- Jurisdiction
- Delaware
So I had a court case, my EX had the children taken away from us. I am a trucker so I am rarely home or in the area, maybe once a month. Now DFS attacked my EX for the cleanliness of the house while they went after me for saying I handcuffed my child (fake handcuffs, they were only toys). I fought the case of course because I had nothing to do with the cleanliness of the house, I didn't live there. I was on the road making money to support my children (by on the road, I travel across the country delivering stuff in an 18 wheeler). So with that said, I brought in proof that the handcuffs were fake, won the issue against me with the handcuffs. DFS attacked me on this, didn't expect this since they didn't know it was coming (they filed against me without asking, then asked thinking I would disclose everything to them but I withheld this on purpose because I didn't trust them at all). They failed to investigate, not my fault. I won the handcuff issue and made an issue that the initial investigator wasn't there who filed the paperwork and I had the right to face my accuser. The judge said it wasn't a criminal trial so it didn't apply. Now her judgement is where things get sketchy, she found me on one account of neglect saying, "I was the pictures, you should have taken them out of the house!" Here is the issue, the case was heard after the inital investigator showed her pictures of the house but these pictures were never presented in court during my case and I specifically wanted to question this investigator but she wasn't present so the judge said I couldn't. So this investigator got to present evidence against me that I never seen, still haven't seen, and determined the judge's ruling. I want to confirm that this is a huge breach of my legal rights with someone who knows more about the law then I do before I proceed to file against her and an appeal for the case. The house in question, it was messy now and then, but I also witness them always cleaning it up and I never saw anything that I felt was a danger to my children. Yes, I didn't like the mess and I said things but it was mostly paper. No food or dangerous items, just the kids making a mess. There are 4 kids in the household, 2 are mine, 2 are legally not but I consider them family, calling them my nieces. I never once felt there was any reason to pull them out of the house because of a danger to their well being. I never saw these pictures even today!