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  1. #1

    Default Emergency Hearing

    I got a call from ex this morning and he told me that he filed for an emergency hearing and for full custody because my daughter has been injured a lot. We were in a wedding on Saturday and at the salon in the morning we got our hair done. While we were there she was touching everything like a five year old would normally do. I had asked her to stop a number of times. She grapped a curling iron and burned herself. I took care of the burn. It was a accident and if I could have prevented it I would have. In October she fell off her bike and hit her head a had stiches. To make it even worse she wasn't wearing a helmet. I had just gotten home from work and she was all excited that she didnt need trainning wheels. I honestly forgot she wasnt wearing a helemt. In July at my in laws she was jumping a over diving board (the part that is on concrete). Family had asked her to stop but she got her foot caught and tripped and hit her head. She is ok from all of this but she's a very active little girl. I feel that they are accidents. Is this any reason to lose her? Help!!

  2. #2
    Join Date
    Apr 2009
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    Somewhere near Canada
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    Default Re: Emergency Hearing

    Yes, 5 year old kids fall off bikes.

    They have accidents.

    However, they do also require parental supervision...and helmets. Obviously, asking her to not do something isn't working so well for you - so maybe rethink your methods. With that said, I heavily doubt that Dad actually has enough to justify a change in custody.

  3. #3

    Default Re: Emergency Hearing

    Thank you for your response. I do agree that five year olds do need adult supervison and I have been there when she gets hurt just not in arms length to prevent her from falling or touching something. I am worried about this hearing. Never had togo through this before. I think that my ex is doing this because I told him I was taking him back to court for child support and a change in child custody. I also get the feeling that he wasn't me outof the picture for good.

    Sorry worried that he wants me out of the picture for good

  4. #4
    Join Date
    Nov 2007
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    Officially across the country from where I've been all my life
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    Default Re: Emergency Hearing

    Quote Quoting Jenalex
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    To make it even worse she wasn't wearing a helmet.
    I can think of many states where this would be illegal. However, since you chose to ignore the rule and delete that very first sentence that says something about the name of your state, you obviously just want to vent, instead of get some advice.

    Oh, and you need to curb your child. Your 5 year old is old enough to sit herself down in a salon and keep her hands off of stuff. She's old enough to understand sit your tail down somewhere, listen to it and do it. I don't agree that this is a simple case of "kids will be kids." This is borderline neglectful parenting.

  5. #5

    Default Re: Emergency Hearing

    Sorry my state is california



    Oh, and you need to curb your child. Your 5 year old is old enough to sit herself down in a salon and keep her hands off of stuff. She's old enough to understand sit your tail down somewhere, listen to it and do it. I don't agree that this is a simple case of "kids will be kids." This is borderline neglectful parenting.

    I do need advice

    She was part of the bridal party. The whole bridal party was there she was excited to be there. She HAD a reason to be there

    Has far as riding a bike she fell in my parents backyard Not a public street I know this doesn't make it right. She doesn't touch the bike without having a helmet.

  6. #6
    Join Date
    Nov 2007
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    Officially across the country from where I've been all my life
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    Default Re: Emergency Hearing

    Quote Quoting Jenalex
    View Post
    Sorry my state is california
    I was hoping it was. Allowing your child to ride a bicycle without a helmet is AGAINST THE LAW.
    21212. (a) A person under 18 years of age shall not operate a bicycle, a nonmotorized scooter, or a skateboard, nor shall they wear in-line or roller skates, nor ride upon a bicycle, a nonmotorized scooter, or a skateboard as a passenger, upon a street, bikeway, as defined in Section 890.4 of the Streets and Highways Code, or any other public bicycle path or trail unless that person is wearing a properly fitted and fastened bicycle helmet that meets the standards of either the American Society for Testing and Materials (ASTM) or the United States Consumer Product Safety Commission (CPSC), or standards subsequently established by those entities. This requirement also applies to a person who rides upon a bicycle while in a restraining seat that is attached to the bicycle or in a trailer towed by the bicycle.
    She was part of the bridal party. The whole bridal party was there she was excited to be there. She HAD a reason to be there
    I'm not questioning WHY she was at the salon, I'm questioning WHY YOU ALLOWED HER TO RUN AROUND in the salon. Look, I'm a mother. I have neices, I'm in a salon on a regular basis and NEVER does a child run wild to the point where she's allowed to touch a hot curling iron. What are YOU doing that you are unable to watch and control your child that she is hurting herself with such frequency.

    If I was the child's father, you better BELIEVE I'd be concerned. The only thing you didn't mention which he didn't do was contact the Department of Children and Family Services and have them investigate. Believe me, if you were in front of my judge (and I hope you're not), you'd be under a microscope.

    Quote Quoting Jenalex
    View Post
    Has far as riding a bike she fell in my parents backyard Not a public street
    Wonderful. Keep that excuse in your back pocket for the next time she busts her ass. Apparently, riding her bike in the backyard wasn't enough to keep her from cracking her head open the first time.

    Seriously, you need to hire an attorney. Pronto.

  7. #7

    Default Re: Emergency Hearing

    Define it in legal terms please

  8. #8
    Join Date
    Nov 2007
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    Officially across the country from where I've been all my life
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    Default Re: Emergency Hearing

    Quote Quoting Jenalex
    View Post
    Define it in legal terms please
    Gladly... I even left the statute so you can see it yourself. Pay CLOSE attention to the bolded.
    Neglect
    Citation: Welf. & Inst. Code § 300

    A child may be considered dependent when:
    The child has suffered, or there is a substantial risk that the child will suffer, serious physical harm or illness as a result of:
    The failure or inability of the parent or guardian to adequately supervise or protect the child

    The willful or negligent failure of the parent or guardian to adequately supervise or protect the child from the conduct of the custodian with whom the child has been left
    The willful or negligent failure of the parent or guardian to provide the child with adequate food, clothing, shelter, or medical treatment
    The inability of the parent or guardian to provide regular care for the child due to the parent's or guardian's mental illness, developmental disability, or substance abuse
    The child's sibling has been abused or neglected, and there is a substantial risk that the child will be abused or neglected. The court shall consider the circumstances surrounding the abuse or neglect of the sibling, the age and gender of each child, the nature of the abuse or neglect of the sibling, the mental condition of the parent or guardian, and any other factors the court considers probative in determining whether there is a substantial risk to the child.
    Shooting fish in a barrell I tell you...

  9. #9

    Default Re: Emergency Hearing

    I know that I am a good parent. I can't be there to catch her every fall even though I wish I could. She has also gotten hurt while in her dads custody but only once. I guess I am the unlucky parent but I would never do anything to hurt her on purpose. Like I said in a early post I think her dad wants me out of her life but maybe you that doesn't matter.

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