Mike and Nicole’s OPP: Desperate Mother
Dear Mike and Nicole,
I'm pretty desperate at this point.
I'm divorcing my husband because of emotional and domestic abuse. We have a two year old together, and it's been a pretty rough battle.
We tried to work out custody between us, and it was going well, until he took him and moved from Boise to Pocatello, and refused to five him back unless I got a notarized statement, giving him 50-50 custody (one month with his dad, one month with me). Because of the domestic abuse, I was able to get a protection order against him, that gave me custody of our son, but at the review of the order, the judge decided to only grant it for a month because of lack of evidence. I've tried motioning for emergency custody and temporary custody, but the judge won't approve them.
On Monday, we had a temporary custody hearing, where my husband, falsely, accused me of child abuse. Per state law, the judge had to order a CPS investigation. My husband then returned to Pocatello and files a harassment protection order against me, again falsely. He used the pending investigation to say our son was in danger, and should in his custody. The police showed up, served me the protection order, and took my son.
I have never abused my child, and as soon as the report is submitted, it'll only prove that, but it will take 30 days to complete the investigation. I have been my son's main caretaker since birth. He has rarely seen his dad (his dad's choice). The last time he took him, my son took weeks to recover from the emotional damage. I'm scared my son isn't being well cared for, and facing extreme emotional distress. I've turned to Idaho Legal Aid, and they'll only give me legal advice, because of lack of evidence of domestic abuse from my husband (his own mother is willing to testify on my behalf). I need a lawyer, but I can't afford one. I'm barely getting by as is, because my husband isn't paying his share of daycare costs, and I'm having to cover it, so I can work.
I understand you're not lawyers, but you may know someone who is willing to help me. I have exhausted all other resources, and am very desperate to have my son returned home. Please help me.