Quick question on neglect

[T0052SC]

During the intermin I had set up a nanny cam to video the neglect of my kids by my STBX.  And now I have a investigator to document actions outside the home.  My question is how substancial is all of this evidence going to be in court when right now it is a 50/50 and the GAL is recommending a 50/50.

Nanny cam shows hours on end of my STBX leaving a 2yr old and 4 yr old unattended even points where the STBX sleeps for 3 to 4 hours leaving the kids alone running around the house.

The investigator has video of the STBX leaving the kids in a running vehicle for 5 to 7 min while the STBX goes into stores to shop and talk with friends.

I also have picture of bruises around my 2 yr old's now 3 yr old neck from when she rang her neck.  The 3 yr old had told the counselor what happened but it was never reported to DCYF.

What is your opinion on if this will help my case?

[Kitty C.]

If you ever find ANY signs of abuse on your chidren, take them immediately to the nearest hospital that also preferably has a dominant peds unit.  All healthcare workers are mandatory reporters and you need their documentation to get this reported to DCYF.  It's better to have abuse reported by an objective 3rd party, especially when there's a custody dispute involved.

As for her leaving the kids in the vehicle, a lot will depend on circumstances.  Is it warm or cool (windows up or down per current conditions), is the vehicle locked, and are the children in car seats and unable to reach the controls of the vehicle?

What counselor did your 3 y.o. tell this to?  ANYONE who works with children are required mandatory reporters, meaning if they knew abuse possibly took place and did NOT report it, they could get a VERY hefty fine and possible jail time as well.  If need be, take the child to an independent therapist, one who specializes in toddlers....if she gives the same story, push to have it reported.  If it does get reported, expose the counselor who disregarded the initial report.

As for the videotaping, it's possible (if this was not in YOUR current legal residence) that it might be illegal.  I'd be contacting an atty. about that one.

[joni]

I wouldn't settle on 50/50.  Strike while the iron is hot.  As you'll read on this board, it's nearly impossible to increase visitation with your kids or to get sole custody after you settle on something with a divorce, especially when you be the man.  

You may want to go for joint legal custody wtih you being the primary custodial parent.  JCL won't strip your STBX of any parents rights and will show your willingness to co-parent and that you only want custodial to keep your kids safe.

[Lawmoe]

It is impossible to say without knowing what the custody evaluation was relying upon or whether the evaluator had been advised of the recordings and occurrences.   I would suggest that a deposition of the evaluator is in order to determine if the video tapes would, in fact change her recommendations abd why.  

[T0052SC]

I gave the GAL a copy of the videos and a chornology of the video this way he would not have to sit through all hours of the video he could just focus on the areas of concern.  He admitted in the report that I supplied him with this video and chornology.  He also admitted to not viewing the video or reviewing the chornology.  His statement was that I make serious alligations of neglect and abuse that should not be taken lightly.

With him admitting he did not view the video or review the chornology how will this play out in court.  Will the judge take him seriously or will the value of the video be shot down.

I now have more video from a PI of other neglect where my STBX leaves the children in a unlock running car for several minutes while shopping.  What is your opinion on this.

[Lawmoe]

Obviously, the failure of the GAL to view the video is a serios faux paux and can be used to undermine credibiolity.

Sitting in the car I assume is not the best that you have.  That is not a serious issue, althoughit may be part of a larger pattern.

[T0052SC]

Why do you think leaving a 3 year old and a 5 year old sitting in a running vehicle unlocked for 10 min or more not to be serious?  During this time the STBX has left the kids in a busy parking lot unattended and unsepervised where a person could kidnap the kids.