Opinions?

[cassandragrace]

Oct. 28 - Mother and Maternal Grandmother take child to doctor. Child had fallen in tub and had a small cut on her labia(under her mother's supervision). 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?

Any other opinions or comments are welcome.  Father is looking out for the best interests of his child. Obviously, being with her mother at this point in time is not in her best interest.  Mother and Grandmother have told child lies about father and his girlfriend, in attempts to alienate her.  To date, they have not worked, but contuining on in that environment cannot be good for a child of 5.

[wendl]

Not sure how all this will work out, it is a crap shoot with famiy law.

I would suggest contacting DSS to get copies of the unfounded claims to show a pattern and abuse of the system that mom is doing, their are kids that are actually get hurt by parents whether it be mothers or fathers and by her filing false claims, it takes away from the kids that are really getting hurt.

**These are my opinions, they are not legal advice**