
I beat my kids...NO!
My children having to be subjected to a strip in front of a stranger ad given the third degree scared to death AGAIN!
Children's school was contacted embarrassing
Having a file even though not founded with CPS
Possibly could have ended my carrier PT student and my wifes (works for the state with the developmentally challenged)

Thanks!
 
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HIT,

I certainly feel for yuor situation, but yuo HAVE to get a qualified attorney looking into this. I doubt anyone on this board can give yuo the advice yuo need.

Think about it: are yuo going to deal with this situation and risk yuor kids based on the advice of some anonymous muscle board member?
 
Dad, I fully understand your point. i just wanted to hear others opinions. I would never go head on w/o an attorney. My attorney will be back in town on Tuesday.

Do you have an opinion on this?


Thank you.
 
I think you have a civil case but again I am not a lawyer...
 
buffbabeca...

Thank you for your reply. I am thinking along the same lines. I mean yes anyone could report any parent for child neglect or abuse but the time lines and lack of truth shoots them right in the ass. The x-sister in-law was in Rochester attending classes for her bachelors degree I live 45 mins to an hour away from there. And, she has not seen not one of my kids in forever. As, for my x -mother in law yes she saw my oldest son, she was drinking, but has not seen my daughter in a very long time. So, x-mother in law calls x-sister in law a tells her lies, the x sister ion law then relays these lies to CPS. These were proven to be lies by CPS in their report "There were No sign of abuse and no signs for any concerns we responded to the call within 20 mins after the call was made after hours"..My x mother in law has made the statement that "I will get your daughter away from you so i can raise her". My kids do not need this shit! I need to pound these trashy animals! man they are all the ones with founded cases NOT ME!

Typing my feelings and hearing responses helps me ease my mind a bit.

Thank you again!
 
OTH..

I was waiting for you to respond. :) Ok, a bit more info. The x mother in law beat all her children. i have the x sister in law on tape saying that her mom is a lier and a drunk, yet she believes a call as such from her mom? She stated that she saw my children she was in Rochester. She has not seen my kids in god knows how long. I have a copy of her class schedule and I verified on tape that she attended class that day. Class is over @ 4:00pm. My kids are top of thier class in grades and are very well behaved ibn schhol and out and about, out home that's another story...LOL!!!!
The call was made at 4;25 pm and she was 45 mins from home? Well within her rights? What proof did she have that this happened? A call from a proven DRUNK who was admitted to bellvue twice by this same daughter? Oh, I have that file also. I have a VRY clean military record, civilian record and so does my wife. My x wife arrested three times, one felony embezzlement, and a misdemeanor child endangerment (state of California) X sister in law founded child abuse charge, her husband internal med doc/herion addict (rehab 4 times), and founded child abuse charge, x mother in law psych patient three times, chronic alcoholic, and also founded child abuse charges. When the kids were granted to me the CPS worker (five years ago founds my daughter in a pissed pamper and with forty (beer) in hand, and empty cans filling a garbage can.

I can see some one saying that they are within their rights but with what I explained how was he?

And yes, the case was closed within a week with only one 15 min visit.
 
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HIT,

I can't offer an opinion becuase I'm not an attorney, and wouldn't be qualified to address this despite going through child custody battles myself.

I hope all turns out well, and wish yuo the best, just please, please get yuorself the very best, qualifed legal help yuo can!
 
Thanks...

I am actually going to see the assistant directory of the CPS department tomorrow hint..hint...friend..cough...cough..sparing partner...cough..cough..;) and take what is said and all of my documentation with me to my attorney.
Oh did I mention this person couches my son?
Normally I would brush this off, but if you would have seen the look on my daughter's face and my youngest son when they had to strip down in front of this case worker and then reading what was written NO SIGNS OF NEGLECT OR ABUSE, NO REASON FOR CONCERN. I am going to do what ever (within my legal rights) to avoid my children from going through this again.

Also, NY is a one party state (tape) as long as one party is aware it is legal. I was fully aware that I was recording her. :)
 
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Oh trust, I have my running sneaker on OTH. What i am confused about is how a person would/may gt away with making the statement that three children have severe markings from being beat all over there bodies yet never laying one eye on them and be able to get away with that. Let's for forget my situation and say it was you that was called on by some one and they made the accusation that you beat your child and left severe markings all over them. Withing 20 mins of that accusation a worker comes to your HOME and sees not one mark and interviews your child. You find out who made the call. The case is closed with in 5 days UNFOUNDED. they interview your child's school, the pediatrician nd everyone knows that you were investigated. Some do not know you personally to say NO they would not do that. So you may get the whispers and the quick pointing. What do you do?

Thank you for you responses!
 
What can I do if someone has filed a false child abuse or maltreatment report against me with the Statewide Central Register?

The New York State Office of Children and Family Services takes false reports of child abuse and maltreatment very seriously. Both the taking of the false report and the ensuing investigation are a misuse of valuable resources intended for the care and protection of New York State's vulnerable or at-risk children.

