Possible child abuse

[ocean]

Does BM know? Has she called child and said anything? Did you get anywhere filing the police report on the phone? If not, maybe go real early, stop at police station, get report and go straight to court house...
GOOD LUCK!

[Davy]

Currently GA has custody jurisdiction concerning this child and the child is a purported victim of a crime in TN.  If you file in TN the father is submitting to TN jurisdiction giving TN jurisdiction in all custody matters going forward.   TN has jurisdiction over the accused  where the crime occured and TN law enforcement should be filing this criminal matter with the TN prosecutors. 

Stay in GA and get a restraining order effecting the current custody order.

The info. you're getting from clerks, CPS , whoever is in error and this little girl needs legal representation in GA.  NOW !!  Pawpa may not use his finger next time.  Please listen and protect this little girl.

I'm speaking in honor of my own daughter.  You don't want your daughter to go there.

[ocean]

Davy- She tried to file a police report in her state...they refused since the crime happened in TN. We had this issue on a smaller level between counties in my state (not abuse but criminal crime). The police here would not file, we had to drive to where it happened and have them write a report then they called another police station to go make the arrest charge. We even went to the state troopers office who we thought had control over whole state and was told then dont go into that county. Everyone passed the buck that night and it took about 5 hours for a report and arrest.

I cant imagine what they are going through now dealing with so many agencies pointing fingers at the next one. CPS should be in control, take child away from mom and place with dad until the investigation is complete. Criminal charges should be started. Why it is taking days I dont know. Good thing that had a few days to deal with this but now it comes down to tomorrow then the weekend and child is supposed to go back to mom's house.

[MixedBag]

I agree -- if the crime happened in TN, that's where jurisdiction for the crime happens.

I do not agree that it gives TN jurisdiction automatically or at all over the custodial stuff.  We had on-going litigation when my experience happened and the drawback was that the social worker here in AL was supposed to TESTIFY that that she wrote the letter I had saying nothing happened in AL.  WV interviewed our son and sent their recommendation back to AL.  But court was in WV.  And when I went to enter into evidence the letter AL sent, the judge did not allow it because the author/originator was not there to testify to the authenticity of the letter.

[Davy]

This is not as complicated as everybody seems to be making it.

First we have a GA jurisdiction concerning custody matters,  GA is FAILING (thru CPS) to restrain the little girl from being placed back into an abusive environment with apparant evidence from a doctor's exam.  One has to ask why this little girl is wandering around TN being sexually abused ... what lead to this point.  Since the father has gone to TN to file a TPO that means to me it is a filing in TN civil court under the GA custody order and in so doing he would be relinquishing GA jurisdiction for all custody matters in the future in what appears to be a MORE mommy bias TN court.

From my best knowledge a criminal prosecution would follow a complaint and subsequent investigation by law enforcement as well as the prosceutor.  I may be wrong but I do not think an out-of-state citizen (daddy) in a criminal investigation can get a court order operating under criminal statues to restrict another citizen (little girl) in another state (ie GA)The jurisdiction of a TN criminal court would end at their state line.  The same reason GA LE can not take a complaint for a criminal matter in TN.

So father must be filing in Tn civil....a HUGE mistake.

[Kitty C.]

Question, tho........

Are we talking about the difference between a criminal TPO or a civil TPO?  I agree, it depends on which type is being filed as to which state it needs to be filed in.  BUT a lot will also depend on if charges are eventually brought on the g-father, which has to be done in the state where the g-father lives.

There are so many 'ifs' in this case that it's hard to say which way is right.  About the only thing I could suggest is filing in BOTH states, just to c.y.a............

[Davy]

NOPE !  Again. GA has jurisdiction over all custody matters based on UCCJA and PKPA interstate statues and filing in TN puts that jurisdiction at risk.

I really feel sorry for this little girl.  The deadline for restrain is practically over.  Since the father is in TN and the motion needs to be filed in GA then the only possible way is a phone call to GA CPS who have failed/refused to do so up until this point. 

The MAIN focus has / should be protecting this little girl  IMMEDIATELY not bringing criminal charges against the accused.  CPS and all it's fans should be ashamed.

[ocean]

but Davy how does she MAKE GA take the case? They have the case open..but trying to pass it off to TN plcus the police wont take a report by them...
I dont understand why GA CPS wont take child from mom and place with dad until investigation is over and they should be handling the particulars...calling TN...getting RO in place, getting facts and filing police reports. SOunds like no one wants to do their job and passes it on...
Hope that got somewhere today...

[Davy]

Ocean;  I don't have an answer.  What I do know is that it is a national disgrace that  has been going on forever and a day.  At risk Children are not protected by the system.  Here we have two states apparently finding feeble excuses not to protect the child.  It appears from what has been posted...doctors report and all, that at very least the child could be removed from both environments until more facts are known.

... more later

[amymarie]

Wow - I'm sorry that I didn't get on here sooner to post an update.

TN judge did sign an ex parte order of protection against both BM and great-grandfather.  The hearing is until June 22nd (which we will NOT be bringing her to), which means that we will have her until at least the following Sunday, June 28th (normal pick-up/drop-off day).  So she is safe for now!

The TPO specifically says that it is only giving TN TEMPORARY jurisdiction over the custody, so we are not handing everything over to them.

BM called a bunch of times on Thursday trying to talk to DSD but we ignored most of the calls.  After about 20, we finally sent her a text message saying DSD was not with us (which she wasn't, since we had already dropped her off with my aunt).  She sent us one more message on Friday and hasn't contacted us since, so we're pretty sure she's already been served since they said they would try to do it that day.

I'm a little worried about pp who said their letter was thrown out since that person wasn't there to testify.  I don't anticipate anyone from GA driving up there to testify so I guess our main focus will be on trying to get the TN CPS caseworker to believe us and get on our side so that he can testify on our behalf.  I am hoping that the forensic interview will be enough to convince him as I am POSITIVE DSD will confirm the abuse during their report.  She mentioned it again that "Papaw put his finger inside me and hurt me" so I know it is still fresh in her mind, the poor girl.