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Update from liandrajade-GP case in NY

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What is the name of your state (only U.S. law)? NY

Ok here is the latest, didnt want to add into the already huge other threads.

Child was assigned a law guardian last time we went to court in novemeber, next appearance is 12/11/09.

I met with the social worker yesterday, I went over EVERYTHING in the petition filed by the GP point by point, dad was with me as well.

I refuted every single thing in the petition and gave copies of everything to back it up. Dad also interjected that he also knows that I am not a neglectful mother and that the information given about where the child has been living is also wrong.

The social worker said that based of her communication with the GP, she doesnt think the GP knew what she was doing when she filed everything. She asked why the GP hadnt seen my child since august and that the GP states she had no way to contact me b/c I changed my phone number.

I advised of how the GP tried to keep my child illegally from me, stated she refused to give my daughter back to me and I had to take her to court and how I had to retrieve my child from her residence with the assistance of the police. I also advised that the GP made false allegations of neglect later the same day I had to retrieve my child from her residence. I gave copies of the closed CPS report to the social worker as evidence.

I also advised I have NEVER denied access to my child, I explained that I did not change my phone number voluntarily, the phone service was under my sisters name and SHE canceled my account once this issue occurred. I also advised that the GP knows my work phone number, my husbands cell phone number, the babysitters phone numbers, my personal email and my work email AND I have an aunt that lives not even 5 mins from me. If the GP felt uncomfortable speaking to me, there were other avenues of contact that were available and she FAILED to utilize them. NO ONE from the family has attempted any type of contact at all since I had to pick up my child from her house in august.

Both me and dad are in agreement that since my child wants to see her GP, we are ok with that BUT we WILL NOT agree to any type of custody with the GP. This entire situation was instigated and caused by the GP's irrational sense of entitlement to my child, she has caused the conflict and emotional disturbance in the family.

Now she went upstairs to my daughter's room to talk to her, when she came back downstairs, i knew my daughter was upset, she said yes my daughter started crying, she is sad. I said to her this is what Im talking about, there is NO reason for my child to be in the state she is.

The social worker asked would I consider calling my mom to talk to her, I said politely that right now this is a very tense emotional situation. I also stated that my daughter has been experiencing a lot of anxiety and stress over everything and I have been doing "damage control" and trying to reassure her that everything will be ok. I explained how upsetting it was to have to try and explain what CPS is, why they had to ask her questions about me and her step father, how we take care of her etc, how my daughter was asking if CPS was going to take her away from me etc. I told the social worker how i explained that CPS workers have to make sure that children are safe and being taken care etc. She said I did a very good job in handling everything the way I did, she hopes that everything will be worked out and she seems to think that the GP might drop the custody petition once she realizes that no one was trying to keep her from my daughter. She thinks the GP over reacted and thought this was the only way to see her grandchild{we know thats BS but whatever}

Now my only concern is that my child when she was asked who she wants to live with, she said BOTH parties, she said she is happy here, that I take care of her and she is happy being around her sister and step brother... the comment about living with both parties has me worried b/c Im thinking once the GP hears that from the Law guardian, she is going to continue pursuing custody.

Now I also need some clarification on proper protocol when a law guardian is involved. Am I allowed to ask my daughter about what was said to her by the social worker? Someone pointed out me that I cannot, that information is priviledged between the Law guardian that is representing my child. How much weight is given to a 7 yr old opinion? Im hoping Ohiogal can give me some insight here
 
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LdiJ

Senior Member
What is the name of your state (only U.S. law)? NY

Ok here is the latest, didnt want to add into the already huge other threads.

Child was assigned a law guardian last time we went to court in novemeber.

I met with the social worker yesterday, I went over EVERYTHING in the petition filed by the GP point by point, dad was with me as well.

I refuted every single thing in the petition and gave copies of everything to back it up. Dad also interjected that he also knows that I am not a neglectful mother and that the information given about where the child has been living is also wrong.

The social worker said that based of her communication with the GP, she doesnt think the GP knew what she was doing when she filed everything. She asked why the GP hadnt seen my child since august and that the GP states she had no way to contact me b/c I changed my phone number.

I advised of how the GP tried to keep my child illegally from me, stated she refused to give my daughter back to me and I had to take her to court and how I had to retrieve my child from her residence with the assistance of the police. I also advised that the GP made false allegations of neglect later the same day I had to retrieve my child from her residence. I gave copies of the closed CPS report to the social worker as evidence.

I also advised I have NEVER denied access to my child, I explained that I did not change my phone number voluntarily, the phone service was under my sisters name and SHE canceled my account once this issue occurred. I also advised that the GP knows my work phone number, my husbands cell phone number, the babysitters phone numbers, my personal email and my work email AND I have an aunt that lives not even 5 mins from me. If the GP felt uncomfortable speaking to me, there were other avenues of contact that were available and she FAILED to utilize them. NO ONE from the family has attempted any type of contact at all since I had to pick up my child from her house in august.

