Chances for Full Custody

[socrateaser]

> Also, as for the testimony part, the case worker has been
>subpeonaed to appear at the hearing on the Friday. Although,
>she is not allowed to repeat what was said by the little girl
>in her interview with her.  She is only allowed to state her
>opinions/conclusion on the matter.

She can testify to what the child stated, but it's objectionable as hearsay, and on constitutional Confrontation Clause grounds in a criminal action. However, a child of 5 is likely not a competent witness, so the kid's testimony will likely be disallowed anyway.

What matters is whether there is any evidence of abuse and whether in the the case worker's expert opinion, this child appeared to be the subject of child abuse.

>1-Are you saying we would have to obtain testimony from
>someone, or physical evidence (video, tape recording) of the
>BM admitting to the allegations being false??

You don't have to, but the judge will give almost zero weight to any allegation from either party that is just "his word against hers," and/or visa versa.

Objective evidence is what wins cases -- that, and getting a witness to crack or contradict him/herself on the stand -- hard to do.

>I may be misinterpretting your words, if so, I apologize. I am
>just a little confused on how to prove something that never
>happened...never happened.

This is the big problem with these sorts of restraining/protective orders. They are based on only the subjective fear of the petitioning party. No real proof need be alleged, and it becomes the unreasonably duty of the respondent to try to prove a negative and rule out every possibility.

A polygraph test, or an offer to submit to one can completely blow away this sort of case, if the petitioner will consent to have it admitted into evidence.

It's always worth offering if you can say without hesitation that every single thing alleged by the petitioner is false. If you can, then I would offer the polygraph, or even advance the money and take it before the hearing and have the results available if the other party consents to its admissibility.

See my response to hagatha in this thread.

[cassandragrace]

>
>Recently, a judge granted the father overnight visitations
>EOW.  The mother did not want this and lodged a complaint with
>DSS on Nov. 2, stating that on the evening of Oct. 26 (last
>time child was with father) she found blood in their
>daughter's underwear.  She did not have these underwear as
>evidence for DSS.
>
>The mother obtained a temporary order (1 week) from DSS,
>barring the father from access with the child. The mother
>obtained this illegally, by lying to DSS, stating there was no
>court order regarding visitation in effect.
>
>The mother waited until the day this order was so expire(Nov.
>9) to allow DSS to interview child.  DSS found the allegations
>to be untrue, and when the case worker informed the mother of
>this, she said the mother became "enraged".  DSS interviewed
>the father and informed him child had told case worker that
>the mother was telling her bad things about father and
>girlfriend(me).
>
>Not 2 hours after the case worker told mother the findings,
>mother went to district court and obtained a protective order
>against father; making the same allegations and requesting a
>DSS investigation. ***Mother and grandmother failed to inform judge that this matter had already been investigated by DSS*** Father and Mother are to both attend
>hearing final protective order hearing on Friday (Nov.17).
>Father is to have no contact with child until that date.
>
>Mother has also written letter to child's doctor stating
>Father is not to have access to child's medical records.
>Father informed Dr. it was illegal to refuse him access, the
>Dr. still denied the access.
>
>Father's lawyer has filed multiple counts of contempt against
>mother for violating court order.

   We are located in Maryland

A few more questions...

 1 - Since the mother lied to DSS to obtain a letter barring father from contact with child for one week, is it likely she will be found in contempt for violating the visitation agreement? ( I know you are not a mind reader, just looking for your opinion)

2 - Are there any legal repurcussions if we can prove to or convince the judge that mother and grandmother intentionally ommitted the fact they had prior knowledge that the matter they were obtaining the protective order for had already been investigated and found to be untrue by DSS?

3 - Would it be wise for father to file a protective order on behalf of daughter against both mother and grandmother for putting her through undue emotional stress?

4 - In your opinion, does father have a good chance at obtaining custody (even if temporary) based on the mother's actions?

4.1 - What would we need to do to prove mother is injurying child with her actions? (father has not seen or spoken to daughter for nearly 3 weeks as a result of mother's actions)

5 - Father now has access to medical records (will be picking them up Friday).  Would there be any legal repurcussions for the mother for lying to the doctor's office stating that father had no legal rights to records? Or is that simply the fault of the doctor's office for denying him access without proper documentation?


I apologize if any of these questions seem repetetive, I am a little frazzled by all of this!