Accusation of being an unfit parent **PLEASE READ ADVICE NEEDED**

DEFNSD

Bluelighter
Joined
Jun 4, 2009
Messages
115
Ok so my father is a total scumbag. He owes my mother, my sister, and I more than he can imagine. My mom is a very reasonable very kind person. My father has not paid child support for over four years resulting in him owing our family over 40 thousand dollars.

My mom has made a very very reasonable proposition to him, if he starts paying half of his mandatory 300 dollar child support checks, my mother will drop everything and not take him to court.

But since my father is both an asshole and an idiot he replies by saying something along the lines of no I am not paying EVEN half of the child support and above that he called both me and my mother drug addicts and called his own 13 year old daughter a prostitute.

Ok now getting to the point, since my father refused to pay, my mom will be taking him to court. The defense my father is going to use in court is that my mother is an unfit parent, which is total bullshit by the way. He is going to say we both use drugs, my mother doesn't care about us, she lets us do w.e. we want, etc.

Now for my question! My mother is worried that if my dad does say all that bullshit in court some kind of agency will come and investigate our house to see if my father's bullshit is true. Is this possible? Will the court believe my father's lies and have my mother and I be drug tested? My mother is a saint and she will come up clean as a whistle but me, lol that is a different story. The point I am trying to make though is does the court have the authority to investigate all of my father's accusations when my father has nothing to back up what he is saying? Thanks in advance everyone, your help is greatly appreciated.
 
probably not what you want to hear, but this could certainly spark an investigation. you should get clean asap. that being said, it is your mother who is being accused of being an unfit parent, not you, so I am not sure whether they can force you to take a drug test (I assume you are in the states).

the main issue in this sort of situation is that both parents often end up effectively destroying the other's reputation in the eyes of the court, and the children end up in foster care. maybe try to reason with your father and bring this up.
 
Man, i'm sorry to hear you're going through all this shit. Court is an awful place for parents to fight it out and whats even worse is bringing the children into the battle. It really damages kids for the long run.

The only advice I can give you is document everything. Every single threat, every single problem, document everything and bring it all to court. If he gets too threatening, call the police so there's record of his threats. Get a good lawyer, and get your crash helmets on!

For real tho, you don't have to worry too much if you have all this documentation against him regarding drug tests. He can't force you to take a drug test for the court, and even if you are smoking pot or whatever, it doesn't prove your mother to be an unfit parent. Plus, courts are usually favor the side of the mother believe it or not.

Like I said, document everything.
 
Hi there! I am currently going through the fun world known as family law! So here's what i can help shine some light on for you.

For your father's defense it wont get him off the hook, you and mom need not worry about that. His "daughter being a whore" and your fitness and unfitness of parenting are not the subjects at hand. His lack of aiding in the financial responsibilities are. If he owes as much as you say, jail time and suspended license could be in order. Either way he is not waltzing out there.

Now on to your other issue. Judges are not surprised about the mud slinging and if he has no proof judge probably wont listen. Furthermore, the judge will REALLY want to know why he never called CPS or anything which will be another sign of his stupidity.

I am assuming if this is child support, the DA is involved so let them know.

Now in the off chance, make sure your house is clean. And cooperate with CPS fully. It sucks, I know, I am fighting them hardcore at the moment, but if you got nothing to hide, why bother, they look around and leave.
 
Guys thank you very much for your help. My mother and I greatly appreciate your support.
 
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