• 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.

Mother's Day Family Visit

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

blairbushprojec

Junior Member
Arizona - Navajo Nation

I am a non-indian with an enrolled Navajo child. I moved to the Navajo Reservation when I filed a Paternity Action, and was granted physical custody of my son after his father discontinued any communications with me and prevented me from seeing my son. Communications with the father in order to arrange to see the child was labeled harassment.

My intent for my son to live with his father was not to prevent the child from accessing his family, and to share in the raising of the child. The benefits of that include insuring my son has access to his language and traditions from his father's side, as well as growing up around other full and mixed race children.

The father filed in court that he felt he needed a DNA test, which his family states is because he doesn't want to be responsible for the child support. I am not opposed to it. If the child isn't his, it would be a blessing in my life. There is nothing I want more than the child not to be his, because I made a serious mistake in my life and found out through domestic violence.

Now, the perpetrator of Domestic Violence is claiming that I am harassing him. I was invited by his family, both me and my son were invited to his sisters house. While there, they asked if the child could see his grandparents, well of course I'm okay with that. They asked if the child could visit with his father, and I said I don't want any problems, but I want to show that I'm willing to arrange visitation, that I'm not actively preventing my son from seeing his dad.

He came, he saw the child, and the child asked him why was he getting the DNA test aren't you my dad? So his advocate (not attorney) is claiming I am speaking about the situation with the child. Which I can't deny, if he isn't the father, the conversation needs to be developed with the child. It is unfair to make me a villain over it. I didn't ask for the DNA test, he did. But, I'm not punishing the father and saying he's bad for asking for it. It is his right.

But it is my responsibility to inform the child, that DNA tests have shown that people mother's thought were the father, sometimes aren't. And if that happens, then really, I made a mistake. That is the reality for women, we can't get prenatal DNA, but it is unfair to say that this is harassment because the child is old enough to have the conversation, and wants to know.

He doesn't get all the details, but there are overlaying social issues that I HAVE to discuss with my child as a mother. I've had to explain to him racism, I've had to deal with quantum, I've had to deal with his questions regarding why the situation is what it is, and I don't believe I've transgressed. I'm not giving him fairy tails, but I'm not shunting the blame on the dad. But the dad made his choice in denying his parentage, when he has signed Paternity Acknowledgement and has made himself the "PSYCHOLOGICAL FATHER" of the child and had alienated me as a parent. This guy had the child calling his sister mom, and said I was a stranger and the family didn't know who I was. I might add, that I am an activist, and for many years involved in high profile direct action. I chained myself to a building and SWAT team unleashed me. I've done more than that, and have quite an arrest record, but no jail time. Of course the father is stating that I am a danger to the child. The father's jail record is violence and criminal activity like burglary, which will be compared to trespassing, which is what I got for the SWAT team episode.

They of course, are now filing for a Temporary Protection Order, claiming that I am abusing the child, by bringing him there and shaming the family, and here is my problem....

The family claims they have not seen dad's protection order whose subject was the last family invitation. They claim they are not in agreement with Kerry, and one is willing to testify (the primary subject of the claim) to court that she does want to have a relationship with me, and did call the father and the grandparents for the visit. But they are insisting that I come for mother's day gathering at their house.

The TPO hearing was postponed because my attorney is unreachable due to a possible family crisis. (He too is native and lives on the reservation). My first impression is not to go, and I told that to the sister. I would go further to say, i would even not want to go, and drop off the child. The family however is insisting that all mothers in the family are invited and are insisting that I attend regardless of the TPO pending. I don't want to seem like I'm generalizing Navajo's, but I'm pretty sure many have problems with family members, and go on with their lives. Their main focus is the child, and I am the child's mother, and they respect me as such, and that is beyond reasoning in my opinion! They don't have to be like that or express this. The child desperately wants to go and misses his family tremendously. He doesn't understand what is going on, and feels sad that he would have to delete his families number from his phone, to prove that we don't want to harass them.

