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Main Forums => Father's Issues => Topic started by: DrewW on May 29, 2009, 07:39:09 PM

Title: in between DRC recommendation and judges decision, good dad needs help.
Post by: DrewW on May 29, 2009, 07:39:09 PM
I have been fighting a year long custody battle with my ex wife.  We recently had our hearing about 3 weeks ago.  I just received a letter from the Domestic Relations Commissioner siding completely with my ex-wife despite the fact that I can show my 3 year old daughter has a better environment and in measurable ways.  I am now going to see my attorney to file an exception to the recommendation sent back by the DRC.  I am not familiar with this and do not understand the impact of the DRC's recommendation.  Do judges find against the recommendations of their DRC's?  I know alot of fathers feel like they dont have a fair shake in custody hearings, especially with a female child.  When I can show in measurable ways that I have and have kept a better environment for my daughter and get a default "go to mom regardless" response like this, what options do I have left?  I am willing to go to the state supreme court in Kentucky or further if they will let me.  Do you really have to prove a mother completely unfit to get custody of your child?  I am willing for her mother to have joint custody with me being the residential custodian, but am amazed at this decision despite all the negative things that were brought forth about my daughters mother in contrast to my record of stability and love that I have worked so hard to keep for my daughter.  Is there any organizations out there that will go to bat for a good father battling an unjust gender bias?  I am in the midst of it now and any advice or help would be deeply appreciated.
                                 Drew W. - Ashland, Kentucky
                                  [email protected]
Title: Re: in between DRC recommendation and judges decision, good dad needs help.
Post by: Kent on May 31, 2009, 06:45:25 AM
First off,  Please keep in mind that your ex may be looking around here too, it is wise to not use your real name here. We've had that problem on multiple occasions already, and you don't want to give away your strategy.

Usually a judge will blindly follow the recommendations of a court appointed guardian or GAL. Not sure where a DRC falls into that.

You will need to proof that th DRC is completely wrong, and that is very difficult to do.
When you state that you brought up negatives, that may have hurt you. So what kind of negatives are there? Is it just that you believe you are a better parent, or is the mother bordering abuse?

Please provide more detailed information so we can provide better advice.

Kent!
Title: Re: in between DRC recommendation and judges decision, good dad needs help.
Post by: DrewW on Jun 01, 2009, 07:40:31 PM
Kent,

