When does a father get custody? Or even peaceful visitation rights?
I am posting today for a family member that is basically at whits end with the judicial system. Here are the facts pertaining to the current situation and the ability of the mother to provide the correct care.
Both the father & mother were never married, they dated for a brief time, the mother then came back 9 months later and said he was the father. The father never questioned perternity and loves the child. She is now 12 years old. During the 12 years he has supported his daughter without question.
Over the past 2 years circumstances came to light on the best interest of the child so he went back to court to obtain custody and left with additional visitation rights. This is when all hell broke loose with the accusations from the mother.
The circumstances that invoked the custody proceedings from the father are:
The mother is a drug user:
The child had missed 56 days of school:
Is failing all subjects at the present time:
The mother works at a DR's office and forged absentee notes for the missed days of school:
At the time (10 years old) the child was left unattended
after school:
The mother has taken in transient borders for rent, pretty undesireable people from her affiliation with drug use:
The child did not have a bed or heat for approximately 2years:
The mother forged documents and with the help of her sister at a local bank moved over 96,000 from the childs trust trust fund for personal use:
Social service visits the mothers home and evaluates that there was food in the refridgerator so everything is fine.
This is only scratching the surface, what transpired at court was that the father was given additional visitation rights with the mother having custody. The mother was mandated to rehabiliation after a court order for drug test be performed. She tested positive for marijuana & cocaine. She has since dropped out of rehab.
The court also mandated that the child have scheduled visits with a therapist, the mother allowed 2 visits and has taken her out of therapy.
The mother continues to heavily influence the child that her father is no good, has made accusations of sexual misconduct and has had child protective services involved. She is a perpetiual liar and has discussed openly that she will do and use any means for the father not to have visitation, she is basically using the child as a pawn in her game.
Most recently she has made accusations about physical violence between the child and father an obtained a court order of protection. Now he can not see his child until the next court date.
In reference to her accusations about physical violence I was a witness to the fact that did not happen. The mother called the child on her cell phone while on visitation and we do not know what transpired on the conversation but at midnight the mother and her sister showed up at the home trying to forceably enter stating that the child called her and said she slit her wrists. If that were the truth why would the mother pick up her sister, get in the car and drive 45 minutes to the house? It was a set up, a plan to get her child to go home with her.
During the 2 minutes of confussion, all the father did was demand to see his childs wrists in which she did not want to show him a tripped and fell, the mother claimed from the outside of the house that the father pushed her to the ground, thus the order of protection.
I am sorry to take up so much of every ones time here but thought some of that may be helpful in understanding the mental capacity of the mother but the courts will still sway to leaving custody with the mother.
When is it enough? Will it end up with the courts failing another child?
The father has not obtained a new attorney and will spend another 30,000 trying to at least get peaceful visitaion and my suggestion is that he should go for custody again.
We are looking for any kind of advice from folks that have been down this road to give us hope.
Our sincerest thanks for any advice you can provide.
I am posting today for a family member that is basically at whits end with the judicial system. Here are the facts pertaining to the current situation and the ability of the mother to provide the correct care.
Both the father & mother were never married, they dated for a brief time, the mother then came back 9 months later and said he was the father. The father never questioned perternity and loves the child. She is now 12 years old. During the 12 years he has supported his daughter without question.
Over the past 2 years circumstances came to light on the best interest of the child so he went back to court to obtain custody and left with additional visitation rights. This is when all hell broke loose with the accusations from the mother.
The circumstances that invoked the custody proceedings from the father are:
The mother is a drug user:
The child had missed 56 days of school:
Is failing all subjects at the present time:
The mother works at a DR's office and forged absentee notes for the missed days of school:
At the time (10 years old) the child was left unattended
after school:
The mother has taken in transient borders for rent, pretty undesireable people from her affiliation with drug use:
The child did not have a bed or heat for approximately 2years:
The mother forged documents and with the help of her sister at a local bank moved over 96,000 from the childs trust trust fund for personal use:
Social service visits the mothers home and evaluates that there was food in the refridgerator so everything is fine.
This is only scratching the surface, what transpired at court was that the father was given additional visitation rights with the mother having custody. The mother was mandated to rehabiliation after a court order for drug test be performed. She tested positive for marijuana & cocaine. She has since dropped out of rehab.
The court also mandated that the child have scheduled visits with a therapist, the mother allowed 2 visits and has taken her out of therapy.
The mother continues to heavily influence the child that her father is no good, has made accusations of sexual misconduct and has had child protective services involved. She is a perpetiual liar and has discussed openly that she will do and use any means for the father not to have visitation, she is basically using the child as a pawn in her game.
Most recently she has made accusations about physical violence between the child and father an obtained a court order of protection. Now he can not see his child until the next court date.
In reference to her accusations about physical violence I was a witness to the fact that did not happen. The mother called the child on her cell phone while on visitation and we do not know what transpired on the conversation but at midnight the mother and her sister showed up at the home trying to forceably enter stating that the child called her and said she slit her wrists. If that were the truth why would the mother pick up her sister, get in the car and drive 45 minutes to the house? It was a set up, a plan to get her child to go home with her.
During the 2 minutes of confussion, all the father did was demand to see his childs wrists in which she did not want to show him a tripped and fell, the mother claimed from the outside of the house that the father pushed her to the ground, thus the order of protection.
I am sorry to take up so much of every ones time here but thought some of that may be helpful in understanding the mental capacity of the mother but the courts will still sway to leaving custody with the mother.
When is it enough? Will it end up with the courts failing another child?
The father has not obtained a new attorney and will spend another 30,000 trying to at least get peaceful visitaion and my suggestion is that he should go for custody again.
We are looking for any kind of advice from folks that have been down this road to give us hope.
Our sincerest thanks for any advice you can provide.
