My Ex lives in Atlanta Georgia and comes from a family of mental illness. She has recently excercised poor choices, sporadic decision making, lack of parenting, poor communication and inability to parent our children. She has a co-dependent relationship with our 6 year old son while having little relationship with her 15 year old son. June 6th she visited my new home of a few weeks and left crying. Fast forward one week an officer appears at my families door to conduct a wellness check. She alleged my new wife of one month was sexually abusing my 6 year old. She based this on the 6 year old staying with her in Atlanta saying he had potty issues. (the 6 year old has never had potty issues with me and stated he was playing a joke on mom). She asked to speak with him while he was in the shower Friday evening. I told her she could speak with him later which he did. She literally accused my wife of abusing him while my wife was with me and my 15 year old at the park.
The officer assured her of no wrong doing. Simultaneously my ex-wifes step mom told me last week that my ex told her I have her radio and phone bugged and people are living in the walls spying on her. This is similar behavior as to her Aunt that suffered from mental illness. We currently have joint custody and the 15 year old lives with me permanently and the 6 year old is with me for the summer. I would like to ask for permanent custody and also a restraining order to prevent her from harming our kids and my wife. My wife feels terrorized and is fear that she may drive from Atlanta and cause physical harm. I am unsure how to proceed. Thanks.
Assuming you have a court order for custody currently, you will need to file a motion to modify the custody order upon a substantial change of circumstances affecting the wellbeing of the minor children. In support of your motion, you will want to allege the same facts you have set forth here.
You may also want to file a motion for a psychological evaluation on the mother due to these same facts. The court will grant the motion and order that a psychological evaluation be performed with good cause. Highlighting safety concerns of a minor child with that parent due to what appears to be mental health issues will often be enough to show good cause.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Good Evening Anne,
What is the process for proceeding? Are you able to assist in this matter? I greatly appreciate your response.
~Malcolm Smith
Assuming you have a current custody order, you would begin by filing a motion to modify child custody and a motion for psychological evaluation and serving it on your wife.
We can help you if your custody case is in the Triangle (Wake, Durham, Orange, Chatham, and Johnston Counties). Feel free to call our office to schedule a consultation: (919) 787-6668.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.