       Thank you for the reply.  The DRC is a domestic relations commissioner, Kentucky uses these as a means of hearing the custody cases and them forwarding on a recommendation to the judge who will have the final say so and sign into order.  90% of the time the judge follows the DRC's recommendation.  I met with my attorney today to see what my options were which were limited.  1)Do nothing - was not an option to me. 2) Negotiate a better visitation schedule by agreeing not to file an exceptions report - would put us in a visitation bargaining situation which visitation is easier to get fixed later, custody is not.  3) File an exceptions report, noting problems or errors in the DRC's recommendations.  I chose number 3, as I feel it is in my daughters best interest to be with me the majority of the time.  The negatives I mentioned were in good taste and only concerned parenting, nothing to do with our personal issues in the divorce.  My ex wife has no job and only goes to school part time to become a nurse someday, a course she has failed out of before.  I had previously put her through Phloebotomy school so she is a trained employable woman, but chooses not to work and is on various forms of govt assistance including housing and healthcare.  She failed out the first time due to grades but also cited a failed pregnancy by another man, unbeknownst to me while we had first started dating.  After seperating, she came home and played family with me and my daughter on several occasions, taking a family vacation with us in August 08' , and coming and staying with us as recently as January of this year.  She also became pregnant after our seperation by another man in November of 08', with a subsequent abortion.  During testimony she admitted to having men stay the night with my daughter present.  I argued that this was confusing my daughter coming back and forth and playing family with different men.  When her efforts at coming back home again failed the last time in January, partly in due to finding out about her most recent pregnancy, she made up charges on behalf of her and my daughter and filed an EPO which was later dismissed.  During that time she drove down and made a scene at my daycare and took my daughter away during my time and kept her for over 3 weeks without me seeing her.  We had been splitting time 50/50, only verbally agreed, but practiced for almost 9 months.  She has a history of mental health and physical health issues that relate to some of her rash behaviors.  She took my (at the time 2 yr old) daughter to a psychologist without my knowledge or consent, at a place her mother works at, with concerns over some of the odd things my daughter had been saying.  She kept her residence and multiple moves(3 residences in less than a year) a secret, as well as where my daughter stayed at times, and who my childs physician was up there.  Only through efforts by my attorney were these found out, and my childs physician is scared to write any prescriptions because our inability to coordinate health care and concerns for double dosing.  In contrast, I have worked very hard to keep the same environment for my daughter that me and my ex-wife picked out together.  My daughter has the same home she has always known.  My daughter has the same daycare she has always had, where all her friends go, where I actually went as a child myself.  She has the same pediatrician she has always had, an excellent one that was there from day 1 in the hospital for her.  I have a good solid job with a semi flexible schedule for making my childcare plan work as I am the one who makes the schedule at my place of employment.  I take her to the park, to the museum, to Gattiland, paint her nails, doll her hair up better than any woman, keep her physically healthy and happy.  She is very much a "daddys girl" in behavior and relationship, as testified to by my witnesses.  In my exceptions report my lawyer and I filed today, we cited the overwhelming evidence showing that my daughter had a more suitable and stable environment at home than with her mother and how that evidence had been ignored with no showing of such an environment by the other side.  Her side never even explained why they had a better environement for my daughter, in fact the DRC was rushing us through the hearing, seeming very frustrated to be there at all.  My lawyer mention in the exception the "unwritten practice" of a female child going with a mother regardless of circumstances, and how it has been shown unconstitutional for decades now.   Now I sit and wait to see if the judge will allow another non-evidentiary hearing to allow both (counsels only) sides to argue the exceptions cited.   Odds are I will face an unwritten wall that many fathers faced before, and be forced into the court of appeals.  Which from my understanding, the odds of getting something overturned become smaller the higher up you go as judges do not like to overturn other judges decisions.  I am in between a rock and a hard place trying to figure out why the deciding factors for custody law are not really practiced and how to get them to just go by their own rules and give a father a fair shake?  Most importantly, how to put a child where their best interests are served and they have the best possible chance at a happy healthy stable future?

                      Thanks..... DW - KY.
Also, do you know any groups that take on fathers rights issues in these types of situations??
Title: Re: in between DRC recommendation and judges decision, good dad needs help.
Post by: amymarie on Jun 11, 2009, 08:59:35 AM
DW - I don't have any advice, but wanted to offer you support.

My fiance and I had the same problem with our GAL (guardian ad litem).  She tried for 3 months to get ahold of the mother and couldn't but then told our lawyer the day before mediation that she was going to recommend that even though he was an excellent father, the mother should get primary (she hadn't even spoken with her yet!).  This was after she had already made the comment courts usually think girls should be with mothers and boys should be with fathers (which, apparently was her philosophy as well).

Fortunately, we settled in mediation, keeping 50/50 but with neither parent designated as primary. 

Good luck to you!
Title: Re: in between DRC recommendation and judges decision, good dad needs help.
Post by: gemini3 on Jun 11, 2009, 11:03:17 AM
Quote from: DrewW on Jun 01, 2009, 07:40:31 PM
Also, do you know any groups that take on fathers rights issues in these types of situations??

