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leslie22

Guest
My close friend in going through a custody battle over his two daughters who currently reside in Tulsa OK. He has just found out that his custody evaluator has decided in his report that the girls should stay with their mother in tulsa. We have a problem with this b/c his estranged spouse is a registered sex offender. She pled guilty to the sexual assault of a minor. We don't understand how this can happen, when my friend has no criminal background what so ever!

We would appreciate any words of advice or encouragement anyone could offer. He resides in Arkansas, but the actually custody case is going on in Oklahoma.

Thanks
 
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stealth2

Under the Radar Member
Obviously not knowing all the details, I can't help but wonder why on earth he left the kids with her in the first place? Did she move to OK, or did he move to Arkansas? And how long ago was her conviction (and what was it for - that *might* make a difference... not condoning it, but if it was, say, a 20 yo woman and a 17 yo guy, the courts might not view it the same was as if the kid was 10...)? Just sort of brainstorming.
 
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leslie22

Guest
I am sorry.... I didn't do a good job in providing all of the details. I am new to all of this. :) But I do appreciate the response.

They had plans to move out of state so he could go to school. He went on ahead of them with the understanding that they would follow. Apparently she had been planning to leave him for a while. Instead of following like they had planned, she went to live with her parents and took the girls with her.

So now she lives in her parents home in Tulsa, and he lives with his parents in Arkansas. He doesn't like the fact that his girls are in another state. But he had to go live with his parents so he can afford to fight for them.

Her conviction was two years ago. She was a teacher at a religious school and pled guilty to allowing one of her students to perform oral sex on her on at least two occasions.

thanks again for your brainstorming....hope this helps
 
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kat1963

Senior Member
I'm curious, in the report, does it even mention that she was convicted of this? If not, the judge needs to be aware.
KAT
 
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leslie22

Guest
This case hasn't actually gone before a judge yet. We have been waiting for her to do her part with the custody evaluator. She has stalled this for almost two years. Then it will go before a judge. We were told that 95% of the time the judge rules in favor of the custody evaluator's decision......which is why we are so concerned.

My friend mentioned to the evaluator many times that his spouse is a registered sex offender, which is why we couldn't understand his decision. We just recently found out that the evaluator threw out my friend's allegations of her sex offense because his attorney never submitted any documentation of it. My friend gave his attorney documentation about her offense and told him to submit it to the evaluator. The attorney never did it. So, to the evaluator my friend's statements were just unsubstantiated allegations.

It starting to look like the attorney really messed this up.
 

kat1963

Senior Member
He might have had his reasons, I would certainly question the lawyer about his motives. However, he might feel that it is best to just bring it to the judges attention...to heck with the evaluator who is probably bias and would manage to poo-poo it anyway.

I gave our evaluator 16 pages of just court documents about our biotroll being a shoplifter 2x, drunk driver 2x, domestic violence (police at the home 23x in one month). welfare fraud, child support fraud, adultry (she's been called 2x into court for that, 2 different men) she's sued 8 people (all recent) and explained that the only reason she wanted custody after 7 years was because she wanted the money (doesn't work, is 37 years old), no credit because she went bankrupt 2 years ago, and already $25,000 in liens against her. There was nothing, not one word about any of that in the report...see what I"m getting at here? It just might not have been worth it. In the end we gave her custody, so it was a moot point and our lawyer said bringing it up would make her lose...at the point we were at, we just wanted it over with (teenagers, didn't want rules*sigh*).

Anyway, sorry for rambling. Good Luck to your friend, make sure he questions the lawyer, that is what you PAY him for.
KAT
 
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leslie22

Guest
thanks.

We are hoping he can in some form or fashion come up with a rebutal to give to the evaluator. I don't want to totally give up on the evaluator b/c he recognized some really good things about my friend as a father. I am hoping that the evaluator was just forced to not be able to use her offense b/c he had no documentation. (but I might be a little naive)

Sounds like you had quite a time ..... and I am afraid my friend's isn't over yet. My friend is definitely going to talk to his attorney about why the documentation never made it. First he contacted the evaluator's secretary and she is going to go through his file (while is volume's in length) and verify that nothing of that nature was ever submitted by his attorney. Then he will ask his attorney why it never got done.
 

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