jeudi 23 juin 2016

Establishing an Order: What is Admissible to Prove Ex-Husband is Unfit

My question involves a child custody case from the State of: Illinois.

My ex-husband and I split up in October of 2013. Since then, he has had very spotty interaction with our daughter. We are not legally divorced yet, I am working on getting the money to pay for it. There have been several instances which have led me to believe my daughter is not safe with him, and even his mother has corroborated several of these instances. Starting when he initially moved out, he has routinely made excuses not see her, or vanished altogether. He didn't see her for about two months, giving the reason that he only had one day off a week and needed it to unwind. During this time I found out that he was spending his off time with his new girlfriend and her kids. When he did start seeing her again, he was having me drop her off at one location, and then taking her to another home after I left, and never once told me where she really was. I don't know if experiences with other children can be used, but he was taking his older daughter from another relationship on the weekends, and leaving her with his girlfriend so he could go out. When the child's mother protested and asked that he leave their daughter with his mother, instead his response was to stop seeing her entirely. He also stopped seeing her for about a year prior to this and has refused to pay child support.

We lost contact for almost a year after he didn't show up two of his weekends in a row, and didn't warn me or explain himself. He was also arrested on domestic violence charges, and spent two weeks incarcerated, and in this time never once contacted me or asked anyone else to contact me.

After this year passed, he showed up on my front steps demanding to take our daughter. I told him he needed to prove to me that he had changed and could be responsible. At first things went well, but then he skipped her school orientation because he went out the night before and drank too much. Then she started coming home with bruises and scratches. I have a photo of one on her back. He admitted she had been unattended in a locked room with another child, who hit her with some sort of object. The next time she went over there, she came home with a scratch and a bruise on her face from being in the same situation. He and his girlfriend moved not long after this, but the issues did not stop. I found a small bruise inside her upper left arm, which she told me was from his girlfriend pinching her. She then started showing noticeable discomfort about going to his house, particularly if the girlfriend was mentioned. She came home from his house three times in a month with a head full of lice. Eventually it escalated to the point that she would hyperventilate and cry if her father was mentioned. It's going on 7 months and she still refuses to discuss him or entertain the thought of seeing him. She is 4. As much as she can rationalize she repeatedly says that her father and his girlfriend are mean to her and his girlfriend's kids, but she becomes panicky if the issue is pushed. I have tried several times to get her in to play therapy but it is bordering on impossible.

How much of this is admissible, do I need to get more evidence?


Establishing an Order: What is Admissible to Prove Ex-Husband is Unfit

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