Talk to the ACFC.  If you have a solid case to appeal in higher court they might be able to help you.

www.acfc.org
Title: Re: in between DRC recommendation and judges decision, good dad needs help.
Post by: superdad01 on Jun 12, 2009, 09:14:24 AM
Truth be told it's all about the money and the people in charge here realise this. This crooked system keeps moving because the money keeps rolling in. They don't care about your child only the revenue they generate. That's what it boils down to. Mother gets custody = you pay..... You get custody = they know the mom will pay nothing.
Title: Re: in between DRC recommendation and judges decision, good dad needs help.
Post by: DrewW on Jun 17, 2009, 11:41:52 AM
Thank you to everyone for the advice or comments.  All other exceptions reports that were filed were denied, except for mine.  Apparently the judge did see something wrong, and there will be a secondary hearing on the exceptions report filed by my attorney previously, occuring in a couple of weeks.  The DRC made a recommendation, but the judge is waiting to make the offical decision until after that hearing.  There will be no new evidence introduced and I am not going to be present, my lawyer and my ex-wifes lawyer and the judge will be the only ones present.  This is a step back in the right direction, but still appears to be very much an uphill battle since the DRC's decision was so one sided.  All I can do at this point is watch and wait and pray for the case for stability to win out.  I will try to do my research in the meantime and prepare for an appeal situation if we have to, so any advice on that process from those who know or have lived through that would be appreciated.  Other than that, prayers or well wishes are also greatly appreciated.
Title: Re: in between DRC recommendation and judges decision, good dad needs help.
Post by: ksmarks on Jun 17, 2009, 04:07:29 PM
Drew, I will be sending you good wishes, keep us posted and keep your chin up!
Title: Re: in between DRC recommendation and judges decision, good dad needs help.
Post by: DrewW on Jul 04, 2009, 07:14:56 PM
The judge has kicked it back to the DRC now and now the DRC will have a second hearing with only lawyers present in a few weeks.  I dont know if this is common for the judge to give the DRC another opportunity to decide after a recommendation has already been given once before by him.  It will still have to go back to the judge to sign as the DRC doesnt actually have that authority, he just hears the cases and makes recommendations.  Im not quite sure how to take this and I hope its not to just slightly modify visitation, if you go by the states guidelines, it should be a shoe in if gender wasnt an issue here.  Half Glass Empty - the judge doesnt want to fool with it, they are just changing visitation days to days I am off work, or they are covering their butts that due time was given b/c they know an appeal is immenent..... I dont know.  I am choosing to go with Half Glass Full for now - The judge saw the DRC's "go with mom regardless" recommendation, he's not going to let it fly, and hes sending it back to his DRC to get it right this time.  Im hoping and praying at least.... and I am thankful that there wasnt just a rash blow through the system response, Im still in the fight and Im thankful to be here still fighting for my daughter.  Anybody familiar with a back and forth situation like this while still no "official custody" decision has been made yet?  Would love some feedback if anybodies ever heard of this or been through it.....
Title: Kicking it back to DRC
Post by: 4honor on Jul 06, 2009, 09:15:41 AM
I read the appeals for my state (WA) and most of the time when a judge sends something back to a commissioner, it is for them to either justify their decision based on the state statutes/guidelines, or to reconsider their decision.
Do you have a copy of the judge's order sending it back down to the DRC?  And will the same person at DRC be doing this?
Title: Re: in between DRC recommendation and judges decision, good dad needs help.
Post by: DrewW on Jul 16, 2009, 09:22:27 PM
I do have a copy of the DRC's recommendation and the judges report sent back to him.  It will be the same acting DRC reviewing.  The DRC's original recommendation was completely one sided and did not coincide with Kentucky State Guidlines for deciding custody, noted below.  He noted that we(my lawyer and I) cited exceptions to his report and since the DRC was the one that heard the testimony and the parties demeanor that he would send it back for his review.  Basically he didnt say whether or not the DRC had made an incorrect or correct decision, but a positive was he would not sign off on it and sent it back for review.  However difficult to seperate emotions from fact, I focus on the following.  A quick review of Kentucky State Law from my ongoing research tells me two things... 1) With the circumstances of my case along with similar decisions made by KY Supreme Court decisions, our case meets the guidelines set forth for custody and best interests of my daughter. *Torrence vs. Connell - May 09'*.  2) We need to get this right the first time before it goes to the court of appeals, in which case, the trial court will set precidence... see following.


