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No count data seeking custody

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casa

Senior Member
In the previous post, I stated inconclusive. However, they still gave her victims compensation for sexual abuse.
Inconclusive is not the same as saying the allegations are unfounded...Inconclusive (along with being awarded Victim's Comp.) says they believe there was abuse but cannot conclude with certainty whom/what occured. Did your attorney submit the CPS information?? Did he even subpoena the records? Or cite them?

After these incidents, did you get the child in counseling?

What I'm trying to determine is this: Parents who sling false abuse allegations around, seldom if ever follow up. (w/few exceptions of such things as Munchausen by proxy etc.) Whereas a parent who genuinely believes their child is in danger, files restraining orders, goes to shelters, makes police reports, takes their child to specialists,etc. It could be the judge wasn't convinced because the actions you took immediately after didn't 'jive' with that.
 


casa

Senior Member
An afterthought:

What of the bruising that CPS documented upon the child's return? Were THOSE records/information provided to the Judge/Court?
 

mona1234

Junior Member
The only thing I didn't do is go to a shelter, of which, I'm putting things in storage now so if I need to do something, I'm, somewhat prepared.
 

casa

Senior Member
The only thing I didn't do is go to a shelter, of which, I'm putting things in storage now so if I need to do something, I'm, somewhat prepared.
Did your attorney file the documentation from CPS of the bruising or not? Physical abuse is a reason in many states to be denied custody outright.
 

mona1234

Junior Member
There's record of it in the DHS document and the records department of juvenile court, because they're holding the money in trust until she turns eighteen. Do you mean has the attorney presented proof to the judge? No he hasn't. The GAL hasn't either; and she knows about it. The attorney I have is working together with another attorney who was the main one, but had scheduled in advance vacation for that court date; and wanted me to take to court a letter stating she was on vacation and that it needed to be rescheduled. The other attorney was handling the bankruptcy matter - talking to the juvenile court bankruptcy attorney about what the status is on supports claim on his bankruptcy case and whether it had been dismissed. He really took alot on himself and started filing responses without my signature which obligated me to attend court. He couldn't do to well considering the lack of history he had; but honestly, after he filed all those responses, he should have requested to the judge some time to become familiar with the case. The GAL is really the main problem. She's trying to help his attorney out. She's black and his attorney is black and they act like they've known each other since gradeschool in the courtroom. She doesn't appear neutral at all. But all the evidence shows he's at fault. I think she's getting paid on the side or is involved in the buddy system; I scratch your back, your scratch mine.

I'm trying to figure out how to legally put a stay on this existing order. By the way, when I got her back Friday, she was complaining about her bottom in the car. When we got home, my sister and I checked her and went to the police department. They said to go to the childrens hospital or go to the pediatrician the next day. The childrens hospital usually has a 4 to 5 hour wait, so we waited the next day. They ended up having the child seen at the sexual assault resource center. DHS got involved and because he has temporary custody, I still had to take her back on Sunday. This has been the most god awful situation in my life.
 

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