Messages

[Northern Kentucky Office of Geoff Davis]

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". How noble... This 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? So 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 ones 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 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 40601Phone/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 spaces since no links here**
　
prev posting.....
in between DRC recommendation and judges decision, good dad needs help. (http://www.deltabravo.net/forum/index.php/topic,36984.msg304994.html/lmsg304994)

[Northern Kentucky Office of Geoff Davis]

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 40601Phone/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

From prev post ...   

in between DRC recommendation and judges decision, good dad needs help.

[Northern Kentucky Office of Geoff Davis]

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 40601Phone/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.

Please remember that attorneys are just your legal representatives, at the end of the day or process, YOU are the one responsible for your legal decisions.  Do your research now, search the web and your own states court of appeals website to educate yourself on your states laws and common practices.  It is very complex and varies greatly from state to state as well as the results a father can have.  Some states are liberal in that they follow the laws in the books, some are outdated and follow unwritten rules of sending children to mothers regardless of the situation.  Give yourself the best possible chance for success.  Fight your battle now BEFORE you get into court and do as much as you can BEFORE you talk to any lawyer.  Mine is $150 per hour and still doesnt always call me back, and thats unfortunately common, so please stay on them paying or not b/c it can be make or break on getting your child in the best possible environment with the time they put into it.  It is a 9-5 for alot of attorneys and they keep an emotional distance, so dont waste your time for factual and relevant information with emotional issues.  Most importantly, take the time you have with your child and dont let them lose an ounce of your love and attention while you prepare for the fight of their life.  I will say a prayer for you, your child(ren), and your situation.  Good luck.

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??

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.

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??

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.   

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. 

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......