I understand that harassment is in the mind of the victim. Having endured drunken rages at my employment, sudden attacks of male friends by him as having "interest" in me, and I know what it is like to not want to be around someone. I personally don't want to deal with him at all, ever. The man attempted to kill me. But I had a child. I'm confused on how to negotiate any form of custody with the father if any contact is harassment, and I am confused on how to proceed with the family if contact with them is perceived as harassment by the father.

I am completely confused in how to deal with my son, who has wants and love in his little heart. He didn't do any of this.

Any advice any of you may have for me might help. If you've had experience with the tangle of DV and custody, please say something, it might inspire. If the family writes a note, or has an invitation with my name sufficient to continue a visit before the TPO hearing, and would that visit, cause me to be restrained? I feel so guilty for saying I can't come, and sad. But I live with a family now on the other side of the rez, and I can make fry bread with them. Its my son that wants his family.
 
Last edited:


Ohiogal

Queen Bee
Far too much there. YOu flipped back and forth and I have no clue what is going on so let us simplify:

Who filed for paternity/custody/visitation?
In what court?
Who is Navajo?
Where is the child living?
With who?
Against whom is the protection order?
Who is protected by the protection order?
What are the allegations on the protection order?
In what court was the protection order filed?
Where did all these events take place?
 

blairbushprojec

Junior Member
Far too much there. YOu flipped back and forth and I have no clue what is going on so let us simplify:

Who filed for paternity/custody/visitation? I petitioned a Paternity Action in Navajo Nation court, because the child was with the father and refused any communication from me in a Joint Custody arrangement.
In what court? The joint custody was in California, referring to Navajo Nation if there were problems with the visitation.
Who is Navajo? The father and the child censused tribal members.


Where is the child living? With me on the Navajo Nation. I am living here as a guest because I want the child to continue his schooling here, and to encourage visitation with the father's family.

With who? The child is living with me. I was born in Texas, and the child was born in Kayenta AZ.

Against whom is the protection order? within the Paternity Action that I filed, the defendant, the father questioned his own paternity to avoid child support. So the court ordered DNA. I was invited to the families house, and pursuant to that visit, the father's advocate filed a nasty TPO Motion Hearing. My attorney didn't show, and I cannot get ahold of him. A new date for the hearing has not been filed. So the TPO is by him against me, in my Paternity Action requesting that the child be removed from me because I may have mentioned the DNA test during the family visit. Actually the protection order makes many false claims, but requests that I am a danger to the child and the child should be removed from me.

Who is protected by the protection order?
The father defendent from me the petitioner of the Paternity Action, and subsequently the removal of the child if the court recognizes the false allegations.

What are the allegations on the protection order?
That I went door to door to various family member's homes without invitation, and asked "Why is he denying he's the father?" "Why is he denying his son?". Which is completely untrue. I know why he's denying paternity, child support. And the sisters quoted claim they will testify that what he's saying isn't true. He claims I had a conversation with his mother and she is mono-lingual, so that incident never occurred. They would have to quote a translator.

They claim that I am speaking in front of the child stating that the father is denying him. That I am a danger to the child. I need to be ordered to place the child in counseling (I put the child in counseling immediately after I received custody of him, so I'm not sure why they are asking for that) and be educated by them on the DNA matter.

Buried in this same document the defendent claims that because the father hasn't submitted DNA for the child, he still has vested interest and Navajo Nation should take the child on behalf of the father, and eliminate me and my family as parents because I was parading around, shaming them, saying who's your daddy and a bunch of stuff that just didn't happen. So basically they want navajo nation to take my son from me because I'm non-navajo and can't be his mother because the dad hasn't taken a dna test? I've fully cooperated with the court on every level, and I'm the petitioner. Can they take my son right now? I requested that if this is an action that determines the adoptive placement of my child then the entire family needs to be notified, including my parents in texas, especially if my attorney doesn't respond for some personal life event that I cannot control.

In what court was the protection order filed? Navajo Nation Family Court, Kayenta Arizona.

