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Absusive Ex Won't Abide By Parenting Plan-can I Keep Kids Until Court?

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He went 6 years skipping visits and letting the kids down. Really hurting their feelings once they were old enough to realize. Then suddenly after I dropped child support and thought he would drift away he decided to exercise that 50/50 by keeping the kids for prolonged periods. He hasn't had a job in over a year and just suddenly wants the kids even though he has told me he doesn't like having them. He has caused health issues in one child and severe behavioral issues in the other. The parenting plan which he has ignored this entire time states he should have the kids no more than 4 days. If he doesn't abide by the plan do I need to? He has showed an inability to keep the kids clean and groomed, made one child miss out on something fun when she's already struggling emotionally with this- she's had 20 bad remarks from the teacher on his days and 2 on mine (one being the morning she woke up and immediately told her sibling they had to go to dad's that day).

I think its a control thing with him, there absolutely has to be a reason why he suddenly did this because I know he doesn't really want to take care of them the way I want to take care of them. He has told me that much. When he has them he also has several other ladies in his family take care of them instead of him but that's really not my business as long as they are tended to.

He also doesn't play with them. It's like emotional neglect almost.

He also finds things out about me that there is absolutely no way he should know and I'm not sure how. For instance I was trying to make a CPS report on my phone and I didn't tell anyone, not a soul, I found out he was still drinking a driving with the kids in the car (he wrecked recently while drunk but didnt get caught because someone helped him and has DUIs). Well submitting the report continously was blocked with error messages and then the next time I saw him he was so angry he acted like he was going to punch me-there had been no issues that week until I attempted to submit a CPS report. I ended up calling in the report after that happened. I'm always worried about making him angry because then he will be meaner to me and the kids but its past that point, I have to protect them.

With all of that said because of other things he's done, past history of violence I'm barely hanging on. He is a solid 90% of whats causing a bad depressive episode I'm trying to break out of. If I could just block him until we can get in front of a judge the kids and I would be so much healthier.

The health issue and behavioral are all documented- could I ask for an emergency hearing based on these issues?

I previously contacted Legal Aid they said they could advise me but not represent and then didn't send the contacts I asked for and then sent a letter saying they wouldn't advise anymore because I never reached out again. He has an attorney which also scares me because I won't have one and last time we went to court his attorney lied through his teeth.

Location: is WV, USA

submitted by /u/an0nm0m
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