Is there any kind of background check required before custody is awarded? Mother petitioning for custody is currently on SSI Disability (100%) for a mental health problem. Father got hustled into taking a "sex offender" plea deal. He should have gone all the way to trial as the child recanted ( not once but 3 times), but Ga has some law about disregarding recanted statements because coercion is a huge problem in these cases. Ga. also has a 25 year minimum sentence for each count. He would have been looking at 50 years because the DA jacked it around so it fit 2 categories. His lawyer told him given that he would probably get a hostile jury it would be in his "best interest" to take this wonderful deal:nuts. Did I mention this lawyer he got had never even tried one of these cases?
He took the deal because his wife isn't even supposed to be with the children without supervision, and he thought that by taking the "deal" he would be able to get back home and keep his kids from being put in foster care. He had no idea of what he was doing to his life, his full concern was his children.
She moved to NY in January, his 1 year sentence that went with the deal is due to be up in Oct. He was declared a level 1 offender. After 3 months of living off the family here she made wild accusations to social services about the living conditions and was given a 3 bedroom apartment at the taxpayers expense. (The situation with social services was dismissed when they discovered there were no grounds for the charges)
Now she has filed for sole custody and a restraining order forbidding him any contact with his kids. Her whole reason for this is so she doesn't have to move out of this brand new apartment. She has also started working on the other children to say their father molested them too. As a repeat offender he would be doing life. So far the children have refused to play her game, but they do get punished for doing so. The family was told that as long as she has some kind of supervision we can't file for protective custody of them.
This is a royal mess, and it goes for a hearing Aug 12th. He can't be there to defend his side, and the judge refuses to postpone it until his release.
If the court does a background check on her they will also find documentation that she has a history of abusing cocaine. Since she grew up in Fla they have an extensive file on her. The daughter that made the accusations refused to move to NY because she hates her mother. She's living with an aunt. If she gains full custody it will be a living hell for those children. We don't want them in foster care in Orleans county. The people there make a living out of raising foster kids, and not because they like kids.
He took the deal because his wife isn't even supposed to be with the children without supervision, and he thought that by taking the "deal" he would be able to get back home and keep his kids from being put in foster care. He had no idea of what he was doing to his life, his full concern was his children.
She moved to NY in January, his 1 year sentence that went with the deal is due to be up in Oct. He was declared a level 1 offender. After 3 months of living off the family here she made wild accusations to social services about the living conditions and was given a 3 bedroom apartment at the taxpayers expense. (The situation with social services was dismissed when they discovered there were no grounds for the charges)
Now she has filed for sole custody and a restraining order forbidding him any contact with his kids. Her whole reason for this is so she doesn't have to move out of this brand new apartment. She has also started working on the other children to say their father molested them too. As a repeat offender he would be doing life. So far the children have refused to play her game, but they do get punished for doing so. The family was told that as long as she has some kind of supervision we can't file for protective custody of them.
This is a royal mess, and it goes for a hearing Aug 12th. He can't be there to defend his side, and the judge refuses to postpone it until his release.
If the court does a background check on her they will also find documentation that she has a history of abusing cocaine. Since she grew up in Fla they have an extensive file on her. The daughter that made the accusations refused to move to NY because she hates her mother. She's living with an aunt. If she gains full custody it will be a living hell for those children. We don't want them in foster care in Orleans county. The people there make a living out of raising foster kids, and not because they like kids.
