T
telebelly
Guest
I need some suggestions on how to take GP back to court to overturn current court order. The GP has been abusive and neglegent with my child and moved without notifing me prior or even after. Any advice?
-
FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
By continuing to use this site, you are consenting to our Terms of Service and use of cookies.
Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills Please click a topic or scroll down for more.
U
usdeeper
Guest
Who currently has custody ??.. and if the GP, Why ?. Do you have any proof of the neglect ?. Do you have visitation of the child ?
T
telebelly
Guest
I have primary legal custody of my daughter, but the GP has partial custody every other weekend, over night from Sat am. to Sun pm.
Right now I am working on gathering the neglet evidence but I have proof of abuse. She was hit repeatedly on the buttocks, enough to leave bruises and welts for 4 days, bruises lasted longer. There was an investigation by state police but they claim there was not enogh evidence to procecute the offender. The GP is a convicted DUI offender, an alcholic and mentally unstable. ( she shows papers from her psych.)She's been pulled over for speeding with my child in the car(child told me) and has moved without notifing me. She got the visitation/custody because her son is dead.
Telebell
Right now I am working on gathering the neglet evidence but I have proof of abuse. She was hit repeatedly on the buttocks, enough to leave bruises and welts for 4 days, bruises lasted longer. There was an investigation by state police but they claim there was not enogh evidence to procecute the offender. The GP is a convicted DUI offender, an alcholic and mentally unstable. ( she shows papers from her psych.)She's been pulled over for speeding with my child in the car(child told me) and has moved without notifing me. She got the visitation/custody because her son is dead.
Telebell
Z
ZSMOM
Guest
I HAVE SOME INTERESTING NEWS FOR YOU. IT JUST MIGHT BE HELPFUL!! I KNOW OF A WEBSITE THAT IS STRICTLY FOR PEOPLE THAT ARE BATTLING GP VISITATIONS. THE WEBSITE IS PARENTSRIGHTS.ORG. GO TO THE BULLETIN BOARD. THIS WILL BE A GREAT PLACE TO FIND SUPPORT AND GREAT ADVICE. THERE WAS A CASE IN DANVILLE KY. THAT THREW OUT GP VISITATION AS BEING UNCONSTITUTIONAL. YOU HAVE A GOOD CHANCE OF GETTING IT THOWN OUT YOURSELF. GOOD LUCK!!!IF YOU NEED ANYMORE INFORMATION JUST LET ME KNOW.
U
usdeeper
Guest
Well, I have some good news for you... The GP rights to visitation were stuck down by the United States Supreme Court this year who basically said that GP have absolutely no rights to visitation where the child is being cared for and not being neglected by the nature parent(s).
However, although this has not filtered down to all states, it is believed that no judge would rule against the natural parents in favour of the GP when they know subseqent appeals would be overturned.
Regardless of all the above, she is either abusing or neglecting the child. If you have custody of this child, then either,
Refuse to allow any further visitation and let them start legal proceding, or
Get an attorney and seek to have the visitation judgement overturned.
Either way, gather up all evidence, document everything and get as many eye witness acounts as possible.
Personally, if I thought my child was being abused or neglected.. then I would not be sending my child out to be with those people.
Supreme Court Ruling TROXEL et vir. v. GRANVILLE. Decided June 5, 2000. You can read at,
http://caselaw.findlaw.com/cgi-bin/getcase.pl?court=US&navby=case&vol=000&invol=99-138
------------------
SMILE - Start Making It Livable for Everyone
Divorce is a process over which children have no control. Children should not be its victims.
When parents are under stress, it is harder to be in touch with their children's pain and anguish.
It takes time, effort, and planning on the part of the parents to be able to provide for the children's needs.
In the crisis of divorce, parents may put their children on hold while they attend to adult problems first.
Sometimes separating/divorced parents find that their roles and expectations are undefined and cloudy.
If handled properly, divorce need not be devastating for children.
[This message has been edited by usdeeper (edited July 26, 2000).]
However, although this has not filtered down to all states, it is believed that no judge would rule against the natural parents in favour of the GP when they know subseqent appeals would be overturned.
Regardless of all the above, she is either abusing or neglecting the child. If you have custody of this child, then either,
Refuse to allow any further visitation and let them start legal proceding, or
Get an attorney and seek to have the visitation judgement overturned.
Either way, gather up all evidence, document everything and get as many eye witness acounts as possible.
Personally, if I thought my child was being abused or neglected.. then I would not be sending my child out to be with those people.
Supreme Court Ruling TROXEL et vir. v. GRANVILLE. Decided June 5, 2000. You can read at,
http://caselaw.findlaw.com/cgi-bin/getcase.pl?court=US&navby=case&vol=000&invol=99-138
------------------
SMILE - Start Making It Livable for EveryoneDivorce is a process over which children have no control. Children should not be its victims.
When parents are under stress, it is harder to be in touch with their children's pain and anguish.
It takes time, effort, and planning on the part of the parents to be able to provide for the children's needs.
In the crisis of divorce, parents may put their children on hold while they attend to adult problems first.
Sometimes separating/divorced parents find that their roles and expectations are undefined and cloudy.
If handled properly, divorce need not be devastating for children.
[This message has been edited by usdeeper (edited July 26, 2000).]
T
telebelly
Guest
It is not like i WANT or LIKE sending my child there, I don't have anyone to take care of her when contemp charges are brought against me and I end up in jail.
I am looking for an attorney who win fight not negotiate with the enemy. Know any?
I want one who believes in parents rights and will fight using the 14th amendment and the outcome of Troxel vs. Granville case.
I am looking for an attorney who win fight not negotiate with the enemy. Know any?
I want one who believes in parents rights and will fight using the 14th amendment and the outcome of Troxel vs. Granville case.
T
telebelly
Guest
Oh and by the way,the father and I are not divorced or seperated, he's dead.
U
usdeeper
Guest
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by telebelly:
It is not like i WANT or LIKE sending my child there, I don't have anyone to take care of her when contemp charges are brought against me and I end up in jail.<HR></BLOCKQUOTE>
If there are signs of abuse then you will not end up in jail.. Collect the evidence, document everything, see an attorney. In the mean time, deny visitation.
As I said, if someone hit my child and left marks that lasted 4 days I would have photographs, a police report and not let them anywhere near the child
It is not like i WANT or LIKE sending my child there, I don't have anyone to take care of her when contemp charges are brought against me and I end up in jail.<HR></BLOCKQUOTE>
If there are signs of abuse then you will not end up in jail.. Collect the evidence, document everything, see an attorney. In the mean time, deny visitation.
As I said, if someone hit my child and left marks that lasted 4 days I would have photographs, a police report and not let them anywhere near the child
Find the Right Lawyer for Your Legal Issue!
Fast, Free, and Confidential
data-ad-format="auto">