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Getting Custody of a Disabled Child

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  • 12-01-2014, 03:44 PM
    Lovemcb
    Re: Getting Custody of a Disabled Child
    Now we are getting somewhere. The original visitations were at a center. Is there any way to keep the father from being there during the visit? As I stated, he likes to start arguments. I want a productive visit, not one that would be detrimental to his health. When I made the court aware of the issue before, nothing was done to rectify it. And how does it work if the case is in California?
  • 12-01-2014, 04:01 PM
    Mr. Knowitall
    Re: Getting Custody of a Disabled Child
    Quote:

    Quoting Lovemcb
    View Post
    I can appreciate what you are saying but you are making a lot of assumptions. I cooperated fully and complied with everything asked of me.

    You have told us that you know that your ex-boyfriend caused the injury. You have told us that he was able to avoid criminal prosecution due to what you implicitly argue to be a completely fabricated medical defense. It is difficult to believe that you were at all cooperative with the prosecution during their effort to put your boyfriend behind bars, given that you knew his defense was premised on lies.
    Quote:

    Quoting Lovemcb
    When you say I made a poor choice to supervise visits, you had no idea that choice was an employee of the court.

    You are purporting that there were problems with supervision with the court employee, which is something upon which one would expect that a court employee would be deemed credible by the court, but that the court rejected your complaints and gave dad the exclusive right to select or serve as the supervisor for visitation. If you made a good choice of supervisor, it inexorably follows that the facts aren't as you described them above.
    Quote:

    Quoting Lovemcb
    I never said I didn't want custody, I stated if I couldn't get custody.

    I see... Your notion is that you want to scorch the earth for your ex-, such that he loses custody of the severely child for whom he has cared for the past six years, save perhaps for six months of it.
    Quote:

    Quoting Lovemcb
    I also never said we were out of contact.

    You said, "I havent been able to see him in over 6 years. I cant even send birthday presents because he either throws them away or sends them back." You purported that you don't even know where the child lives. Try to keep your story straight.
    Quote:

    Quoting Lovemcb
    When someone asks for advice, they are not asking for judgement. I've had plenty of that, thank you very much.

    The person who presides over legal proceedings is called a judge -- if you go to court, you will be judged.

    The facts are what they are. We did not create the facts.
    Quote:

    Quoting Lovemcb
    I lost custody not because of my judgement but because of the severity of the injury.

    Sorry, no, that's not how it works.
    Quote:

    Quoting Lovemcb
    View Post
    Actually, the courts did not preclude me from future custody. The father, through his antagonising during visitations, made it impossible for the reunification process to occur.

    You have been repeatedly reminded of your options to resume some form of visitation. If you want to address the possibility of supervision being by a third party, you can raise that issue with the court.
  • 12-01-2014, 04:19 PM
    Lovemcb
    Re: Getting Custody of a Disabled Child
    I was not involved in the criminal proceedings whatsoever. I was brought in the day they decided to drop the charges to be told that doctors they interviewed(not me) could not not disprove a medical cause for his injury. I did not fabricate any medical condition, I still believe it was non accidental, as the family court surmised. I wasn't even in contact with him by the time the charges were filed. Stop assuming you know what happened and quit putting words in my mouth. There was enough reasonable doubt that they couldn't file charges, that doesn't mean I didn't want them to. The man who hurt my son got to keep his job and I had to be moved to a different position.
    And yes, that is how it works, as the judge herself explained it to me. The judge overseeing the case was the head of the family courts, by the way.
    Also never said I didn't have an address to send things to, just that there are two different ones.
  • 12-01-2014, 04:31 PM
    Mr. Knowitall
    Re: Getting Custody of a Disabled Child
    Sorry, but you get less credible with each post. There is simply no way that neither the police nor prosecutor sought to interview you before deciding to dismiss the charges against your ex-boyfriend. The only way they would have refrained from speaking to you is if you lawyered up and refused to cooperate with their investigation.
  • 12-01-2014, 04:37 PM
    Lovemcb
    Re: Getting Custody of a Disabled Child
    Wow, it's like youweren't even there. Oh wait, you weren't. I was interviewed when my son was taken in to the hospital, they didn't need any more than that. As I wasn't present when the incident occurred, there was nothing else I could give them.
  • 12-01-2014, 04:49 PM
    Dogmatique
    Re: Getting Custody of a Disabled Child
    Quote:

    Quoting Lovemcb
    View Post
    I was not involved in the criminal proceedings whatsoever. I was brought in the day they decided to drop the charges to be told that doctors they interviewed(not me) could not not disprove a medical cause for his injury. I did not fabricate any medical condition, I still believe it was non accidental, as the family court surmised.

    I wasn't even in contact with him by the time the charges were filed. Stop assuming you know what happened and quit putting words in my mouth. There was enough reasonable doubt that they couldn't file charges, that doesn't mean I didn't want them to. The man who hurt my son got to keep his job and I had to be moved to a different position.
    And yes, that is how it works, as the judge herself explained it to me. The judge overseeing the case was the head of the family courts, by the way.
    Also never said I didn't have an address to send things to, just that there are two different ones.

    Stop. Just stop. There is absolutely nothing the exceedingly kind volunteers can offer you here. If you want to sit and argue what objective readers are seeing, you're wasting your time.

    The child is presumably safe and sound. There is no reason to believe that he would somehow be better off with the parent who did fail him, versus one who did not.

    Unless of course you're going to take the side of an obviously biased witness who at best is trying to mess up Dad's life. Think about it - if he's been abusing HER child, why has she come to you, someone who has absolutely no knowledge of what has or hasn't been happening during the past few years, instead of going straight to law enforcement to report the abuse?
  • 12-01-2014, 04:51 PM
    Mr. Knowitall
    Re: Getting Custody of a Disabled Child
    So despite previously claiming that you were "not involved in the criminal proceedings whatsoever", your new story is that you gave a perfunctory initial statement before lawyering up and refusing to cooperate. Because that's what you did, right?

    Sorry, but I've seen the inside of too many courtrooms and too many abuse investigations to find you credible. You and I both know that it was not merely the severity of the child's injuries that caused you to be deemed a risk to the child, and caused the judge to order that you be allowed only supervised contact. The case against you in family court was predicated upon culpable abuse, even if it was a case that the prosecutor did not believe would succeed in a criminal court, and (at a minimum) your failure to protect your child from the abuse that culminated in life-threatening injuries.
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