Primary Custody Challange HELP!

[up2itnow]

Colorado and Minnesota
My bullet proof ex was allowed to move to MN from CO with my kids even though she is on intensive probation for a DUI w .23 BAC. I recently called the local authorities to do a wellfare chck on kids and she admitted to drinking to them even though it's a violation of probation. I reported her to her PO. Now I found out that her new boyfriend, all but live in,is a 5x convicted felon (2x for domestic violence) who just got out of prison last fall. I freaked out and had a 3 three day verbal/texting argument trying to get her to see the risk. Then when I went to pick up the kids for visitation she slapped restraining order on me. Aside from the multiple unwanted txts and calls, the rest is all trumped up BS. (I have 1 mist domestic '01).
Can I get the RO dropped against me since it's mostly retaliatory for me reporting her to her PO and calling the cops?
Can I challange primay cust or pull a restrain order on him from kids or???

I am really concerned about my kids safety around this guy and their alcoholic Mom so I am looking for any avenue to get them out instead of waiting for him to actually hurt them first. Please help!
The magistrate in charge of the case is a piece of work and doesn't like me. So I need a slam dunk to win, stinks!

 

[Proserpina]

What EXACTLY is he convicted of, and when?

The fact that he's been out since the fall and hasn't harmed the kids does not bode well for you - it actually indicates that he represents no threat to the kids. There's no reason to get a restraining order against him OR her - and believe me, if you try that route it will be seen as you being the retaliating party. You don't want to go there.

As for the RO - that will likely stand. Going into a 3-day text-fest because you are freaked out by something Mom has done is not reasonable behavior in the eyes of the court.

Basically Dad, I can't see you getting custody OR having anything on Mom UNLESS you can articulate that there's an actual threat to the kids. Or that the boyfriend is a convicted child molester or something similar.

 

[up2itnow]

His felony charges are two driving offenses and 2 domestic assault charges. He served 28 months in prison for the second one. The in Jan he had a Misdemeanor, Assault-5th Degree, interfering someone from calling 911.

The Ex has only been see him for a month or so.

The only thing I have at this point is the police report that says she was drinking with the kids there and in violation of her probation terms. I guess the only thing I can hope for is that she comes up dirty on a couple more UAs and they revoke her. If she ended up in jail maybe I can actually talk the magistrate into giving me primary care. Ridiculous

 

[Proserpina]

(I hope you don't mind, but this does give more info)

You wrote on another site:

I know it was a bone head move to freakout calling and texting. I had just discovered his extensive record and couldn't believe that she would settle on a guy with no job, no license, fresh out of prison, He has a couple of felony driving offenses and two DV felonys one violent.
I sent the police report to the PO that states she was drinking with the kids there and in violation of her terms of probation. I also presented them with some undiscovered info. She was charged for DUI #1 but it is really #3. She has 2 weekend stays in detox and 1 in jail for detox. I also included several text messages from my kids stating that she was drinking on seperate occaisions. So the PO put her on the color phone in UAs, Intensive probation and she has to attend a relapse program.
On the RO the closest thing she has to a threat is against him "if he hurts you or the kids I will make prison seem like a picnic." All the other texts were me telling her that I care about her and the kids and don't want someone like this to end up hurting them. I just sent way too many in the heat of discussion. She stated that she told me not to call or txt again but I can prove she has said this on several times and then gone back to talking to me. I have a back up of most of our txts.
During the divorce negotiations neither one of us had an attorney. She threatened to turn me in for a using false ID back in 1992, through out out divorce so I ended up giving her the right to leave the state. Later, when I could afford an attorney we found out the old charge had been vacated and we tried to keep her here saying she blackmailed me into signing against my will. The magistrate accused me of perjury because at divorce decree the judge asked if I signed the agreement of my own free will and I reluctantly said yes.
She then called my case frivolus and ordered me to pay the Ex's legal fees too. She was allow to proceed with her move to MN.
So basicly it sounds like I am screwed...again.

I think the bolded/underlined part have really, really, seriously damaged your credibility in court and that's likely what has sunk you - and done the opposite of endearing you to the magistrate.

If that's actually what your attorney advised you, I'd be seriously wondering if you don't have a case against him/her for malpractice!

But that aside, unless you can articulate a threat to the welfare of the children I cannot see either custody being changed or anything else happening.

Sorry, Dad.

(I actually do empathise to a degree - it's NOT nice waking up to find out your kids are being exposed to a multiple felon!)

 

[up2itnow]

Thanks Again. I guess my only hope is that she will come up dirty on her UAs and have her probation revoked. Maybe if she were in jail, the magistrate would consider me the more stable parent. Ridiculous!

Can you elaborate on the malpractice like why and how I go about investigating it? THX