Q: My ex got back with her ex boyfriend that used to assault her. He assaulted her again infront if my child.
She refuses to leave him. I have taken custody papers out on her in hopes that would encourage her to leave him but she says nothing happened even though she told me she was assaulted infront of our child in text and on video. My son is still with her because she convinced me that the guy will never come back so I'm letting him stay there so I wont put him trough anymore stress until court. She says shes a good mother but I'm a worthless father for trying to take him away from her. She herself have taken assault on a female charges on this guy back in 1999 and he was conviced. This time, she refused to press charges on him so, I'm seeking primary custody because she refuses to keep my son away from this guy. We signed a temporary custody agreement but she fired het lawyer before it was signed by a judge. What can I do to tip the scale in my favor?
A: Hire an attorney and follow their advice. You are the one tipping the scale right now and not in your favor. It appears you have created a giant weak spot in your case and how things look are often as important or even more so than how they actually are. These are your words, "She refuses to leave him. I have taken custody papers out on her in hopes that would encourage her to leave him." Essentially it looks like you filed the custody action because your ex won't stay away from a particular guy. This leaves the impression that you are more concerned with who your ex is seeing than with your son. "My son is still with her because she convinced me that the guy will never come back so I'm letting him stay there." That indicates you believe she is fit to have custody and you are fine with her having custody as long as you get to dictate who she is around and who is around your son. If you say things like that in Court you would be making the mother's case for her. So the best thing you can do to help your case from what I can see from your own description is to make no more statements like the ones in this question and make sure you consistently present that your concern is solely for your son's safety and emotional well being because of the mother's questionable judgment.
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