Both me and dad are in agreement that since my child wants to see her GP, we are ok with that BUT we WILL NOT agree to any type of custody with the GP. This entire situation was instigated and caused by the GP's irrational sense of entitlement to my child, she has caused the conflict and emotional disturbance in the family.

Now she went upstairs to Liandra's room to talk to her, when she came back downstairs, i knew my daughter was upset, she said yes my daughter started crying, she is sad. I said to her this is what Im talking about, there is NO reason for my child to be in the state she is.

The social worker asked would I consider calling my mom to talk to her, I said politely that right now this is a very tense emotional situation. I also stated that my daughter has been experiencing a lot of anxiety and stress over everything, I explained how upsetting it was to have to try and explain what CPS is, why they had to ask her questions about me and her step father, how we take care of her etc. I told the social worker that CPS workers have to make sure that children are safe and being taken care etc. She said I did a very good job in handling everything the way I did.
It sounds like the social worker knows very well that grandma has no chance whatsoever at custody, and would like to see the family patch things up. I think that is why she asked if you would be willing to call your mother and talk to her.

Whatever you do, don't agree to any court ordered visitation schedule for your mother. Its fine if you feel that its in the child's best interest to see grandma, but try to avoid court orders for visitation. If a court order has to happen, make the judge make the order based on the merits of the case. If there are problems later, it will be easier to get a non agreed order modified.
 

Ronin

Member
... If there are problems later, it will be easier to get a non agreed order modified.
Ditto.

As a general rule, anyone signing a proposed Order should always be alert for any statements indicating they AGREE to terms they do not agree to. They are within their rights to cross out any such references, or have it rewritten if necessary, before they sign.
 

BL

Senior Member
My GF agreed to court ordered visitations .It was a Hugh mistake .

GM continued to violate the orders and caused more emotional harm .

The GM , even if the Judge orders visitations will be limited and I don't believe overnights would even happen .

Try to convince the court that you will allow visitations ,but on your terms to avoid emotional damage to the child .

The GAL represents the child and that is confidential unless the GAL wishes to speak to you .
 

Ohiogal

Queen Bee
If the GAL represents the child how is a GAL a social worker and NOT an attorney. How is the GAL able to represent this child in COURT when she is not an attorney. The term law guardian seems misleading IF the social worker is NOT an attorney.

ETA: I agree with LD and Ronin and BL
 
The social worker that I met with works FOR the law guardian, she gets a report from the social worker who goes out into the field for her. So the person I met with is NOT the person who will representing my child, that lady will be there on friday. The social worker merely collected information and reports it back to the law guardian. Sorry I didnt clear that up....
 
this is going to be long**************

This is going to be a looooong post.....

Now forgive me bc im about to be completely immature and ridiculous and a downright jackass....

BWHAHAHAAHAHAHAHAHAHA ROFLMAO OMG AHAHAHAHAHAHAHHA****************************..


Ok....got that out of my system......

So today was the next mediation hearing since Dad is back from the army.

We show up, dad is all pretty like in his dress uniform....

We go in, referee goes over the basics, asking dad does he know whats going on, does he have a lawyer....she goes over again what the requirements are regarding a change in custody from a parent to non parent, how the GP has to show extroardinary circumstances exist that warrant enough of a change in custody or the only way is if both parents agree....

The referee asked if anything was resolved or agreed to regarding custody, we said we do not agree to the GP having any type of custody.....HOWEVER being that my child wishes to see her stupid GP, we would facilitate that outside of court.....so then the ref asked the law guardian what the child would like, she said the child would like to see her GP, that i knew already was going to happen...now the ref started to talk about coming to an agreement about visitation during the interim since we are STILL going to trial over custody in january..so yes the GP is still trying to get custody, unbelievable....

now after hearing the law guardian state her client would like to see her grandparent, the GP's lawyer interjected and said he would like to get the ball rolling and come up with a draft or something that all could review and sign off on if all parties like it, he said ON THE RECORD he advised his client that she faces a huge burden on getting custody changed, that the courts favor the mother/natural parents for visitation and custody was unlikely to be changed!!!! He admitted it on the record, in ny mediation is recorded and transcripted. So they KNOW they will lose when this goes to trial in jan...now shes looking like getting an order of visitation is her only hope....and i knew this woman wasnt going to back off..

the ref said she could draft something temporary stating that could be worded so that i would not be held to anything specific but at least 1 or 2 visits until the trial date ...

i politely declined agreeing to any written orders of visitation, stating that i have no problems with the gp seeing her grandchild but that i dont feel it is necessary to have a court order facilitating visitation, that should be arranged and worked on outside of court and that all parties should be able to come to an agreement without court intervention....the lawyer then interjected that the gp would like to have some kind guarantee she would see her grandchild, I replied the same thing, i have no problems letting her see my child but i respectfully decline any written orders, visitation can and should be able to be worked out outside of court, the ref said that she didnt think that was possible since there is a level of conflict and hostility....ultimately i did not agree to anything, she could not make me agree to anything either......i was polite about it, i wasnt hostile, just clear on my stand with any temporary orders, i didnt even have to use due process...lmao....

