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FOURTH WEEK OF JUNE
"Divorced, Support & Custody"
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#300602.01
Q:
I don't even know where to begin, so here
goes... When I was 17 years old I met a man where I was working a summer
job trying to pay for my car. I was still in high school, had my senior
year to go. He was 32 at the time. Maybe I was enamored that a man would
show me the attention he did or that I just sought the type of intelligent
conversation that he could give me, but of course, it led to sexual
activity and eventually getting pregnant. My parents advised us into
getting married, which we did. During the first year of marriage, it
wasn't so bad, but everything began to get tense. My ex husband decided to
take a job as a truck driver and would be gone for weeks at a time,
sometimes leaving the baby and I without even a dime in our pockets, no
milk or formula, and he would take the only car that we had. My
parents had to bail us out many a time in the winter when there was 3 feet
of snow and the oil barrel ran out that heated the 2 bedroom trailer.
When my daughter was 7 months old I became pregnant
again and had her in March of 1996, we moved shortly thereafter to a
trailer on his parents property in NC. The nightmare began there. My ex
suddenly stopped doing any of the few things that he did do around the
house, we were left in the winter with pipes freezing and bursting, pumps
breaking, no car sometimes, and very little food in the home. I was
determined to hold the marriage together because I wanted to prove that I
hadn't married him simply because I had gotten pregnant and messed up my
life. My father had to eventually give me the only car that I received and
even it turned out to have problems. My ex would not see that it was
fixed. It had a broken A-frame which is very dangerous on a car. In the
meantime I got a job at the local Hardee's and was working there sometimes
double shifts, leaving my babies with his mother who was 62 at the time
and topped out at over 400 pounds. Needless to say, there was many a time
when I went to pick them up that they had not had a diaper change all day,
or they had splinters in their hands and knees from crawling on their
rough wood deck on the trailer, it was also completely infested with
roaches and mice. His parents had a barn behind the trailer with huge
animals, mostly hogs. The drain off from the barn ran directly underneath
the trailer, and they would throw their garbage off the side of the bank
near to their home, into a small stream that eventually led to a pasture
holding about 200 head of someone else's cattle. After receiving the car
from my father, my ex decided to buy himself a new truck, a Nissan extend
cab, 1997 at the time. It was $26,000, the way that I found out was he
asked me to take him somewhere after work, and I did. When we got to the
city he looks over to me and states that he is going to buy a new truck,
that my name isn't going to be on it, and that I'm not allowed to sit in
or ride with him anywhere.
Shortly after that I found out from some of his family members that his
father, who lived on the same property was a convicted child molester in
Buncombe County, NC. I never took my children back there and fearing that
something already happened I took them to the doctor, and was relieved to
find out they were okay, I guess he had never had the opportunity. Not
long after that when I was at their home helping to feed some of the
animals because his mother was sick, his father accosted me in the barn
and tried to molest me. He pushed me into some wire cages and I received
scratches all up and down my arms. I managed to fight him off and ran
home. Upon telling my ex husband, he of course, didn't believe me. I had
left a few scratches on his father and told him to take a look at them,
and when he questioned his father, he told him that the animals had
scratched him.
I suffered there for another year because I didn't have any money or
anywhere to go. His father started stalking me, hanging out in the woods
behind the trailer, watching me through the windows, I kept a large bush
axe beside the bed at night from fear. Someone gave me a dog that I
trained to bark at strangers and I think she would have even bit someone
if provoked, when she was about 8 months old, my dad found her and another
dog that I had dead in the woods. My ex started abusing stimulants to stay
awake driving. I found a bottle of white crosses (not illegal in NC, sold
over the counter) in his duffle bag. At the end of the time I was there I
found out he was sleeping with someone else and I refused sex with him.
For 4 more months I stayed, working as hard as I could to make money so I
could leave. He didn't touch me until April 28th of 1998, he came home at
2 am, I had worked a double shift that day from 4 am to 9 pm, the kids
were sick and I had lain them on a sheet on the living room floor with
their sippy cups of cold water so they could get up to run to the bathroom
if needed, I awoke to him on top of me, I was on my stomach, he had
covered my head with a pillow and had both my wrists in one of his hands.
He was 6'3 and topped out at 260 pounds, he randomized me. I stayed up the
rest of the night, in the bathroom. Scared out of my wits. If the kids had
woken up, they would have seen what he was doing.
Two days later, I left when he was gone on a truck run to California. My
parents helped me leave, I sold the furniture out of the trailer to help
fund the rest of what I needed. I went to the doctor and had to have
sutures and creams for my injuries, the doctor knew what had happened. I
pressed charges, but was told by the police that because I was married to
him that they couldn't do anything, especially if he denied it.
Nothing was ever done. The custody battle over the
children was horrific. 6 months after I was gone, I agreed for my ex to
take the children for a weekend outside of court because they begged to
see their father, the first time, he returned, the second time. He
didn't..3 days later I was served with papers 2 days after the court date
that he had temporary full custody of the children. For 7 months I fought
to get them back. They established a custody order that made me have to
take the kids to him over 50 miles away and go and pick them back up. They
retained jurisdiction in NC, even though I lived in TN longer than 6
months. My ex stated to the courts that he was dating someone that he had
been dating since the day that I left. He admitted to the rape on the
stand in front of the judge during the custody case, even stated that the
courts couldn't do anything about it, and they didn't.
