Re: Modification of Custody Denied Despite Molestation of a Child
I stand by what I said. The guilt trip you thought you were trying to give me/us by that post in #10 does not soften my heart. Get the doctor's letter/notes, scan them, send them to either me or Dogmatique (who will then share them with me). Then we'll talk. Let's start there and move on.
And I want to see it on hospital notes or letterhead with the doctor's license number on it and all. If that turns out to be true, then I'll be your biggest advocate.
Re: Modification of Custody Denied Despite Molestation of a Child
The emergency plea was to change her school back to the private school that she was previously enrolled in. In the beginning I talked about how my ex went behind my back and got an emergency order without my knowledge and was fairly successful at keeping me in the dark until the school sent a letter to my Mother's house welcoming my daughter to their school. My lawyer filed trying to get before a certain sympathetic judge, we did but he could not vacate the earlier judge's order. This plea was strictly to get her back in private school which was being paid for with grants.
The courts would not hear this at this hearing, we went in claiming an emergency, the lawyer broached it and was shut down. It had to be about school.
If you had taken the time to read what I wrote your would have seen what I was saying. Instead you chose to throw stones and judge.
This is unbelievable. I have done nothing but tell the truth and this is the help I get. People half way read and then decide I am lying..put my shoes on and walk in them...unbelievable.
If you would not be so judgmental and read
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That's not how it works. There are mandatory protocols which must be followed to the letter whenever there is suspicion of abuse or neglect. Doctors do not "write letters" saying they have a credible reason to believe there had been molestation of the child. If you still insist, and you still have that piece of paper, scan it in and PM it to me - because the physician needs to be reprimanded, and harshly. I will gladly pm you what the Dr. reported.
First, I never said the DR wrote a letter. There was a report..Thank you. I am a layman and may not always use the correct verbage for God's sake. It was reported to not one, but two freaking counties Children Services. The Dr did their job Children and Youth dropped the ball!! It was reported to the DA, the State Police, the local News..why do I feel as if I am being attacked here? Do you not believe that other children have fallen thru the cracks, well they have. lots of them.
Secondly, I did not assign the title to this thread, the admin must have, it is not the one I originally had.
Thirdly. If anyone bothers to read what I wrote and I am copying and pasting here...Our custody order states all educational, religious decisions are to be agreed upon by both parents. Last year the ex agreed to a private Christian School, I worked out payment plan. She paid nothing. This past year she went behind my back, took her out of the school, enrolled her in a school 2 miles from her house and then went and got a court order. I found out about this when a letter was sent to my Mother's house welcoming my child to this school. I got an attorney but it was too late. Things had been filed, paperwork sent to my old attorney (the ex knew I didn't use him). She lied on the pleadings to the court, citing transportation and stating I had enrolled her in the public school where I live. I didn't. She got a court order for my daughter to attend that school for the 2014/2015 school year. I fought it, spent 4k, lost because the Judge said he could not find an emergency and didn't want to vacate 2 orders from another Judge Now I am forced to drive 800 miles a month and spend $200 in gas. I have lost 2 jobs, exhausted my unemployment, struggling to keep my apt and we are on food stamps. I cannot get legal aid, they don't do custody. The emergency pleas were for educational reasons, trying to get her back into private school, for which I had grants. The Judge would NOT vacate a previous Judge's orders and although he desperately wanted to help could find NO emergency in the education. It didn't matter that it destroyed my life. He ordered that this matter appear before him by the end of this Oct. and guess what...for some reason it got changed to the end of January and it won't be the same Judge.
And for the rude person that can't say what they want, because of fear of being banned. I am telling the entire truth. Don't be so naive as to think things like this do not happen. THEY DO AND IF YOU DON'T HAVE MONEY, IT IS EVEN WORSE!! LET ME SAY THIS AGAIN. I HAVE LOST EVERYTHING!! NO ONE DOES CUSTODY WITHOUT $$$. NO LEGAL AID NOTHING....What a judgmental sorry group of people.
