Father wants to have the chance to raise his daughter...

[lacielou89]

My fiancee is currently about 3 months in to fighting for custody of his daughter since the bio mom signed over her custodial rights to the babys GREAT AUNT. Her and her boyfriend have pushed my fiance out of the picture over the last couple months and had the baby calling them mom and dad. They have a GAL involved who has had only ONE visit with my fiance and about 4 or 5 with the aunt, only because everytime the baby is being taken home from visits to our house, she has taken this baby for rape kits but claiming she didnt ask the hospital to do em, that she was taken there for bee stings ect. they have told the GAL that we are both alcoholics and drug addicts, false. And when the girl is asked to get ready to go back to mommys she sits, picks her nails and pees herself saying no.  When you ask her why she doesnt want to go, she wont even pick her head up to answer, how can we get this through to the GAL or someone, they have accused me and my fiancee of being alcoholics and drug addicts, which is by far FALSE. Everytime she is dropped off "daddy" out there has a beer in his hand, even tried bribing my fiancee to drop the case with a new car, any money or as many percocets as he could want. On top of that all, she calls my fiance daddy, shes known him as daddy her whole life besides when they kept her from him for the 4 or so months, and when she comes back she starts calling him man for awhile and then goes to daddy, almost like shes scared to call him daddy for a bit, dont know if its brainwashing on their part or what, but what can be done!?!?!?! Help please!?!?!? He is an AMAZING father, and he is being kept from being able to that full time thanks to the decisions his ex has made!!!!

[lacielou89]

He had also, when started all this filed for emergency custody, Judge had NO PROBLEM signing it, then their lawyers vacated the order. Since then got Scedule A visitation with her. That how he has FINALLY gotten to see her. They CONSTANTLY ride by when he has his parenting time, or they keep tabs on us through out the weeks, driving past my mothers house, and friends houses. Even flipped my mom off. They have tried getting a (FALSE) sexual assault case against him from one of the first rape kits she put her through, all have come back negative showing she has just had a diaper rash. The police dropped the case. Just need some help and advice on all of this!!!

[snowrose]

Offer to take drug tests, and ask that the aunt take a drug test too.  CPS can require that of her, if they suspect a problem.

Document, document, document!  Write down every oddity, every scary thing.  Keep them in order by date.

You said the mother signed over her rights.  What rights does your fiance currently have?  Is he listed as the child's father on the birth certificate?

[lacielou89]

He is on the birth certificate and did find out that he signed the paternity affidavit at the hospital waiving his right to the DNA and taking all responsibilities. He took a drug test at the first court date, GAL had said something to him about taking weekly drug tests at random and he was willing to, but the GAL has yet to get back with him on anything like that and its been over a month now. and the next court date is on October 23rd, what all should be kept and documented!?

[snowrose]

He is on the birth certificate and did find out that he signed the paternity affidavit at the hospital waiving his right to the DNA and taking all responsibilities. He took a drug test at the first court date, GAL had said something to him about taking weekly drug tests at random and he was willing to, but the GAL has yet to get back with him on anything like that and its been over a month now.

It's still quite likely they will do the drug test(s).  The system is sometimes just really slow, and chances are they want to take him by surprise too, just in case.

Have him talk to the GAL and request drug tests for the aunt.

and the next court date is on October 23rd, what all should be kept and documented!?

Any oddity.  Refusal to let you visit.  The 'rape kits'.  Excessive trips to the hospital.  Too many illnesses.  Constant diaper rash that isn't correctly treated.  Anything like that.

[lacielou89]

Thats fine with the drug tests just wish they would hurry it up!! He did although get Schedule A visitation after the last court date! So he has gotten a chance to see her since july. Which is amazing. But just waiting on all the GAL stuff to get completed and for the final hearing from the judge, what i dont understand is the next court date is part hearing and part a child support hearing too. i dont understand why that would be the case if theres been no decision on the case yet.


That is a main concern, she comes to us with a diaper rash and almost what looks like flea bites maybe, on the inside of her thigh. and then after putting diaper rash medecine on it, its gone by saturday morning or so, and gone all weekend we have her, then she comes back with it again.

We just didnt want to sit and down talk the aunt, and look kinda petty to the GAL, and look like we are making false claims like they are.