Father Finally Wins Custody of Daughter (an inspiring story!)

[BizyLizy]

Sometimes there is hope...

Father finally wins custody of daughter
By Rachel Hunter
The Daily News
Published October 31, 2004
TExAS CITY — "You can take your daughter home."

Those were the six words Joe Culpepper had been waiting to hear from the state of Colorado for nearly four years.

The 25-year-old single father lost custody of his daughter, Meagan, to Colorado social services after a visit with the girl's mother erupted into a conflict that put both parents behind bars.

Saturday, after years of court hearings, dashed hopes and missed birthdays, the Texas father was reunited with his daughter, and he brought her home to Galveston County.

"My daughter is my life," Culpepper said. "I could never give up on her. I love her, and I'm determined to get her back."

Meagan was born to Joe Culpepper and Mystina Turner on March 15, 1999. The unmarried couple lived together in Galveston County, and despite their often turbulent relationship, the two raised their daughter together.

By September 2000, however, the relationship had ended and Culpepper was awarded temporary custody of Meagan with a restraining order preventing Turner from taking her away from her father.

Soon after, Turner moved to Colorado where her grandmother gave her a place to live and a job at the nursing home she managed. According to Culpepper, he and Turner often spoke on the phone about their daughter and in November of 2000, he agreed to take Meagan to visit Turner for Thanksgiving.

"I took the custody papers to my lawyer and asked if there was anything Mystina could do to get Meagan if I took her to Colorado," Culpepper said.

"I was told as long as I had the papers, there was absolutely nothing she could do. Everyone — my friends, my family — they all told me not to go, but I am the kind of guy that is always worried about doing the right thing. I grew up with both of my parents, and I thought at least I can let Meagan know her mom."

Two days after arriving in Colorado, Culpepper and Turner argued. Court records indicate that Turner and her grandmother placed three calls to police departments in two counties.

When police arrived both parents were arrested — Culpepper for yelling in the hallways of the nursing home where Turner worked and Turner for slashing Culpepper's tires and falsely accusing him of stealing $600 from her.

Turner later pleaded guilty to criminal mischief and was sentenced to probation.

With both of her parents behind bars, 20-month-old Meagan was taken by Colorado social services in Weld County. Three days later, Culpepper was released from jail and went to pick up his daughter.

Social services informed Culpepper he'd have to complete anger management and parenting classes and pass weekly drug tests before they'd give him Meagan.

Culpepper drove back to Texas without his daughter. During the next few months, Culpepper said, he did everything Colorado social services demanded, and almost every other weekend he traveled 1,200 miles from Galveston County to Colorado to see Meagan for 45 minutes while a caseworker watched.

"They treated me like a child molester or a murderer. ... I don't even have a record," said Culpepper. "I did everything they told me to do. I did the classes and passed all of my drug tests, but they still wouldn't give her to me."

On Jan. 12, 2001, Colorado gave Meagan to her mother. Two months later, Turner returned her to social services.

In an interview with the Denver Post, Turner said she was suffering from untreated depression, the trauma of separation from Culpepper and the parenting demands imposed by a county caseworker.

"When I found out (Meagan was back with social services), I pleaded to get her back," Culpepper said. "A caseworker told me, 'The goal to achieve here is to either send her with relatives or adopt her out.' I kept asking the lady what I'd have to do to get my daughter back and she said that the state of Colorado was not going to send Meagan back to Texas. I told her that it is where she was born and where she lives and the lady said, 'But Colorado has her now.'"

For about two months, Culpepper moved to Colorado, where he lived in his truck and worked as a mechanic. Social services continued to deny him custody of Meagan, who by that time was living with foster parents.

In 2002, Culpepper's and Turner's parental rights were terminated by the county that initially took Meagan. Culpepper challenged the termination of his parental rights. Turner did not.

Culpepper moved back to Texas and he was not permitted to see his daughter for two and a half years while his case was under appeal. The foster parents that had raised Meagan since 2001 did allow Culpepper to call and write. But eventually, he said, that stopped.

"They asked me to not call as much, and I respected that because they really didn't have to let me talk to my daughter at all," said Culpepper. "I had stuff being filed almost every day, and I think they started to realize I wasn't going to give up. That's when they cut off contact. They wanted to adopt her."

Culpepper's case went before the Colorado Court of Appeals this year. The appeals court ruled that social services had erroneously taken custody of Meagan and concluded the restraining order in Texas remained in effect and constituted a "custody determination" concerning Meagan.

"This error was clearly not harmless," the justices wrote, because it denied Culpepper "the opportunity to litigate custody issues in the child's home state of Texas. Accordingly, we reverse the judgment terminating the father's parental rights."

Despite the court's ruling, Culpepper was not allowed to take Meagan home. The case was remanded back to the lower courts and an order was filed to keep Meagan in Colorado.

Once again, Culpepper returned to Texas without his daughter, who was 5.

"By that point, I was used to getting my hopes up and being let down," he said.

Culpepper hired an attorney in Texas and filed to reopen the custody case there.

This month the county court in Colorado acknowledged it did not have jurisdiction, and Culpepper finally heard what he'd waited almost four years to hear — he could take Meagan home.

"From the beginning, I told (the courts) that they might as well give me my daughter because I'd never give up," Culpepper said. "I told them I'd fight them until the day I die, and I would have. I lost almost five years of my daughter's life, the most important years, but now every weekend is going to be an adventure."

Saturday, Culpepper boarded a plane in Colorado with his daughter and came home to Galveston County.

It is not clear where the father and daughter go from here, but as for his immediate plans, Culpepper said he is looking forward to taking Meagan to Disney World and just spending time with her.

"It has been like a nightmare, and I'm just looking forward to having her home with my family," he said. "I'll tell you one thing: I will never go back to Colorado for the rest of my life, and if I ever do, my daughter will not be going with me."

[MYSONSDAD]

I remember reading about this a few years ago. From what I remember, the father took their daughter to visit the BM.

So glad you posted this and the outcome was a good one.

My best wishes to the father and daughter.