I said i would like to it go on record that i would facilitate visitation but i do not agree to any written orders....ref said that will have to be decided at trial then, she said she would hold me to my word about letting my child see that woman and hopefully something can be worked out before then....trial date is set for jan 5th, if nothing gets decided on the 5th it goes to the next day the 6th since they are trying to do everything while dad is still here....

also dad interjected that any visitation would have to be around his court ordered visitation...she seemed surprised that there was an order in effect, she asked where that was that decided and we told her here in suffolk county family court, sure enough she pulled up the last order on her computer right in front of everyone and there it was in black and white.....she printed it out right then and there and said that any visitation CANNOT interfere with the fathers orders and his orders SUPERCEDE EVERYTHING!!!! .....when we left the court room and spoke with the law guardian, she said she would have the social worker call us and try to work something out regarding my child seeing the GP but that it cannot be anything that interferes with his visitation time....
 
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BL

Senior Member
The pushy lawyer isn't done yet . They Judge may even get pushy .

Just stand your grounds and do not agree to anything court ordered.

Even if GM is awarded visitations , they will be very limited.
 

Zephyr

Senior Member
Yay for you today! Make sure to let granny-witch-face have a visit or two between now and court...probably supervised given her past behavior....:rolleyes:
 

LdiJ

Senior Member
Yay for you today! Make sure to let granny-witch-face have a visit or two between now and court...probably supervised given her past behavior....:rolleyes:
I agree...supervised or at least quite short. I am sure that grandma is going to attempt some "persuasion" with the child if she has too much alone time with her.
 
lol.. yes i am going to keep my word on letting my child see granny witch face...i spoke to my ex, so far the plan is he will bring our daughter to see them and stay around during the time since we cant trust them....things we are trying to figure out is when....it has to be around his time which is wed 6-9, all day sat/sun from 10-6.....so when the hell do they think they are getting my child once dad goes back to germany? i totally expect them to try and say since dad isnt around can she have time on the weekends but im pretty sure they wont go for that.....

i am still typing up a motion to dismiss for both myself and my ex, only reason it wasnt done before is bc i was in the hospital with chubby tubby and missed the deadline it needed to be served by....im including everything i possibly can....
 

wileybunch

Senior Member
I'm not saying you handled this the wrong way, but I don't like this idea that the referee says she doesn't think it's possible to come to an agreement without a written order because of the level of hostility. That is not a good enough reason to HAVE a written order. If it were, overstepping g'parents could just be totally pushy (like your mom has been) knowing that if they create enough conflict with the parents and sue for visitation, they will get court-ordered visitation.

How could those involved NOT know Dad has a court order for visitation? :rolleyes:

The picture that draws is rather scary for them not to realize this basic fact.

Oh, and hands off Dad's time, but Mom's time is available for the picking? :eek:

lol.. yes i am going to keep my word on letting my child see granny witch face...i spoke to my ex, so far the plan is he will bring our daughter to see them and stay around during the time since we cant trust them....things we are trying to figure out is when....it has to be around his time which is wed 6-9, all day sat/sun from 10-6.....so when the hell do they think they are getting my child once dad goes back to germany? i totally expect them to try and say since dad isnt around can she have time on the weekends but im pretty sure they wont go for that.....
I would totally expect her to do that.
 
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I'm not saying you handled this the wrong way, but I don't like this idea that the referee says she doesn't think it's possible to come to an agreement without a written order because of the level of hostility. That is not a good enough reason to HAVE a written order. .
Lol....keep in mind no evidence has been heard yet, I have not had a chance to whip out the real information, remember they refused to go thru anything without dad being here since he was deployed, now that he is here until 1/12/09, they will have to hear all the evidence and go from there....the referee did say that the GP HAS TO show extraordinary circumstances exist to warrant continuing with custody proceedings, also new york family court act statutes require that once something goes to trial it must be completed withing 90 days ....

im glad i havent yet in a way b/c judging by the way the lawyer got all snippy saying that he didnt want his client getting jerked around{or something like that i cant remember} and wants to ensure a minimum of time after i said no to any written orders. i think he got pissed b/c i politely circumvented his client from gaining any control right now and he must know that his client is GOING to lose her custody petition come january.....now im happy how today went but no way in hell am i getting conceited and assume victory just yet, I am still going after this custody petition hard and not giving up one inch....if anything they will have to order visitation bc i will not cave in and agree to anything....
 
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