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Author Topic: Continuation  (Read 1141 times)

HelpingHands

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Continuation
« on: Dec 05, 2006, 08:39:45 PM »
VA appeals case. Mother in VA, father and child in Tn.

Trial was continued, mother and her atty objected. GAL didn't care one way or another and stated the child WOULD NOT be returned to mother IF custody were changed that day anyways and my atty motioned to a continuation of case, since mother has recently moved and GAL wants to evaluate people in mom's new home.

Mom is living with her boyfriend(that has an extensive criminal history, including, evading police, filing false police reports, bad checks, obtain by fraud, failure to return rental property, uttering, driving on suspended license(several of those) and a report coming up as fugitive from justice in another state. I believe those are what we have so far. Mom has assualt and battery charge- domestic violence, she plead guilty to.

She is also living with 2 other males and a female not related and never introduced to child prior to this visitation. Unknown criminal records.

Orders specifically state no cohabitation while with the child. Child was with her mother for 5 days during t-day break. Child reports all these people LIVE with mom, spent the night- daily and ate dinner, described  household routine, who sleeps where, etc.

Mom called tonight wanting child to be there prior to the next court hearing- on a specific date- for what I believe is going to be a wedding to this man, to portray a stable married life.

1. If a private investigator was to prove the people our child described living in the home, actually reside there- how do the courts usually handle PI investigations/investigators?

2.  Since she, imo, is planning to marry days before court- to appear as a stable person in a commited relationship- can she use that in her favor, or do/can judges see that it's an attempt to 'play' the courts?

3. Given that the mother has violated the different orders of the court, and if she actually does marry this 'felon' - I would hope that this will crush any hope of her standings, that this is for her child's benefit. What weight do they(courts) put on the 'new parental figure/ spouse' in the home esp one with this type of record?

4. How can I find out of a person has a record in other states? I know some states have online databases to search through(done that for the counties I believe he lived in that have searchable databases). I'd like to find out if this person is still wanted, in another state and any other criminal history.

5. The location of the home is inaccessible to me, it's behind a gated(code access only)- wooded, very rustic private community. How relevant would this be in court if I have no access to retrieve our child, in the event she tried to keep her, etc and I can not drop her off at the home(per court order), know the condition of her home, safety of being in a rustic community with no way out in an emergency,  etc....?

6. She's now trying to twist words around to appear that I shower with my daughter. Mom continues to ask child about showering alone, if i or anyone else bathes/showers with her-including her sisters, child told mom that my wife or I go into bathroom to help with shampoo and now mom is trying to play on it. As of late, child hasn't needed help. Would it be unwise to ask my wife(if I'm not home) to continue to help if child requests it? Child is 7 with really long hair.

Thanks again for the help!!


socrateaser

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RE: Continuation
« Reply #1 on: Dec 07, 2006, 02:21:56 PM »
>1. If a private investigator was to prove the people our child
>described living in the home, actually reside there- how do
>the courts usually handle PI investigations/investigators?

The PI can write a report and you can submit that report as a brief. Proof of residence via public records or receipts/utility bills are generally self authenticating and admissible as business records. However, opinions of the investigator, such as a statement like, "It's the opinion of our company that the subject under surveilance is residing at the same residence as Ms. X," is hearsay without the investigator's personal testimony at trial.
>
>2.  Since she, imo, is planning to marry days before court- to
>appear as a stable person in a commited relationship- can she
>use that in her favor, or do/can judges see that it's an
>attempt to 'play' the courts?

Probably won't be given much weight by the court, because there's no proof of stability.

>
>3. Given that the mother has violated the different orders of
>the court, and if she actually does marry this 'felon' - I
>would hope that this will crush any hope of her standings,
>that this is for her child's benefit. What weight do
>they(courts) put on the 'new parental figure/ spouse' in the
>home esp one with this type of record?

It's evidence of poor life choices which may harm the child's best interests. Could be significant, or meaningless, depending on the other evidence offerred. For example if the "felon" is an ex CFO of Enron, then this wouldn't have the same negative impact as a convicted sexual predator.

>
>4. How can I find out of a person has a record in other
>states? I know some states have online databases to search
>through(done that for the counties I believe he lived in that
>have searchable databases). I'd like to find out if this
>person is still wanted, in another state and any other
>criminal history.

PI/Security company.

>5. The location of the home is inaccessible to me, it's behind
>a gated(code access only)- wooded, very rustic private
>community. How relevant would this be in court if I have no
>access to retrieve our child, in the event she tried to keep
>her, etc and I can not drop her off at the home(per court
>order), know the condition of her home, safety of being in a
>rustic community with no way out in an emergency,  etc....?

Irrelevant. Don't look to manufacture dangers that don't really exist, because it makes you appear vindictive.

>
>6. She's now trying to twist words around to appear that I
>shower with my daughter. Mom continues to ask child about
>showering alone, if i or anyone else bathes/showers with
>her-including her sisters, child told mom that my wife or I go
>into bathroom to help with shampoo and now mom is trying to
>play on it. As of late, child hasn't needed help. Would it be
>unwise to ask my wife(if I'm not home) to continue to help if
>child requests it? Child is 7 with really long hair.

Stop helping your daughter in the bathroom. This is potential big trouble, even if you're innocent of any charge. Cut the kid's hair or leave the work for your spouse (or at least, make certain that your spouse is in the bathroom when you're in the bathroom with the child.

 

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