Initial Child Custody for a 21 Mo. old w/ an Out-of-Status Illegal Immigrant in Santa Clara County in CA from MN

[keger]

Dear SPARC:

I am trying to gain Custody of a 21 month old daughter who lives in Santa Clara County, CA. with her Out-of-Status Illegal Immigrant mother.

 I am only being given two, two-hour parenting time opportunities each week that are Supervised for the past year. The service providers have been helping the mother circumvent the Court Order and are very bias.

The Mother is trying to use Title 5 of the VAWA to get her Citizenship because she was convicted for stealing the USA. She needed the 5th degree assault conviction, which occurred in MN.

I was convicted of 5th degree assault (Intent to cause fear/ bodily harm) against the mother in Nov. 2003. The Court found no further acts have been committed, since then. However, since then the Court has been very bias against me. The female judge wrote the Protocol for Law Enforcement in Domestic Violence 911 calls for the County in 2002. The Judge has ignored several laws, some ambiguous, some blatant. I also believe she is from England.

I have completed 46 of 52 weeks of Domestic Violence Training, which will complete the Rebuttable Presumption requirements.

I think it would be best to file a Motion for a Rebuttable Presumption Hearing as soon as I complete the 52 weeks required, even though the mother was the aggressor in 9 incidents of domestic violence (DV), yet, of course nobody believes me. Normally, if both are the aggressors, then it is null and void. According to CA. law, only the Probation Dept. is allowed to require a 52 week DV course.

The mother's female attorneys are very in my face unethical. Allowing perjury, contempt and fraud.

I can make a compelling case of  Drug Trafficking, Extortion, Fraud, Perjury and Contempt of Court against the mother,  but the Court refuses to allow me the time to make my case.

The Court Mediator/ Evaluator is a very bias female. She is intentionally delaying the case, which skews the Primary Care Provider Ratio, A key factor in the Custody determination.

I also believe there is a 14th Amendment (Due Process and Equal Protection Clause) violation against me and my daughter.

I live in Minnesota, where the Jurisdiction should be. The mother has no Significant Connection to Santa Clara County and is not a Resident. It is also an Inconvenient Forum for me.

I need some pro bono help with this case!!!


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[Lawmoe]

It sounds like you have many issues.  However, yuou have to look at your case from a more objective stance.

Her attorneys are suposed to be aggressive.There is nothing unethical about that. They are there to represent her interests, not yours, not the children.

If you can make a case that the mother is drug trafficking, engaging in extortion, fraud, or Contempt of Court, you should do so in court and allo wthe Judge to rule on the issue. If teh Judge rules incorrectly, it or fails to allow relevant evidence to be presented, it may be a basis for appeal.

That is a pretty broad palatte of things that you claim you can prove.   Remember, proof takes more than you claiming that something is true. It requires real evidence.  That is often why the Court appoints evaluators. they are to look into the issues and see what information is available.

Another probblem you may face is that you do not tie any of the alleged conduct - extortion, fraud etc... into what is in the best interests of the children. How does it affect them? If it does not, it has much less bearing on the custody issue.  Additionally, which parent was teh pirmary caretaker is onoly one factor among many for determining custody. It is not any stronger or weaker than another.

With regard to your claims that there has been a 14th Amendment (Due Process and Equal Protection Clause) violation, you provide little information to make that seem like a viable issue or claim.

Now, with regard to jurisdiction, if the morther resides in California and has lived there long enough for that court to have jurisdiction (usually 6 months) , the case may certainly be heard in that state.  It makes little difference from a jurisdictional perspective that the mother does not have legal status in the US at this time and has a Petition for a Change of Status pending.