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California - Child Custody Gone Bad

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  • California - Child Custody Gone Bad

    In June of last year, after keeping good documents of how my ex-wife refuses to allow me to see my two children with her in the three years that we were separated, I filed a motion to modify child custody. I have emails sent to me from my ex-wife's family as documentations supporting my allegations of how my ex-wife beats my children and how her live-in boyfriend treats my two children.

    When I served my ex-wife with the court order to appear in court, she opened an email account in my name with my information, and used the email account to harrass and threat the member of the family that provided me with the information as if I was the one composing the emails. The family member filed an incident report with the police department against me for the emails she was receiving. (All planned out by ex-wife and her).

    We went through mediation, and the mediator spoke with the children. My children all favored to be with me and my ex-wife specifically told the mediator that she wanted me out of my children's lives and does not want to have anything to do with me as she is re-married and has moved on with her life. The mediator agreed that I should be the custodial parent for my children as my ex-wife has spoke nothing but ill of me before and during mediation, and the mediator believes that she would continue to do so in front of the children.

    All this happened when she had no attorney. I represented myself in my case. After she received the mediator's report, stating that the recommendation was that the children were to reside with me, she hired an attorney. She filed a response to the court that I was a lying, manipulative man who has the nature to threat others to get things my way, providing the court with the threatening emails she had composed to her family member, portraying as me, (threats included: "Do as I say or Die"), and the judge overturned the mediators request. My children now cries every other weekend when they come to me and they do not want to go back to their mother. What can I do?

    What really made me upset was that when her attorney spoke to me before the hearing to see if we could come up with some kind of agreement, I told her attorney that I cannot and will not, especially with the "FALSE" documents she had provided to the court. Her attorney threatened me that her attorney could have me arrested if my ex-wife wanted to for submitting false documentations into court, threats, and etc. I would not settle regardless of what her attorney said to me.

    I have contacted the police department to where the police report was filed and disputed it. I've sent a written request to the email host, where the email account was opened and request that they close the email account, as it was used fraudulently. I've filed a police report to false impersonation, as they used my information to open an email account portraying as me and writing threatening emails with the email account.

    I don't have the money to hire an attorney, as before, and will have to represent myself in court. How do I go about modifying the order again and bringing that her documents submitted were not true?

    I live in California. All information are welcome.
    -MikeVue

  • #2
    You ask for the IP address from whence the emails were sent.

    The internet provider that provided the email accounts can do that. If you have the electronic version of the emails, it is also in the header.

    If you are not a techno geek, ask the computer teacher of the local high school or college for help.

    Then, you take these to the police. Your impersonation charge may or may not interest the court... but perjury would interest the court a great deal.

    If she testified, under oath, as to the origin of the emails, she committed a felony.
    Not everything that makes you mad, sad or uncomfortable is legally actionable.

    I am not now nor ever was an attorney.

    Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

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