Asked in @US
Apr. 28, 2009
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What to do if I was coerced into giving custody of my children to my ex husband?
A situation arised in that a parent had filed for protection order for a child against an ex's girlfriend. These occurred in two different counties. She was granted a temporary order in her
county. Due to concern for the saftey of the child, she withheld visitation, as the girlfriend lived with the ex. He filed for contempt. While waiting for the final hearing on the protection order the contempt was heard in the other county. The judge refused to wait until the final hearing on the protection order, and told the mother if she did not accept what the father offered she would go to jail.
The mother also has a 2 year old child by another father, who works together with the other father in their legal battles. The father said he would drop the contempt charge if she dropped the order of protection. The mother knew if she did not do this she would go to jail and lose both the children. (father had tried several times in passed months to enforce jail order
even with attempt to set her up). She did not want to agree to this request, her attorney encouraged her to do so in order to keep her out of jail. She felt she was failing her child, but realized the father was not going to stop until he got her into jail. Residential parent was
also changed to the father, which then voided the use of jail time for any contempt in the future. Since getting residentual parenting he has withheld visitation, charged the mother with abuse and filed to remove all her parental rights. The child was withheld from the mother for over 2 months, she is not allow any phone contact with her, placed her in activities during her visitation times, and refuses to change times. The child voices fears of what will happen to her if she dosen't do what he says. The court is siding with the father aside from there being no
evidence to his charges other than his said so. He is the only one who takes the child to talk to anyone about what is happening. My question is this: The agreement made to drop the order of protection and change residental parenting (they still are to be having shared parenting,
although he claims full custody) was agreed upon due to the fact that she felt if she did not she would be going to jail, which was reinforced the day before by the attending judge, and she would lose both children, would then be considered a felony, and denied any parental rights to the children. She never believed the father would do what he did. She felt the abuse would stop when he had the child, as the child was used to abuse of the mother. Is this not a case where coercion was used against the mother to enter into an agreement that she would not other wise have done if not for the threat of going to jail, and losing both children. She had every reason to believe this would occur becasue of a earlier order of contempt that said this would be a outcome.
Also could someone else pick up the protection order that was for the child even thought the mother as it states 'agreed' to drop. Of course they have no knowledge of the conditions to which caused her to drop the order. What are our legal rights to protect these children, against a system that has been manipulated by a narrasistic socialpatic father. Are you aware of any cases where this has been used to revok the agreement and return custody back to the mother?
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