There was never any support ordered. They ordered
that I had to remain in TN or NC in any county adjacent to him, they
ordered that I couldn't have any alcohol in the house, though I had never
drank. They told me I couldn't have anyone stay the night that wasn't
related by blood or marriage, even though my ex did, on several occasions
he was caught doing just that. He constantly harassed me, wouldn't show up
for his visits, or would change the weekends to suit him. Having
gotten fed up with this, I left for Washington DC to follow a job offer
that had been given me in Baltimore MD. I stayed there for nearly a year,
he didn't contact me, though he knew my number, and had access to my
parents.
Before Christmas I was contacted by a sheriff of that county and ordered
to return within 48 hours, which I did. He took out another case against
me stating that I left and applied for custody of the children. During
that Christmas visit, he did not return them, although he didn't have
custody, and he did so based upon influence by his attorney. I went to a
daycare a few days later and picked them up and took them home. When
served with the court papers, one of the items stated that I had accosted
with the children back to TN, even though I had custody. Finally when
heard in court, I had evidence to prove that he hadn't shown for visits,
calendars, journal, pictures of the kids in Maryland and in Tennessee to
prove that they were thriving, report cards, teach reports, doctor's
records, everything that I should have needed, but I was told that it was
the opinion of the court and his religious opinion that I was dating
someone and living with them, even though I live in a section 8 apartment,
because I don't receive support, and can't have someone living with me.
They couldn't even pronounce my boyfriends name, he is from India, and the
whole affair seemed very racist. They retained jurisdiction yet again in
NC, even told me that I had to go to wherever the judge was in the
district for the next appearance in August, they granted the children
remain with me until the end of the school year, which is in just a few
days, and then they have to go to my ex for the entire summer, and see a
psychiatrist to find out whether I lied about a man living here.
All of this they are basing on nothing and no evidence by my ex other than
his word. They only ordered support for 2 months and only enough back
support to cover the amount paid to me by the state of Tennessee in AFDC,
which hasn't been that much. I had quit using them after receiving work in
Maryland. It only equaled to $4,000 of the $22,000 that I felt he owed.
This case from beginning to end has been one big mess and hasn't went the
way that I have known everyone else's to go. My ex is now remarried to the
then girlfriend, has 2 new sons, and a stepson, all living in a 2 bedroom,
tiny, trailer, with 2 bathrooms, one of which has the floor fallen through
to the ground. The 13 year old stepson sleeps in the same bedroom with my
two little girls and has some sort of problem with him.
Now, I guess you are wondering after stating all this what I would want.
All I want is for someone to hear this story and I would have the peace of
mind that knowing it isn't just me that feels this was completely wrong. I
have been told by that court that people that aren't married can't live
together according to their law, but I live in TN, have been for more than
4 years. How can that law apply to me? Please, if you have any help out
there for people in my situation. Please help me. I am at my end, don't
know what to do.
At the end of this summer, if they don't like the evaluation from the
psychiatrist, they could take my children away and give them to him. I'm
afraid for their safety, there hasn't been an order of Protection against
the grandfather who was convicted of child molestation, I'm even unsure of
my ex's character. I have to do what the courts want. I can't deny that,
but is there any way, or anyone that you know of that can help me? I
love my daughters, I have tried to give them a life outside of what I
married into, they have gymnastics and extracurricular activities, I tried
to give them something different by taking them to Maryland, make them
more knowledge about the world. Right now I don't know what to do. I've
read some of the stories on here, it's very touching, and the help you
give is excellent. So I hope you have something in the bag for me. Thanks.
Deborah
A:
Dear Deborah, Thank you for sharing your story with us.
It likes a nightmare to see what you have been going through. I admire
that you are still strong and make your life better every day. Many others
would given up or didn't know what to do. We share the stories in the
office & almost everyone got tears in their eyes. You have gone through so
much that I can't believe if there is anything else that is matter to you
or could hurt you anymore...
It's so sad to hear how much you had to struggle
over this. I don't know what else or any advice that I can give you.
Remember that if you can survive this far, you can do it. Since this is
involved with the law, I HIGHLY suggested that you should consult with an
attorney or a counselor from your county. You can't win this battle by
yourself. And yes, life can be unfair sometimes. It doesn't matter how
struggle you are going through, the law is the law & it's based on all the
technicality. In order for you to keep your daughter, you need to pull
yourself all together and think very thoroughly. You have nobody but
yourself & so be extra careful of anything you do. In order to do that,
make sure you have a good record of working. Good friends that are willing
to testify for you if you need them. Proof of all the abuses such as
hospital documents, or anything like that to prove to court. Like I said
earlier, no one would believe you if you don't have any proof. It's all
about technicality.
Prepare yourself for the WORST. What would you do if
you loose the battle? Lower your expectation, but be optimistic about it.
Calm yourself down so that you can be more focus & concentrate.Again, you
need to obtain an attorney. If you can't afford one, contact your local
city for public advice.
All I can do is to wish you the best and here is a
few links that you any need to contact for more information. You can go to
the RESOURCES section on our Web site to check out all the information
that may be helpful for you.
Take care & best wishes to you.
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