Child Custody Fight/Advice?


#1

Oh my. This breaks my heart reading this.
I pray that you get excellent legal counsel … quick.
What’s wrong with your ex … does she just ignore these claims?
I’d call an investigative news station … alert everyone you can. Your child’s life is in DANGER!!! SOMETHING she’ll never be able to get back.
I’d air this on as many local NC newstations as possible … get it out there so someone will do SOMETHING.


#2

Thanks for your support Mommy…

I currently have an attorney, but I’m losing my faith in him very quickly. He seems like he doesn’t really care either way.

My ex-wife feels as though I’m making this up and that I’m just trying to get back at her. I think, that she just doesn’t wanna admit that her son is capable of something like this considering that she was molested for roughly 11 years by her adopted father.

I’m just lost and I don’t know what to do…


#3

Dear DeLoreanfan1:

Greetings. First, this post is too long for me to read and give answers…please condense your question. From what I have read so far though, I would suggest that you speak with another attorney in the county where you live.

Also, you should make a motion for a child custody evaluation, which although it is costly, will have everyone (including yourself since the court currently views you negatively) evaluated by mental health professionals. Thank you and good luck.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#4

Thanks Janet!

I guess at what I’m trying to say is what is my next course of action if the judge refuses to appoint a Guardian Ad Litem?

I did a little research and while I am not an attorney, it appears to me that according to the NC General Statutes, a GAL should have been appointed to represent my daughter from the very beginning. (Given the nature of the accusations)

Does this possibly give us grounds for an appeal if needed?


#5

I am dealing with the same injustices at Union County. My judge is a definate mangina! All my evidence is stricken but all her lies are taken as fact even when there is no evidence!

www.f4j.om

Phil


#6

Now is this a pattern or what???

You never know Phil, we may have the same judge.

My judge ruled that all my evidence was either wrong, hearsay or just never occurred, while the ex was speaking the gosphel.

Go figure???


#7

Keep us updated.
Not to scare anyone off, but I said a silent prayer for your daughter last night before I went to bed.


#8

You next step would be to move the court for a child custody evaluation. I wish you the best of luck.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#9

I don’t know whether to believe you guys or not. According to this web site, there is no bias in the courts towards women. (LMAO) As far as The Mommy’s suggestion of calling the news, it would be a great idea, but most media outlets don’t care and won’t get involved since the case is pending. As far as getting NC Children’s Services involved, it’s a total wast of time. I’ve found that when there are allegations, they will interview the child right in front of the custodial/residential parent, knowing the kid isn’t going to “tell” on that parent. Again, no bias, right?


#10

Correct Hawkman and it’s time to change the status quo.

Fathers 4 Justice is finally in NC and we will hold the judges of Union County accountable…

www.f4j.us

Phil


#11

Phil,

Is there anyway that I can contact you so we can discuss your dilemma within Union County?

My e-mail address is deloreanfan1@hotmail.com


#12

I have read several of the custody issues and one theme consistently seems to run through them; and that is, “the Judge determines what is in the best interest of the child”. Well, I am not aware of ANY Judge who has taken a hard study of “psychology” and is able to determine or even able to have his own awareness flag raised when someone (ie the custodial parent) is emotionally disturbed and is truly not doing what is in the best interest of the child. While I understand this post discusses physical evidence, it is hard for me to believe that in this day and age, legal representatives and judges appear to have not a clue as to emotional damages inflicted upon a child. I truly believe that unless a person has actually experienced the same or a similar situation as some of us in these postings that they CANNOT comprehend the emotional distress that the noncustodial parent (and extended family) are subjected on a daily basis; nor are they aware of what the child is suffering through. While I understand most custody issues are NOT clear cut, there comes a point in time where someones track record speaks for itself and that records indicates they are just not a good parent. Sorry for ranting, but sometimes I feel the system representatives are not in tune to the number of sociopaths and narcissicism that our society has produced.


#13

DeLoreanfan1,

Recieved your info request but not a resposne to my emai. Did you recieve it? And, yes we do have the dsame judge!

This judge has go to go! He does nothing but break every law he was sworn to uphold. He does not know the meaning of the word impartial.

We must stop his Child ABuse!

www.f4j.us

Phil


#14

Thanks Phil.

We have begun our letter writing campaign. We have written any and all forms of the media, senators and congressmen from both NC and SC, governors, local representatives, etc, etc.

We’re not backing down for one single minute.

Also, we had my daughter reevaluated by her doctor and her doctor is still saying that the current environment (With her mother) is very dangerous and she needs to be placed into my care immediately. Her doctor also said that the removal of my daughter from my care has been detrimental to her wellbeing and development.

We’re going to refile our motion based on her doctor’s affidavit.


#15

This all started in August of 2005.

My wife and I separated on July 4th 2005 and we both decided that she should keep our daughter and I would get to see her whenever I wanted.

Between July and December 2005, my now 5 year old daughter confided in me that he older half brother had been touching her in her private areas on numerous occasions. After each time, I would talk to my soon to be ex-wife and explain to her that this needed to be addressed. I warned my ex that if our daughter mentioned it again, that I would be forced to go to the authorities.

On December 4th 2005, my daughter once again told me what was going on and that the abuse was still occurring. At the time, I was in the process of moving to South Carolina to restart my life.

The very next day, I called North Carolina’s DSS and South Carolina’s DSS and made a report considering that I was residing in SC at the time. I then called my ex and said that I had notified the authorities and in all good conscience and a parent, I could not allow my daughter to go back with her. SCDSS instructed me not to return my daughter to her mother until I get their approval.

After one day, NCDSS claimed there was no evidence of abuse and closed the case without even talking to my daughter.

SCDSS interviewed my daughter and they believe that she was in fact, being sexually abused and the caseworker referred me to get a forensic interview done by a child psychologist.

That week, I took my daughter to a child psychologist and had a forensic interview completed. According to her doctor, in her professional/personal opinion, my daughter was being molested by her half brother. I then filed a report with the Union County Sheriff’s Dept. Keep in mind, her doctor has been ruled as an expert in the state of SC and has testified in hundreds of cases for the state pertaining to child abuse/neglect/molestation.

Fast forwarding now to the temp custody hearing, our judge in Union County (Monroe, NC) struck my daughter’s psychologist’s affidavit from the record and ruled that it was hearsay. The judge also failed to acknowledge that SCDSS had completed a full-blown investigation and found that there was abuse present even though the Union County Sheriff’s Dept and NCDSS felt no crime was committed. The judge ruled that I had kept my daughter from her mother just to get back at her and that there was no evidence of wrongdoing.

I had custody of my daughter from DEC 2005 until I was ordered to give her back to her mother in October 2006. During that time, I received NO child support of any kind and now with the temp custody order, I had to return my daughter to her mother and on top of that, I now have to pay my soon to be ex wife 265.00 in child support.

Since then, I have had my daughter reevaluated by her psychologist and she believes that the environment she (My daughter) is currently in is very dangerous and she needs to be removed immediately.

My attorney filed for a Guardian Ad Litem and now it appears that he may not grant that either. It appears that this judge has obvious bias against anything related to the state of South Carolina and I’m losing faith in my attorney as well.

Everyday that I see my daughter, she tells me that she wants to stay with me and that she’s scared to go back to “mommy”. Each and everytime it rips my heart out and another piece of my heart dies. I told her in the beginning that I would protect her from her brother and that she wouldn’t have to worry about him again.

After making a promise to my daughter, I was forced to break it because of this judge’s order.

What can I do? Whom should I talk to? My daughter is depending on me and I can’t let her down.

Please help…