Q: I fell victim to a dirty cop planting evidence while serving a search warrant at my boyfriends apartment, the cop was
having an affair with my bf ex wife. Long story short he planted meth (ice)arrested my bf let me go. 3 days later came back arrested me. We proved the cop was dirty and the DA wrote letter to sheriff that no charges would be filed. While trying to fight all this my ex got emergency custody then full custody of our son, and come to find out he was in on the plan with my bf ex. My question is shouldn't all of the custody changes been changed back since the charges were not filed at all? And I just got it off my odcr report last year and this happen 8 years ago?? The cop was given choice by sheriff to resign or have charges filed against him he resigned. My mother asked me not to sue since my step dad worked in the county we were arrested they had to recuse case do to that and case was moved to okfuskee county Oklahoma. Arresting county was seminole county. Sheriff was Joe Craig, who has since also been voted out of office for several laws he was bending.. Custody case in Hughes county.
A: From your facts it appears your ex had a hearing on his emergency custody petition and then full custody at a motion to modify hearing. I would think there was more testimony than just this bogus arrest that was had in Court in order for the Judge to modify the original custody order. The answer to your question is no they don't revert back to the old order merely on evidence coming to light showing it was bogus. You must hire an attorney to file a motion to modify that last order giving your ex custody. You must prove all facts showing that the best interests of your children are better served by custody being changed back to you.
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