According to Section 240.50 of the New York State Penal Law, falsely reporting an incident to the State Central Register is a Class A misdemeanor. If you are the victim of a false report, you should contact your local District Attorney's office to discuss what options are available.

The X sister in law is a registered nurse...

New York State and the New York State Child Protective System recognize certain professionals as holding the important role of mandated reporter of child abuse or maltreatment. These professionals can be held liable by both the civil and criminal legal systems for intentionally failing to make a report. Professions include: Registered Nurse

Please be aware that there may have been changes to this list since this Web page was last updated. The current list is at Section 413 of the New York State Social Services Law.

Mandated reporters are required to report instances of suspected child abuse or maltreatment only when they are presented wth reasonable cause to suspect child abuse or maltreatment in their professional roles.

She never once laid eyes on any of my children and the DRUNK grand mother (x sister in laws mother) was the person who gave her the information via telephone never once contacting my X wife to find out if it was true, or myself before putting her head up her ass!
 
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Hey HIT. I can not offer any advice except that you and your wife sound like great parents. having to deal with this kind of crap can do your head in. Let your attorney decide what to do with all of this. just reassure your children that they are loved and well cared for. That there are people out there that have problems and do and say terrible things to hurt each other and sometimes children get caught in the cross fire. I know you will shield them from as much of this unpleasant business as you can. Try not to let it get your anger up too much. The kids will pick up on this pretty quickly. I feel for you though and i feel for the innocent victims..........the kids. I wish you all the best. I think it will all work out your way!
 
I know it sucks, but something to think about is what impact would jail , losing her job, or getting in trouble would have on your kids. I Know you know this but this isnt just about you, and her making shit up
 
VITOR

Very good question bro. She is an aunt who never calls or sees my children so there will be no impact.
 
Cases like this are really sad. But all too common.

Unfortunately to file civil charges you would have to show how you were damaged financially/etc. The nuisance of the social worker probably won't be sufficient since the complaint was dismissed immediately. That lady was just doing her job. Your best bet may be to pursue the frivolous charge angle. If she's a RN, her professional license depends on not having charges like this against her.

Attacking someones employment is one of the best ways to make them back off. I did it with my x several years ago. It was amazing how quickly she capitulated when faced with losing her career.

Above all else, make sure you document everything (within the law of course). This all depends on what your state laws are. It would be wise to know what this is ahead of time. The judge won't listen to he said/she said type of arguments. All that matters is who has actual evidence. So get your ducks in a row. And see your lawyer asap.

Good luck.
 
BIG JOHN.. thanks for you reply. No the CPS worker was VERY nice and even whispered to me "THIS IS BULLSHIT" of course this is off the record, but my case was closed within 5 days.

I did threaten my X sister in laws carrer and she ran to court and filed
harassment charges on me. She wrote that she filed he cps case and i found out about it and threatened her career and to take her to court for deformation. She is terrified!

Just to be clear it is my X sister in law and my x Mother "drunk" in law!
 
I honestly wouldn't pusue anything. It might have sucked having CPS coming to the house but it didn't amount to anything. You were in the wrong for calling the sister and threatening to tell her supervisor. If you did that that would be harrassment and if she ever lost her job because of it you might be subject to a law suit and had a pretty significant monetary judgement against you. Just calling her one time and telling her that you are going to call her supervisor isn't really harrassment. If you pursue this it will cost you big money in lawyer fees. I would contact the DA office about the CPS call and find out from the DA what your options are. FYI, in most states it is illegal to record conversations without consent
 
Thanks Rotty...NY state is not one of those states. NY state is a one party state. I do not make it a habit of recording people. It is border line dirt. But, we are talking about what i live for...my children. The grand mother made a false charge and so did the sister. As far as funds for a lawyer are concerned not a problem.
 
I think you are better off just getting the children out of that side of the family's life. If the mother isn't going to be there there isn't any reason for the other side to see the kids if yhey are all pieces of shit. If they were cool and good to the kids it would be a different story. Just out of curiousity, since you had to fight for custody of the kids originally I assume that the X lost her custody in a fight or did she just give them up without a fight. Regardless of how it came to be what was the court order in regards to her visitation. Is it supervised or unsupervised. I am also assuming that you have sole custody. I would consider going back to court to make visits supervised if they aren't and asking the judge to put in an order that any visits to the grandmother be supervised also. Explain what happened and tell the judge that you don't want to give the grandmother the opportunity to do it again. It is always better to have a paper trail in the courts, especially as a father.
 
..

Rotty, allot of great points. I have sloe custody of the children. X never even showed up to Supreme court to fight. This was a custody/divorce court battle. I am going back to court and have the visitations revised with no visits with the grandmother. The children at present by court order are not allowed to be with her alone PERIOD!
 
Ok...

We just filed order of protection papers against the aunt and grandmother. The order list my children my wife and myself. This was suggested to be the best move by my lawyer. I also put in the file the unfounded letter and the history of the aunt, grandmother and the mother (they have founded cases).

Thank you to all for your suggestions and for helping the burning wick to go out.

:)
 

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