How could this happen in America to any child?

[iwmsb2003]

How could this happen in America to any child? I lost my wife to cancer when my son was two years old. On the recommendation of 4 people I married a woman I hardly knew and it ended in divorce after 4 difficult years. In the divorce action the woman demanded huge financial concessions from me or she threatened to try and get custody of my son. I refused and even with all the things she tried to create against me the court gave me custody. She only got some visitation. I sold my home and moved. She went to the authorities and claimed there was joint custody, that my son lived in her home and that I had kidnapped my son. Without my knowledge she got a warrant out for my arrest and claimed she did not know where I was. I was arrested. She took custody by default because I was not properly notified of a hearing. Charges were dropped against the man. Even after all the evidence of her lying and perjury were presented to the DA he refused to do anything about the wrong done to my child and to me. I have the documents I subpoenaed from the DA and police files. I have exhibits of documentation taken from court records. The police refuse to take my complaint. The judge refuses to rule on this evidence in court. My child is still with this woman. I had my son stolen by this woman and the legal system is covering this up.

[flowerchild]

I am so sorry to hear that. However, honestly, it does not suprise me that it is being clean swept.
Have you hired an attorney? About all you can do to fight this system is use it to your advantage. When was custody taken from you? Do you still see him?
As a single mother, I am appalled that something like that can happen. She is not his mother. That's just not right.
I don't know what to say. I hope something goes right for you soon. :(

[iwmsb2003]

Thank you for your response. I have had two attorneys on this case. The first attorney got me through the divorce where a doctor of my ex's choice and the judge both agreed that it was in my son's best interest to be with me. The first attorney could not represent me because his law partner was legal counsel for the police and my attorney felt I had a good case for filing a show-cause lawsuit against the DA. I explored that option with a number of attorneys but was advised that no attorney would take the case against another attorney and to do so would delay my ultimate desire of getting back via the court.

My second attorney helped me get the charges dropped and represented me in getting all the documentation of my ex's activities to bring to the authorities. It took 4 months of their delay tactics to get the charges officially dropped

My ex stole custody by way of fraud (which I have documented proof of) on July 23, 2001 more than a year after the divorce decree. How she did this:
1. she went to the police and they knew the situation was not a criminal one so they told her to petition the divorce court judge because I had moved.
2. she did not like that answer so she got a former asst DA to essentially tell the DA what to do since the DA was not familiar with the divorce law and the order. The DA told the police to take her complaint. My ex's attorney told her how to fill it out = lie. To write that we had joint custody, that I had abducted my son from her home.
3. the DA takes the police report and makes a criminal indictment against me. The ex is the only one to testify at a grand jury hearing and say that I had kidnapped her son.
4. an arrest warrant is put out on me. Meanwhile she signs an affidavit saying she did not know where I was. She hires a PI to create the guise that she does not know where I am. She tells the PI where she knows I am but tells him not to let me know anything until after all the paperwork is done.
5. she claims to have tried to contact me by sending one letter to my old address then claims it was returned to her without a forwarding address (even though she has my forward address as well as addresses of my family members who she knows I have been in constant contact with). She does not send any letters to any other address.
6. she publishes a notice of change of custody hearing in two geographical locations where she knows I do not live and knows that no one that I am in contact would see. This will satisfy the "appearance" of doing the right thing.
7. after 30 days she petitions a judge who did not hear the divorce case and who does not know what she is really like. The judge trusts the officers of the court and signs off on change of custody by way of default.
8. the above is done without my knowledge. Now she springs her trap. She tips of police to my actual address and I am arrested. My son is put into child protective services until she comes to collect him nearly two days later.
9. Until I could get the charges dropped I got a release from jail under the conditions the DA set: no contact with my son until we went back to the judge who heard the divorce. With delay tactics my ex made this last 6 months.
10. In a series of court hearings I brought forward by way of subpoenas: the PI with all of his records, copies of documents from DA/police. All this the judge saw and heard her admit her actions butr because my son now had made friends in his new school and had an attachment to the ex and her dog it was in my son's best interest to stay with her. I asked the judge: "you mean to say you are going to allow this fraud to stand?" and the judge said: "this court is not prepared to rule on whether or not she committed fraud." My attorney said the judge's ruling was careful enough to withstand any appeal. I was done for.
11. The police refused to take my complaint of fraud because they said the DA would not do anything. I had my attorney take the complaint and the documentation to the DA who refused to even look at the documentation.
12. My only legal recourse is a civil lawsuit against my ex wife before the same corrupt court. Instead, I wrote a book so my son, family and friends would know the truth and see the documents for themselves. I hope it will help others too.

Right now, after 20 months I have minimal visitation rights which is a far cry from what I should have.

If you live in one of the 5 states that has "psychological parent" laws = Beware! No matter where you live in write your elected reps and contact your media to alert them of the fact that these laws are dangerous.

I advise all singles considering remarriage to get a prenuptial agreement. That contract should detail all responsibilities of the relationship and what happens if it is terminated.
Take care.