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Quote:
Quoting
CourtClerk
I stand by what I said. The guilt trip you thought you were trying to give me/us by that post in #10 does not soften my heart. Get the doctor's letter/notes, scan them, send them to either me or Dogmatique (who will then share them with me). Then we'll talk. Let's start there and move on.
And I want to see it on hospital notes or letterhead with the doctor's license number on it and all. If that turns out to be true, then I'll be your biggest advocate.
I am not laying a guilt trip, I am tired, broke and disgusted. I am not trying to soften a heart. I am simply telling the damn truth. I will see you get the form. The Dr. did report, everyone else dropped the ball. All her current medical records say history of sexual abuse at the top. She has a history now of UTI"s, she has abused animals and still does, she wets her panties. I will see you get the records. I pray you are being truthful, I am trusting you with records with her name on it.
Re: Modification of Custody Denied Despite Molestation of a Child
You need an attorney.
Given that there is an obvious disconnect between what you have written, what we have garnered from the narrative and what actually may have actually happened it's clear we're just not on the same page.
We can only ever go by what we've been told and unfortunately your options are woefully limited.
You need expert help and every legal forum is limited as to the information we can provide.
These were not difficult to find:
http://www.palawhelp.org/issues/chil...ip-of-children
http://www.splas.org/child-cust.html
http://www.philalegal.org/custody
Re: Modification of Custody Denied Despite Molestation of a Child
And now we're being told that the court didn't see an emergency, after all of this evidence was submitted?
If you want help, you need an attorney. Some of us actually do know what is required and when it's required.
You are off base. We are going in for the actual custody hearing at the end of January. The hearings in Aug and early Sept were about my ex going behind my back and removing my daughter from the private school where she attended kindergarten, lying to the court, and with the help of her attorney keeping me out of the pleadings loop. The first hearings was held without my knowledge and without me having an opportunity to have an attorney, the second was held and I still was not afforded the opportunity to be present or have my lawyer present. Also, my ex's attorney had all the paperwork sent to my old lawyer full well knowing I no longer used that lawyer, I will gladly supply the Judge's name and where this happened. My attorney said this particular Judge was notorious for these actions.
She suggested filing the emergency petition to get it in front of a certain sympathetic Judge, as I have said, he would only listen to arguments pertaining to the educational emergency.
I am taking that you all live in the judicial world, then why is this so baffling to you. I am stating the truth. I will supply the paperwork from the Physician's Assistant. I had in error previously stated Dr. I am not clarifying this was a P. A.
You say get a lawyer, I am telling you I am on food stamps and struggling to pay the rent...and you seem not to understand what I am saying. Maybe my presentation is off, I don't know. I am truthfully answering all questions and will gladly supply names, locations and such.
Re: Modification of Custody Denied Despite Molestation of a Child
Re: Modification of Custody Denied Despite Molestation of a Child
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Quoting Susan Bowles
My ex and I have joint custody of our 6 yr old daughter.... A 2 yr old doesn't talk about having her p p licked.
In other words, you are presently hoping to bring up an accusation from four years ago, that at the time the authorities did not regard as sufficiently substantiated or reliable to identify and prosecute a suspect or to take other action.
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Quoting Susan Bowles
The ex took out a PFA based on lies and I ended up in jail and then prison.
None of that bodes well for you, at all.
Quote:
Quoting Susan Bowles
This past year she went behind my back, took her out of the school, enrolled her in a school 2 miles from her house... I got an attorney but it was too late.
Although it is not entirely clear that you raised your molestation allegations in a custody motion, if you did then the court has already heard and ruled on the issue. If you did not, it does not weight in favor of your credibility that you waited between three and four years to try to introduce the matter in the custody case.
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Quoting Susan Bowles
She was screaming, crying and running around the parking lot. When she did get in her mother's vehicle she was banging one the windows screaming Daddy. This happens all the time.
The fact that a child is upset at the end of visitation and wants the parent she is leaving does not necessarily, of itself, indicate anything more than the child's affection for that parent.
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Quoting Susan Bowles
I have seen her have bruises on her face from it being grabbed, bruises on her arms, from them being grabbed, she had bruises on her hiney. I have called Children's Services and NO ONE WILL HELP.