Kentucky Rules of Civil Procedure (CR) 52.01 provides that
"[f]indings of fact shall not be set aside unless clearly erroneous, and due regard
shall be given to the opportunity of the trial court to judge the credibility of the
witnesses." A judgment is not "clearly erroneous" if it is "supported by substantial

evidence[.]" Owens-Corning Fiberglas Corp. v. Golightly, 976 S.W.2d 409, 414


(Ky. 1998). Substantial evidence is "evidence of substance and relevant
consequence having the fitness to induce conviction in the minds of reasonable
men." Id. (citing Kentucky State Racing Commission v. Fuller, 481 S.W.2d 298,

308 (Ky. 1972)).

With that noted, to bring the rest of you up to speed on my particular states laws so that I may gain better feedback and advice..... 

In determining how custody should be awarded between parents,
Kentucky Revised Statutes (KRS) 403.270 provides, in relevant part, that:
(2) The court shall determine custody in accordance with
the best interests of the child and equal consideration
shall be given to each parent and to any de facto
custodian. The court shall consider all relevant factors
including:
(a) The wishes of the child's parent or
parents, and any de facto custodian, as to his
custody;
(b) The wishes of the child as to his
custodian;
-3-
(c) The interaction and interrelationship of
the child with his parent or parents, his
siblings, and any other person who may
significantly affect the child's best interests;
(d) The child's adjustment to his home,
school, and community;
(e) The mental and physical health of all
individuals involved;
(f) Information, records, and evidence of
domestic violence as defined in KRS
403.720;
(g) The extent to which the child has been
cared for, nurtured, and supported by any de
facto custodian[.]'

Quoted terms from the Kentucky Supreme Court website above and mine and my lawyers review of them below that was presented in front of the hearing judge....

a: both parents wish for residential custodial status.
b: the child is 3 years old and will not be deemed appropriate age to have an opinion.
c: the child has a much stronger social support structure with her father as shown by witness testimony and pictures and related evidence.  24/7 daycare and support shown as well as the relationship between child and father several times over shown as the daughter being a "daddys girl". the same environment the child has always known, agreed upon and set forth by both parents during marraige maintained by the father. Only one witness came forth for the mothers side, whom also recognized the father as a "good dad".
d: the child has had multiple residential relocations with her mother, other men in and out of her life introduced by her mother, several different daycares.  The father has maintained the same house, same daycare, same pediatrician present at birth.
e: mother has had a history of physical and mental illness, continuation of treament for such terminated due to failure to show up at scheduled appointments.  repeated physcial stomach ailments that over the course of a year have still been difficult to diagnose and treat. (related to mental ailments??)
f: no domestic violence.
e: no defacto custodians.

Thanks for the continued support and advice......
Title: Re: in between DRC recommendation and judges decision, good dad needs help.
Post by: snowrose on Jul 21, 2009, 01:58:45 PM
I'm very sorry to say that to my knowledge KY is known for siding with the mother, almost blindly. 

As you've been living 50/50 for 9 months, you might ask the court to continue the current arrangement.  Courts tend to go for the status quo and, IMO, you have a better chance of keeping that then going for broke and possibly losing your current 50/50 with your daughter.
Title: Re: in between DRC recommendation and judges decision, good dad needs help.
Post by: DrewW on Jul 21, 2009, 08:50:50 PM
Maybe so, maybe not.  The law is on our side if practiced, I refuse to give up fighting for what I feel is her best interests, simply because the law has not always been followed as written.  The Torrence vs. Connell case decided by the Kentucky Supreme Court has very very similar circumstances to my own and the father won out with a female child.  As far as 50/50, her mother plans on starting her in school immediately against my wishes(still 3 yrs old), which would put me in a default limited access situation as she moved back to the maternal grandparents area an hour and fifteen minutes away.  However Im not sure how living in one place, going to school an hour away on one side, finally getting a job but it being an hour and a half away on the other side, and having another new male whos been around my daughter who lives here in my county in another hour and a half forming triangle around her newest residence, can be beneficial or where that leaves my child during all that back and forth?  A judge will have to see the contrast.  The laws are out there and in place, we'll pray for checks and balances in the system to work for now.  Half Glass Full. 
Title: Re: in between DRC recommendation and judges decision, good dad needs help.
Post by: snowrose on Jul 22, 2009, 08:07:25 AM
Quote from: DrewW on Jul 21, 2009, 08:50:50 PM
As far as 50/50, her mother plans on starting her in school immediately against my wishes(still 3 yrs old), which would put me in a default limited access situation as she moved back to the maternal grandparents area an hour and fifteen minutes away.  However Im not sure how living in one place, going to school an hour away on one side, finally getting a job but it being an hour and a half away on the other side, and having another new male whos been around my daughter who lives here in my county in another hour and a half forming triangle around her newest residence, can be beneficial or where that leaves my child during all that back and forth?  A judge will have to see the contrast.  The laws are out there and in place, we'll pray for checks and balances in the system to work for now.  Half Glass Full. 

