False restraining order/ child custody and alimony

[GA_DevastatedDad]

thanks BLUETEXAS and NEEDLUCK and CAPSLOCK AND FOF thank you all for your assistance in this matter. I am still working tirelessly on attaining a lawyer lawyer. I would skip the rent like you guy say but I am already a month behind so if i skip I will be served fairly quickly and my wife would jump at the chance to say I couldn't provided a place for my son to live. I do have another question though at this RO hearing the judge is going to decide custody right... will this Be binding even once we go through divorce court... because at this moment there is only this restraining order that has been filed. No legal separation or divorce petition has been filed

[Fatheroffour]

The judge will rule on the issue before him. That being the appropriateness of extending the RO.

Custody isn't the issue directly in question, though the ruling could have great impact down the line.

[GA_DevastatedDad]

okay this is a Family Violence Ex parte protective order. but what it does is keep me away from my son even though I am the main person involed with him in school and after school. It bans me from the school and all that she says that i am a threat to him but in it I only see one accusation of me abusing her in front of him. of course this is a lie but still she makes this claim. in the petition. The thing is even though the judge granted this temporary protective order for ten days until we go to court. he still ordered that my visitations rights be restricted to have the child from Sunday until tuesday until the court day comes . that being said when we go to court isnt he then going to award some one custoday because my position is that i had custody of the child he lived with me the majority of the time so he should make a ruling seeing that he took custody from me when granted the order. he won't just drop the RO order completely, and not rule on who has custody will hewill he?

[needluck]

On the legal issue look into legal societies in Macon. You mind find help there. They maybe free.

I was a 'stay at home' dad too. It did not matter, but I got an extremely biased judge. I was still legally removed from my children for months. Typically during that time the STBX will begin to poison the kids against you. (Read 'Divorce Poison ASAP). What you need to do is contact anyone and everyone that you can think of that can be a witness for you. At the TPO hearing you can have witnesses and that is about it. While most likely it will not get you back in your house it will get the TPO dropped so you can see your kids. It will also not allow her to use it against you in the divorce proceedings.

I am not sure how old your kids are, but if the TPO does not state that you must stay away from them you maybe able to see them when she is not around. Ask a lawyer first though. If you can see them YOU MUST! You do not want your kids hearing only her side of the story for any longer than they have to. That being said ideally you do not want to discuss the divorce with the kids, but if you must they should hear both sides not just hers. Again read 'Divorce Poison' for more on this.

[Texasdad2]

I would suggest you review this website and see what services are available to you. http://www.legalaid-ga.org/GA/index.cfm

[GA_DevastatedDad]

Okay Needluck and Texasdad2 I just got home. I am going to the website now to read about legal aid. and "divorce poison" if i can find it by the way my son is 8 yrs old.
Also couple of questions about what will be allowed in the hearing because I have tape recordings of what happened on Dec 19th and 20th because I always recorded when I talk to her on the phone proving not only did she lie but she totally made up the argument that she stated in the petition. I have a couple of witnesses of when we met in public and my son stated that his momn wouldnt let her call me even though he saw me calling and he asked to call me back.

[needluck]

Bring the tape recording, but I am not sure if you can admit it. Witnesses are your best bet. I had two at mine and it got the TPO dropped, but the judge ruled that I was not to move back into the house.

She cannot keep your son away from you. Document it. It may not matter at the TPO, but at the temporary hearing it will be a big deal. Try to get a GAL ASAP. I could not afford one, but if you can get one.

[GA_DevastatedDad]

Are you talking about witnesses to how I treat my son, How she treats him, or all three.

[whatnow?]

Bring the recordings. ALSO bring an accurate transcript of the recordings, along with a summary of the points you want brought forth to the judge, with timestamps as to where they are located on the tape as evidence.

Time to listen to a bunch of recordings, no. Time to read a transcript with the recorded evidence as backup, much more likely.

Lot of work for possibly no gain, yes. BUT, it's better than nothing, and could give you an added boost to your whole situation.

[DenOfEarth]

Bring the recordings. ALSO bring an accurate transcript of the recordings, along with a summary of the points you want brought forth to the judge, with timestamps as to where they are located on the tape as evidence.

Time to listen to a bunch of recordings, no. Time to read a transcript with the recorded evidence as backup, much more likely.

Lot of work for possibly no gain, yes. BUT, it's better than nothing, and could give you an added boost to your whole situation.

whatnow?

Thank you for the transcript idea. I will start doing that tonight. My wife filed a TRO against me on behalf of my children claiming I was a threat to their well being. I at least have sound files dating from the date and after the date she initially filed the allegations stating just the opposite. I also have her admitting she made a mistake in filing the TRO. Maybe it will help me and maybe it wont but at it sits now I can't see my kids at all.