In November 2008, I moved out of my home and left my son with my parents and wife. I messed up. Royally. I understand that part. We went last week for our custody hearing and the judge gave the ex custody. In his letter of opinion, he stated:
"The plaintiff's [me] work history reveals that he has had numerous employers over the past three years."
Yes, I have. However, in the past three years, she has held one job, which she did not obtain until/about August 2009. I have been employeed without a lapse in employment fer the past three years, only changing jobs when I had a better job offer.
"It is evident that the defendant has been the primary care giver of the minor child since his birth."
Not really. She left our son with my parents in February 2009 to go live with some guy she met on the internet. At that time, I moved my son in with me (feeling he had been abandoned), where he lived until a primary custody hearing was held in June 2009.
"The court is converned about the defendant's inappropriata internet activities [member of a website aimed at allowing people to meet up for sexual activity without having actually known each other] and chat room conversations [100+ pages of yahoo instant messenger logs containing extremely sexual explicit chat, including telling the person she was chatting with that he would be my son's new daddy, pornographic pictures being distributed] with other male individuals The evidence indicates that this activity took place in February 2009. The defendant denies that she continues this type of activity [yet her profile on the adult website is still up and active]. According to the defendant, the plaintiff also had a problem with internet pronography prior to their seperation. The evidence at trial appears to indicate that both parties have ceased [!] to indulge in this type of activity."
I never viewed internet pornography, prior to, during, or after my marriage. But I also know that I cannot prove this.
"Both parties shall refrain from participating in any inappropriate texting or internet chat room activity. The child shall not be exposed to second hand smoke in any residence or vehicle."
Again, her adult website profile is still up and active. Her parents both smoke cigarettes with him in the room and car. Her mother smokes marijuana with him in the house. I can't have him drug tested, though, because the local clinic isn't open on weekends.
The judge explicitly told her, in court, that her profile on the adult website must be down within 24 hours. Yet she denied that it was even hers. She denied the yahoo messaging and the pictures, too. I have the ability to file for an appeal and get the case heard under a different judge; one slightly less biased, as this judge is good friends with her lawyer (they play golf together every weekend, they used to be partners in the same firm). But as a father, what can I do? Should I have my lawyer draw up a petition to charge her with perjury (we can prove she is lying about almost everything she said in court) and contempt?