A judge often won't fault a BM for having a relationship with someone.  They may not like it but they will accept it.  For us, it was accepted here that BM moved a guy in with her and SDthen5 after only knowing him 2 weeks.  That didn't even get a second glance from the judge.  :(

Then we brought in a Child Advocate who monitored both homes.  DH had been SD's primary caregiver most of SD's life and BM's home was found to be sorely lacking.  She didn't work with SD in school.  She didn't bathe SD a reasonable amount of time or clip her nails.  She allowed the child to abuse her puppy and let her play outside after dark.  We even had reports of the BF threatening to tear off the head of the child's toys.  All that got us was a recommendation of 50/50 custody - until the day the BF hit SD in the head and poked her in the eye, and then threw BM and SD out of the apartment.  Things had to go that far before we finally (with the help of CPS involvement) got enough on BM to swing things to our having full custody. 

The one thing I can suggest to you if you feel you have enough against BM to swing things your way: document, document, document!!!  We have some 80 pages of files on things that have happened - including statements by other witnesses - and 60 pages of them happened before we got custody.

I'm not sure what to thing about "school" for a 3 year old.  Usually at that age it's just a specialized daycare.  Check the qualifications and program of the "school" she'll be going to.  Could be that you could get an equivalent provider in your area for when you have custody of your daughter.

Good luck!
Title: Re: in between DRC recommendation and judges decision, good dad needs help.
Post by: DrewW on Aug 04, 2009, 07:27:59 PM
So my glass is a little less full today.  The DRC sent back his re-review of his previous recommendation.  He kept his original opinion and only slightly modified the visitation schedule to allow for a little more time during the summers.  It still has to go before the judge again, but even my lawyer has all but thrown in the towel and said it would be a waste of time to file another exceptions report after the DRC is saying he is going to stick with his recommendation.  This is about as dark as its got during all this for me.  I've got an old ways hard headed DRC whos been sending kids to their moms regardless his whole career, a lawyer whos lost his will to fight this case not to mention his bills that I am drowing in, and the only hope I've got is that a judge will see past historical norms and find whats best for my daughter even if it contradicts a guy he works with everyday.  I dont give a damn about my ex-wifes gloating and I told you so's or the lawyer bills or putting everything in my life on hold for a year and a half during this or the embarrassment of going through all this and losing or any of that stupid b.s..  I care about letting my daughter down, I care about not being a strong enough man to pull this out for her, I care about her life being less than it should be and our relationship being less than it should be, I care about her.  She is the best thing to ever happen to me and she is my purpose in life.  Shes the reason I wont give up.  Im still going to fight.  Please say a prayer for us.   
Title: Re: in between DRC recommendation and judges decision, good dad needs help.
Post by: DrewW on Aug 04, 2009, 07:34:36 PM
If the DRC's recommendation was flawed once and had to be sent back for review, is there a chance that a judge will find it flawed again?  Couldnt the judge have made the minor visitation adjustments himself without going through all this again?  Thats the main one thats eating at me and making me believe the judge disagrees with the guy.  How often does a judge make a decision contray to his DRC??
Title: Re: in between DRC recommendation and judges decision, good dad needs help.
Post by: snowrose on Aug 11, 2009, 02:22:32 PM
Quote from: DrewW on Aug 04, 2009, 07:27:59 PM
This is about as dark as its got during all this for me.  I've got an old ways hard headed DRC whos been sending kids to their moms regardless his whole career, a lawyer whos lost his will to fight this case not to mention his bills that I am drowing in, and the only hope I've got is that a judge will see past historical norms and find whats best for my daughter even if it contradicts a guy he works with everyday.  I dont give a damn about my ex-wifes gloating and I told you so's or the lawyer bills or putting everything in my life on hold for a year and a half during this or the embarrassment of going through all this and losing or any of that stupid b.s..  I care about letting my daughter down, I care about not being a strong enough man to pull this out for her, I care about her life being less than it should be and our relationship being less than it should be, I care about her.  She is the best thing to ever happen to me and she is my purpose in life.  Shes the reason I wont give up.  Im still going to fight.  Please say a prayer for us.   