If you keep making abuse reports, and they are consistently found to be unsubstantiated, that does not work in your favor.
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Quoting
Susan Bowles
I set in prison for approximately 6 weeks, all charges were dropped.
That's not how prison works. If you are facing criminal prosecution, you are held in jail, not in prison. The only way you might be held in prison under the facts you describe is if you were being held for a parole violation.
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Quoting
Susan Bowles
The Dr. wrote that she had credible reason to believe there had been molestation of my daughter after her exam. Yes, CPS in 2 counties was called.
And, following investigation, the report was either found to be unfounded, unsubstantiated or unreliable. That's not a statement about what may or may not have occurred, but it is safe to say that nobody's memory has gotten better over the past four years, and you have not indicated that any new evidence exists that might justify protective services or a prosecutor revisiting the case.
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Quoting Susan Bowles
You cannot coach a 2 yr old to say the things that she said.
Unfortunately, that's not correct. You can coach a child to say just about anything, and even to sincerely believe in events that never occurred.
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Quoting Susan Bowles
Her Mother initially filed an emergency petition stating that I had went against the custody agreement and enrolled her in a public school and that transportation was an issue. Neither was true. I had been constantly testing her all summer requesting we talk about my daughter going back to the private school she was enrolled in. That school provided door to door transportation..... I did text one time and say if I don't hear back from you, I am taking it as your consent to enroll her in public school if I choose.
So your complaint not actually that the mother enrolled the child in a public school, instead of the private school that the child previously attended. It's that she ignored your ultimatum, took unilateral action of her own, and enrolled the child in a public school that was more convenient for her than the public school you preferred.
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Quoting
Susan Bowles
The emergency plea was to change her school back to the private school that she was previously enrolled in.
That would be the school that, up to that point, you were prepared to abandon in favor of a different public school.
Quote:
Quoting Susan Bowles
This plea was strictly to get her back in private school which was being paid for with grants.
As you sent the ultimatum, "if I don't hear back from you, I am taking it as your consent to enroll her in public school", you've substantially weakened your ability to argue that the child needs to be enrolled in the parochial school.
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Quoting Susan Bowles
Our custody order states all educational, religious decisions are to be agreed upon by both parents.
And yet you sent an ultimatum threatening to act without your ex's consent.
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Quoting
Susan Bowles
We are going in for the actual custody hearing at the end of January.
We only know about you, and you have told us that you are no longer working with a lawyer. Who else is involved that makes this a "we"?
Quote:
Quoting Susan Bowles
She suggested filing the emergency petition to get it in front of a certain sympathetic Judge....
So you pretended to have an emergency when the regular judge would not be assigned to the emergency motion in the hope that a different judge would overrule the judge assigned to the case, and the judge instead found that there was no emergency and no basis to overrule the prior judge?
How did the assigned judge react when he found out about those tactics?
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Quoting Susan Bowles
....as I have said, he would only listen to arguments pertaining to the educational emergency.
Your lawyer should have prepared you for that.
From what you have shared here, most of your allegations are stale and may predate the last custody order. You have created credibility issues for yourself by taking claims to protective services that they have found to be unsubstantiated, and in addition by your behavior when you were subject to the protective order. You have indicated that your present dispute relates to the enrollment of the child in public school, but you also indicate that you threatened your ex- that you might unilaterally do exactly that, yourself.
When people tell you that you need a lawyer it's not because they're mean, or because they reject your claims of poverty. It's because your track record suggests that when it comes to building a case for custody court, you appear to be your own worst enemy.
Re: Modification of Custody Denied Despite Molestation of a Child
Okay. The OP has made available some of the doctor's notes. This is where I think there is a grave lack of communication. The notes mention the reason why OP brought in the child, and that there were some non-specific findings that could be signs of abuse. By the same token, there's all manner of other things that could be cause.
The doctor did not actually conclude or make any specific finding of abuse - only that CPS would be contacted "just in case". This falls in line with what the state requires when it comes to investigation.
And yeah, the timeline wasn't clear to me.