My ex is in an abusive relationship
Recently my coparent and i settled in court, a family offense was filed for a “be nice” order which has been violated by his girlfriend now 3 separate times.
My ex is a bit of a mess, after our separation he seemed to spiral a bit. Got into a big legal issue and was arrested. He pretty much abandoned our son for an entire year, rarely seeing him BUT given the circumstances of his life i knew it was probably best our son was distant from him. Our son is now 4, not long after his 3rd birthday his father reappeared wishing to rekindle his relationship with his son. I obliged. I’m not trying to keep my son from his dad at all for no reason. But i believe reasons have risen to the point i can’t keep ignoring them.
My issue is im in NY, my lawyer basically told me that New York family court operates as a reactive court not a preventive court. They’re not going to push an order through on the possibility my son might come into harms way.
My ex has a new girlfriend and their relationship is extremely volatile, my ex was and is a very mean man. Things rarely escalated to physical on my part however there were many instances where i wanted to, he was mentally and emotionally abusive. When i filed the original order that was just recently settled, he only has our son for 4 overnight visits per month. And one hourly midweek visit. However this order was established and set in motion BEFORE this new girlfriend appeared. I brought up some concerns to my lawyer but she stressed that they’re not going to take my son from his dad completely if my son has not been harmed. I just don’t see how they don’t view my son WITNESSING OTHERS being harmed as an issue worth considering revocation of overnight visits. When i filed emergency custody with no overnights because my exes girlfriend threatened to literally kill me, it was denied. I’m not sure if you could understand my reasoning that because she wants to harm me I’m in fear she’d harm my son in some retaliation tactic and given all that my ex has let her get away with up until now… would he protect my son? I don’t know. He’s made his choices, i can’t change them. But they don’t reflect a father that would stand his ground against his girlfriend mistreating his son.
I’ve learned that last month, my ex needed to get 14 stitches in his head because his girlfriend hit him over the head with a glass liquor bottle. She is clearly violent BUT my ex didn’t file charges, and i doubt he’d go on the record and admit she did that. So my worry is i file in court alleging they abuse eachother and it’s not an environment my son should be in overnight (they drink… a lot. They’re alcoholics and I’m sure that has ALOT to do with these fights) and i air all their dirty laundry, make myself look like a petty cunt, and then they retaliate once i lose. My biggest fear is retaliation. And with their history i don’t think it’s irrational to have these concerns. I would still offer him to see our son all day saturday, with more frequent hourly visits after school. I’m not trying to take my son completely because that would break my son’s heart, but i don’t think his dad is capable of having him any more than what i feel is best.
My son has told me he doesn’t like the new girlfriend, that he’s babysat by his aunt atleast one night every weekend he is there. He doesn’t have his own room due to his new step siblings having his room at his dad’s. Last time i sent him they got him late, so he was dressed in pajamas and a pull up (he doesn’t experience nighttime dryness yet) and i got him back the next day because they were giving up their extra night. He was in the SAME PULL UP even though i packed clothes for the day. When i asked my ex said “he just didn’t want me to change him”. He’s just incompetent and choosing a toxic relationship over our sons well being and i want to step in, but i don’t want to open a can of worms and it amount to nothing.
Sorry for the novel. Words of encouragement appreciated. Please think of my 4 year old mostly… because this is HIS life. It sucks so bad