Drew, I'll tell you the same thing that DH's lawyer told us when our recommendation was 50/50, even though BM was neglecting SD and the BF was verbally abusing SD.  He said, "You need to see this as the first step.  We're closer than we were."

For us, the entire process destabilized BM and her BF so much that they imploded and the strategic errors they made in their craziness gave us custody.  Keep your eyes open and document, document, document.  No telling where BM may slip up and give you a new opening.

BTW, if you love your daughter and spend quality time with her when she has visitation, there's no reason why your relationship should be less than it should be.  IMO.  Heaven knows, the time that DH spent with SD for a few years didn't lessen or damage the love they had for each other.
Title: Re: in between DRC recommendation and judges decision, good dad needs help.
Post by: DrewW on Aug 14, 2009, 04:33:04 PM
Well lifes got its shares of ups and downs for sure.  Some things are beyond my knowledge and ability to understand.  A few days ago I listened to a close friends advice and dropped my anger and my wall I had built up and Im giving it to God to do with as he pleases.  I think I had been struggling against him for some time with all this and my anger took away my trust that he's got the right plan for me and my daughter and despite all these hurtful turmoils theres a more important plan for each of us that will unfold.  Doing that doesnt take away my will to fight for what is right for my child, it just puts my trust and burdens on a stronger set of shoulders.  I contacted a realtor to list my house(pre-marraige purchase), made plans to put all my stuff in a storage center, and move in with my father so that I could dig in for the fight to come with appeals and put every cent I can towards my lawyer and this case.  Well wouldnt you know it... somebody came along and poured a little more water back into my glass for me.  The judge did not immediately overrule my exceptions report as my lawyer thought would happen, he didnt just change the visitation to my days off work as he could have, we are getting another shot in front of the judge for oral arguments.  This makes times 2 for this.  I have been trying this whole time just to get a fair shot, no unfair advantages, just a fair shot at this case and what is really best for my daughter.  I dont know what if anything will come of it, but its a whole lot better day than when I woke up this morning.  One more big push.  Please keep my family in your prayers.
                          D.
Title: Re: in between DRC recommendation and judges decision, good dad needs help.
Post by: Kitty C. on Aug 16, 2009, 03:35:46 PM
Wow, Drew.............

I think you've found what true forgiveness is all about!  And I think you absolutely have your mind and heart in the right place now, too.  I will certainly be praying for you and your family.

Many years ago, I had an eye that turned in.  HS was torture for me (it's been 30 years and I haven't been to a reunion yet), but while in CA and thru a certain set of circumstances, I was able to get the surgery I needed to correct it. The next summer, while visiting my parents, I sat them down and told them how I felt about it....that I did not blame them for not being able to do for me what strangers (to them) were able to do.  I told them that I truely felt God had bigger plans for me, that He needed me to go thru all that crap to learn to be strong because He obviously has big plans for me.  I told them I had no idea what that would be, but because of all the crap I had gone thru, I knew I would be able to handle it.

