how much is enough

[marnbuk]

I met with the other childs father tonight and we compared journals that we have each kept for approximately three years. our journals coincide with each other as far as when utilities were not on and arrests in the presence of the children. the BM called the other father and requested he pick up his child when there was no water, heat, lights, etc. but refused to let me take my child ever outside of my visitation schedule.
and at times denied my visits.
 the BM is definately in contempt for failure to give address change, refusal of visits, and no phone number. we obtained some police reports were the officer noted that the BM was called to get her children and informed of illegal narcotics found in the home in plain view (while the boyfriend was watching the children). after these incidents the BM got a night shift job and left the children in the care of the boyfriend at night.

 1. how often do they really put BM in jail on contempt?

 2. can i get her for leaving the child in the care of this man after being advised of the illegal activities going on?

 3. how can a child psychologist examine the situation when the child is 5 and has been living in this situation for at least three years. the child doesnt realize it is not normal or that she is in danger because raw sewage is exposed (ex. hepatits A)?

 4. will the fact that she knew the situation was bad enough to remove one child but left the other one in it help us? how can you choose which child deserves to suffer?

 5. if she gets a reduced rate on an attorney because she is on welfare how reduced is the rate? I am looking at 10,000.00 would she have to pay at least half of that amount?

 6. if her boyfriend attacks me on my next visit like I have been advised he is going to do. What would that do for my case? would it just be another contempt?

[socrateaser]

> 1. how often do they really put BM in jail on contempt?

If you prove your case, and the contempt warrants incarceration, then it happens, otherwise not. No one has statistical evidence of this sort.

>
> 2. can i get her for leaving the child in the care of this
>man after being advised of the illegal activities going on?

"Get her"? Contempt is willful and conscious disregard of a valid and enforceable court order.  What you're describing is not contempt (leaving the child where illegal activities are taking place). It may be reckless endangerment, but that's up to the district attorney to prosecute. If you know that the child is being exposedx to such an environment, call the police.

> 3. how can a child psychologist examine the situation when
>the child is 5 and has been living in this situation for at
>least three years. the child doesnt realize it is not normal
>or that she is in danger because raw sewage is exposed (ex.
>hepatits A)?

The therapist can determine the child's mental state (depressed, scared, etc.). That's what matters, not whether the child realizes the precise nature of the danger or parent's behavior.

> 4. will the fact that she knew the situation was bad enough
>to remove one child but left the other one in it help us? how
>can you choose which child deserves to suffer?

I think that you're trying to split hairs. If your case is not obvious, then you will be wasting your time.

> 5. if she gets a reduced rate on an attorney because she is
>on welfare how reduced is the rate? I am looking at 10,000.00
>would she have to pay at least half of that amount?

I never said she would get a reduced rate. I said that YOU may be forced to pay some of her fees.

> 6. if her boyfriend attacks me on my next visit like I have
>been advised he is going to do. What would that do for my
>case? would it just be another contempt?

If you have been threatened, then you should call the police so that they will be present when you exercise visitation.

PS. You shouldn't be comparing notes with the other father unless you are both represented by attorneys who are present. You could be accused of conspiring to make your evidence match up and that will destroy your credibility.

[marnbuk]

I have called the police numerous times. they are aware they are making, using, and selling meth. in that house, but they cant charge in. I call them several times for welfare checks and they are being watched by the police. it is a matter of catching them with everything in one room and in the open. we have hired a private investigator to be there for the next exchange since they make excellent witnesses and will record everything to ensure criminal charges are brought.

[socrateaser]

>I have called the police numerous times. they are aware they
>are making, using, and selling meth. in that house, but they
>cant charge in. I call them several times for welfare checks
>and they are being watched by the police. it is a matter of
>catching them with everything in one room and in the open. we
>have hired a private investigator to be there for the next
>exchange since they make excellent witnesses and will record
>everything to ensure criminal charges are brought.

If you have the name of a specific police officer (better yet, officers) who has admitted to you that law enforcement is aware that the custodial parent's home is a meth manufacturing site, then this allegation, combined with your identification of the officer, should be sufficient for an emergency order granting you temporary sole custody.