Saint Louis, MO asked in Child Custody and Family Law for Missouri

Q: 7 yr old son with my ex husband. How do I respond to a falsely accused interference with custody? My ex will not convers

I have a 7 yr old son with my ex husband. I became pregnant 2 months after being married, and all the red flags came clear to me. He is verbally and emotionally abusive, and he moved out when my son was only one. He never filed, and I intentionally waited to file til he was 3.5 yrs old, but we have joint custody now. I didn't trust him especially w/a toddler. He's maybe had him a total of 4 weekends his whole life.. he has no stable home. Otherwise sporadic days/hrs w/him. Although I've always questioned, and stood up to him, as he changes residence with different girlfriends, I have never truly kept him from seeing him. He got mad this week, (his personality and actions are classic narcissistic) as I didn't want to talk in front of our son, who he always puts in the middle. Told him we could talk later, adults only. He served me with custody interference today, which is so false, and I'm devastated. He only has time for his son, when it's convenient for him. What do I do?

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1 Lawyer Answer
Neil Smith
Neil Smith
  • Divorce Lawyer
  • Clayton, MO
  • Licensed in Missouri

A: When you say "custody interference" are you referencing a family access motion? Or a motion to modify and/or motion for contempt? The way in which you respond depends on what he filed. If he is physically and emotionally abusive to the children, then you should think about filing a motion to modify to limit his custody.

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