A year later, DS was born and a few years after that, we were in the middle of an interstate custody dispute and all that strength that I had built up came in very handy!  So you never know where life may take you, but if you put your trust in a higher power to help you carry the load, your outlook is completely different!
Title: Re: in between DRC recommendation and judges decision, good dad needs help.
Post by: DrewW on Oct 02, 2009, 06:10:20 PM
I am sorry to report the court system in Kentucky failed. 

The judge was not willing to overturn his DRC's recommendation, only slightly modified visitation.
A year and a half of our lives and tens of thousands of dollars, and we successfully went through "the legal motions" without ending up with a legal outcome.

I kept and showed "in measurable ways".  I cannot help my gender.  My daughter never cared about it, why should anyone else?  No historical/social norms, I am just "Daddy" to her.

Nobdody is saying on either side that I dont have more to offer my daughter right now, a better more stable environment, etc etc. 
Nobody has even been able to say why or support this decision in words, only that this is going to be the way that it is.

The right laws are out there, but if they are simply just not practiced, what is their purpose?

Most importantly, where do i turn next??
Title: CALLING ALL FATHERS
Post by: DrewW on Oct 26, 2009, 08:02:18 PM
CALLING ALL FATHERS.  After learning that the judge had informed both attorneys verbally at the beginning of the 2nd exceptions hearing that he would not overturn his DRC's recommendation, I also learned some more great news...... My ex-wife is pregnant once again(still only 1 child) and we're still waiting on a 100% positive ID yet on new dad to be, she's unemployed, failing out of nursing school program she failed out of once before, changed daycares more times than the many men who have had "sleepovers with mommy", still in HUD apartment housing (3 different "new homes" for my daughter just since leaving marital house) and no real promise of getting out of there or improving her situation anytime soon. But shes saying she's gonna "keep this one" this time. How noble... This surely must be the classic environment that the law describes as the "childs best interest"..... way to go boys..... My lawyer filed a motion to present new evidence with proof of all this, since the "chance" they are taking on a mom instead of a "sure thing" that the father was already providing, has now shown to be a quickly deteriorating situation. In classic family court form, the judge overruled the motion without comment. Guess short of a felony or my daughter getting physically abused, kids go with their moms here unless proven completely unfit or unless the mother abandons the child. I am just waiting on the order to come back now. Not quite sure how to term this legal question, but how does proof in measureable ways become appealable when the right laws are in place and just arent practiced?  When children suffer because of the failure in the system and the people enforcing it, who gives a damn? Im some schmuck from eastern ky that you will never know, never meet, and if you close your browser right now than you are back in a safe little world of norms where good triumphs always. I wish this was the case, but it is not. "The only thing necessary for the triumph of evil is for good men to do nothing." (English philosopher Edmund Burke) The only thing necessary for this cycle to continue is for good parents to do nothing about it. (that quotes on me) YOU WANT A CASE STRONG ENOUGH AND MESSED UP ENOUGH TO BLOW THE WHISTLE ON THE FAILURES OF THE SYSTEM, THEN CHOOSE THIS ONE. If you see something messed up in life, do we accept it or do we do something about it?? Life is not fair, but the point when we accept social injustices and when we stop trying to make the world a better place than what it is, is the point when we lose our purpose and humanity. So Im asking everyone to give a shit, right here right now, and Im willing to put my situation out there to do so. Want to do something instead of nothing.... heres your chance.

Fight with words.... Cite - Watts vs. Watts, Boyd County Kentucky Family Court Decision.
Please keep respectful and to the point on reform. Here's who to write.

