Posted before, updated info and a few more questions

[cassandragrace]

Oct. 28 - Mother and Maternal Grandmother take child to doctor. Child had fallen in tub and had a small cut on her labia.  During this visit, mother and grandmother made claims that child had told maternal grandmother that the father was sexually abusing her.  Doctor performed vaginal exam on child and found no evidence of sexual abuse.  Notified Mother of this and told her he would contact DSS because of her request and concerns.  Doctor contacted DSS, gave them his findings, and DSS felt no need to investigate.  Mother was notified of this information.


Oct. 30  Pendente Lite hearing  , re:child access.
Background:
Since mother and father split in dec. 2004 mother has extremely restricted father's time with child and refused any overnight visitations.
This behavior become worse when father girlfriend became a part of child's life in April 2006.  Mother would restrict father from telephone access and visitation with child for up to 6 days at a time, at her whim.

Hearing:
Mother and her lawyer told judge there was a DSS investigation against the father.  Judge could not proceed with entire hearing because of this.  However, judge ordered EOW overnight visitations to father and 2 evening visitations during the week.

Father had not seen child since Oct. 26th at the time of the hearing, and had only 1 phone conversation allowed by mother during that time.

Nov. 2  - Mother and Maternal grandmother go to DSS and claim to have found blood in child's underwear (5 years old) after last visit with father (oct. 26)  Mother and Grandmother tell DSS case worker there is no court order in effect, in order to receive a letter barring father from any contact with child for one week.

Nov. 9 - Mother waits until the day the order is to expire to allow child to be interviewed by DSS.  DSS finds no evidence of child being abused, and informs mother of this as well as case worker's opinion that child has a very positive relationship with father and his girlfriend.

Mother and Grandmother become enraged and leave the DSS office.  They go to county courthouse and file a protective order on child's behalf.  Mother and Grandmother tell judge the same story they told the case worker at DSS.  Mother and Grandmother make no mention of DSS investigation.  Mother asks judge if DSS can perform an investigation.

Nov. 17 - Final Protective Order Hearing

Judge speaks with case worker and father and mother's attornies in chambers.  Takes testimonies of all parties, and find mother and grandmother's testimonies to be contradictory to each other.  Dismisses protective order.

Father calls mother to set up pick up time and place (father's scheduled weekend)  After 2 hours of 'negotiating' mother agrees to drop off child.  Child seemed to be in good spirits most of the weekend.  Child became upset and on verge of tears everytime mother called to speak to child (once every evening and morning child was with father)  During the telephone conversations, mother could be clearly heard crying and telling child how sad she was without her. Mother told child she wanted to take her home but her daddy wouldn't let her.  Mother told child that grandmother and mother missed her so much and were sad and lonely without her.

Child would stay upset for about 5-10 minutes after these calls and then return to normal activity.

Nov. 21 - Both parties lawyers and GAL sit down with circuit court judge.. RE: Contempt Charges against mother.

Background:  Father's lawyer filed contempt charges against mother for all the time father missed with child.

Father's lawyer filed contempt against mother for cancelling court ordered mediation sessions.

Father's lawyer requested emergency hearing.

Since mother was now allowing father access to child,  no emergency hearing was scheduled

Contempt charges to be heard on Jan. 17 at next scheduled Pendente Lite hearing - by judge whose order mother violated

1 - Father is seeking Joint Custody (at the least), in your opinion, does he have a good chance at receiving this based on the situation?

2 - In your opinion, based on the information provided; do you believe mother will be found in contempt of court?

3 - Would father be able to request a psych evaluation for mother given her recent actions?

4 - Given the recent actions on the mother's part; would it be out of line for the father to request temporary full custody, pendente lite?

[socrateaser]

>1 - Father is seeking Joint Custody (at the least), in your
>opinion, does he have a good chance at receiving this based on
>the situation?

Under the unusual facts you post, I would say that father has a better chance at SOLE custody than at Joint, because by advocating joint, you are impliedly agreeing that the mother is not that bad an influence on the child. Your facts suggest that the mother is seriously mentally disturbed and that she is causing the child emotional abuse.

If it were my case, I would have a psychiatrist all over this woman and I would be taking it all the way to the mat for sole custody.

>2 - In your opinion, based on the information provided; do you
>believe mother will be found in contempt of court?

Probably not. It depends on the exact evidence against her on the record. Conversations with DSS in chambers are not record testimony, so that won't be available for a contempt hearing. You need to have the DSS worker to testify at the contempt hearing on the record.

The custody action is a much better case.

>
>3 - Would father be able to request a psych evaluation for
>mother given her recent actions?

Well, frankly, since your looking for joint custody, you may have shot yourself in the foot a bit here. But, I still think you can get a therapist ordered.

>
>4 - Given the recent actions on the mother's part; would it be
>out of line for the father to request temporary full custody,
>pendente lite?

Yes. I would be all over this, big time. In an unusual break from my desire to remain neutral I would try to paint the other parent as a monster, based on your evidence.

[cassandragrace]

>>1 - Father is seeking Joint Custody (at the least), in your
>>opinion, does he have a good chance at receiving this based
>on
>>the situation?
>
>Under the unusual facts you post, I would say that father has
>a better chance at SOLE custody than at Joint, because by
>advocating joint, you are impliedly agreeing that the mother
>is not that bad an influence on the child. Your facts suggest
>that the mother is seriously mentally disturbed and that she
>is causing the child emotional abuse.
>
>If it were my case, I would have a psychiatrist all over this
>woman and I would be taking it all the way to the mat for sole
>custody.
>
----Father plans to request psch evaluations for mother, himself and child.  He had been advocating for joint custody at the last hearing.  However, since the recent occurences wants to try for sole custody.  However, he has some concerns on how that will go.  Child is 5 years old and since mother and father split in dec. 2004, has predominantly resided with mother.  However, these circumstances only occurred because after father moved out (and paid the mortgage for 1.5 years without living there) mother began dictating to father when he could and could not see child; as well as refusing overnight visitations.  Child has started overnight visitations and will have had 2 months of EOW overnights as well as a weekday schedule of tuesday and thursday evenings which have been in effect for 6 months now.  Father is nervous that court may not grant sole custody because child has resided with mother so much more.  Child experiences few problems while in father's care.  The most recent were outlined, others include child becoming upset with father in past for mentionaing overnights because child claims "I would be away from my mom for 3 whole days" (child has no concept of time...obviously something mother has said)  "My mom would be sad without me" a comment more than one person has heard mother saying to child in the past week.

1- Do you think the fact that the mother has had child more will effect the decision, despite her actions?

2- Do you think the court would take into consideration the fact that father did not have as much time as mother because mother prohibited it?

As for question two.  I know that father could have taken legal action sooner, but was trying to do what was best for child.  The separation was upsetting enough, did not want to cause any further harm--already knew mother's reactions and opinions on child being with father equally.

[socrateaser]

>1- Do you think the fact that the mother has had child more
>will effect the decision, despite her actions?

I think your job is to show that the status quo is no longer relevant because the mother has some screws loose and is harming the child.

>2- Do you think the court would take into consideration the
>fact that father did not have as much time as mother because
>mother prohibited it?

Assuming you can prove this, yes, but this is always tuff to prove.

>
>As for question two.  I know that father could have taken
>legal action sooner, but was trying to do what was best for
>child.  The separation was upsetting enough, did not want to
>cause any further harm--already knew mother's reactions and
>opinions on child being with father equally.

You're thinking too hard. Either the kid's in distress due to mom's actions, or not. If so, and you can prove it, then you can win. Otherwise, you will lose and little will change.