Northern Kentucky Office of Geoff Davis
300 Buttermilk Pike, Suite 314
Fort Mitchell, KY 41017
T (859) 426 - 0080 | F (859) 426 - 0061

Jim Bunning - (R - KY)
316 Hart Senate Office Building
Washington, DC 20510
202-224-4343


Mitch McConnell - (R - KY)
361A Russell Senate Office Building
Washington, DC 20510
202-224-2541
Contact Governor BeshearMailing Address
700 Capitol Avenue, Suite 100
Frankfort, Kentucky 40601
Phone/FaxMain Line: (502) 564-2611
Fax: (502) 564-2517
TDD: (502) 564-9551 (Telecommunications Device for the Deaf)

Sen. Walter "Doc" Blevins Jr. (D-KY 27th District)
Frankfort Office:
255 Capitol Annex,
Kentucky 40601
Phone: (502) 564-8100
Fax: (502) 564-6543


And heres my local rep, a former attorney turned representative from this town.

Rep. Kevin Sinnette (D-KY 100th District) of Ashland
Frankfort Office:
316-E Capitol Annex,
Kentucky 40601
Phone: (502) 564-8100
Fax: (502) 564-6543

Ashland Office:

PO Box 1358
Ashland, Kentucky 41105
Phone: (606) 324-5711
Fax: (606) 329-1430

**** If you can spare a stamp, a phone call, or even an email, these are the guys who need to know whats happening and why it should change. Again, respectfully please. ****

If you would like to help in other means, please feel free to write or send legal donations at the following. To address the possibility of inpropriety by internet vultures, I am including the mailing address of my attorneys firm which can be verified by many simple methods such as a simple internet search considering the licensing process is documented on many state websites as well as lawyer referral pages. Checks should be addressed to Williams, Hall, & Latherow, P.S.C. with the memo line stating Watts Custody Case. I am strongly requesting written letters to political representatives, legal checks and balances groups, and media outlets, but if you would like to help in this way; I simply cant afford to turn it down or put it out there.

Drew Watts                 Williams, Hall & Latherow, P.S.C.
3234 Oakland Ave           Attn: Roger Hall
Catlettsburg, KY 41129       1500 Carter Ave Suite 200 - P.O. Box 2008
606-375-2590                Ashland, KY 41105
                            606-329-1919 office/606-325-4303 fax

If you would like to put a face to a request, check out the greatest thing to happen to me's smile while your there....
myspace . com / jdrewwatts  - just take out the spaces since i couldnt post links here.
Title: Re: in between DRC recommendation and judges decision, good dad needs help.
Post by: MrCustodyCoach on Oct 27, 2009, 09:14:38 AM
Very sorry for your outcome.
Title: Re: in between DRC recommendation and judges decision, good dad needs help.
Post by: snowrose on Oct 27, 2009, 12:42:54 PM
I'm sorry to say that I have a friend in KY that experienced the same thing you did.  Until someone actually tells me the opposite, from now on I'll caution men that most likely they will not get a fair placement in Kentucky.  (http://www.deltabravo.net/forum/richedit/smileys/YahooIM/2.gif) 
Title: Re: in between DRC recommendation and judges decision, good dad needs help.
Post by: sillystring on Oct 27, 2009, 04:49:15 PM
Maybe this is why my ex never fought me for custody (in KY)?  Oh wait... no, the reason is because he just doesn't CARE.

I am really sorry to hear your story and even sorrier to admit that I grew up in KY (Hopkinsville).  Beautiful place but definitely behind in the times.  I am quite thankful that my husband's custody case did not go through that state.

I really really hate to hear about fathers who WANT to be there for their children and are not ALLOWED to be.  It is so sickening.
Title: Re: in between DRC recommendation and judges decision, good dad needs help.
Post by: gemini3 on Oct 28, 2009, 06:39:18 PM
Drew, I too am sorry for your outcome.  I know you won't give up on your little girl.  I am one of those pollyanna's who still believe that everything happens not just for a reason, but for a good reason.  I hope that you won't lose your motivation to incite change in legislation.  If enough people push for it, a change WILL come.  Contact your local chapter of the ACFC - they are doing great work, and making progress.  There is a chapter in Boyd county, if that's close to you.

No one should have to go through what you just did.  No child should lose a parent because of antiquated, unfair and often unconstitutional legislation.  We are the only people who can change that.

Good luck to you, and all the best to you and your daughter.