Where did all these events take place? Black Mesa Arizona, 5 miles south of Black Mesa Pipeline Road, Joint Use Area - formerly disputed lands Hopi Partitioned Lands, leased by Peabody Western Inc., Lehman Brothers Subsidiary.

I campaigned for 10 years for the shut down of the Mohave Generating Station in Laughlin NV, and that is how I know the "father", and how I came to have a child there. The campaign was focused in Los Angeles, against Southern California Edison and LADWP, called "Generating Genocide". Co-produced a film called Vanishing Prayer, you can look up on youtube if it helps

The Joint Custody resulted from a toxic chemical exposure I made the decision for the child to go to his dad's because as a single mom without child support I was facing extended medical hospitalizations and in a personal health crisis. Tested blood positive for Lead. Serious pneumatic conditions resulting in hospitalizations, HIPAA filter rooms etc. I needed the dad to come and get his son, he refused. I petitioned Navajo Nation, they came and transferred the child to the presumed father. Joint Custody ordered by my petition in CA, for equality, and CA issued referring any problems further considered by NN.

The father acknowledged paternity to California and refused a DNA test, when the transfer was authorized pending my medical treatment. When I came to pick up the child after agreeing to joint custody and offering to keep him for the summers, he refused, charged me with Domestic Violence, and that was dismissed. (He kept changing his numbers claiming that my contacting the child was harassment.) I was arranging visitation and denied over and over. I filed a Paternity Action, and the child was given back to me. So, I have the child, he's refusing to acknowledge the child is his for child support, but submitted a petition having the child removed from me by an advocate, who claims my attempt at visitation with the family who requested, was harassment.
 

Isis1

Senior Member
I got to the second paragraph then I stopped. You had absolutely NO business letting the child know about the DNA test. NONE!!! He did not have a right to know? You told him daddy was trying to deny him. Did you also explain to him that mommy can't even say for sure who the daddy is since she can't seem to keep tabs on who she sleeps with and when? No? That whole conversation was to put dad in a bad light. Nothing else. Poor kid :mad:
 

blairbushprojec

Junior Member
Regarding Isis. The question that was posed to me was what the charges were. The charges were that I discussed the DNA with the child.

I did not.

However, if I did say anything, I offer examples of what I might have said. And the only time I can remember DNA coming up is when there was a show on it and the child asked me what was DNA, and that's what I said. But I'm telling you, it had nothing to do with the father, and it was before this incident, and I'm saying this like truthfully, that is all I remember.

I do know who I sleep with. And that isn't very nice of you to say. The only person questioning the DNA is the father, which only came forward with his refusal to pay child support. And I didn't ask for child support, the child support is a part of the Paternity Action.

I have not said anything to the child about DNA or his dad. I am repeating the allegations the father made against me. fyi.
 

blairbushprojec

Junior Member
My intent for my son to live with his father was not to prevent the child from accessing his family, and to share in the raising of the child. The benefits of that include insuring my son has access to his language and traditions from his father's side, as well as growing up around other full and mixed race children.

The father filed in court that he felt he needed a DNA test, which his family states is because he doesn't want to be responsible for the child support. I am not opposed to it. If the child isn't his, it would be a blessing in my life. There is nothing I want more than the child not to be his, because I made a serious mistake in my life and found out through domestic violence.


This is the 2nd and 3rd paragraph, I don't know what you are reading, but I have not made a statement that I told the child anything. I'm retelling the accusations and mixing them with thoughts I've had or feelings that I have, to you plural audience, but not once have I explained actual conversations that I've had with my son. My son was told that his sister was the child's mother, so I'm not the one with the DNA problem, I know who the daddy is, he doesn't. The DNA will show if I am right. I don't need DNA, I know I am the child's mother.
 

Silverplum

Senior Member
Regarding Isis. The question that was posed to me was what the charges were. The charges were that I discussed the DNA with the child.

I did not.

However, if I did say anything, I offer examples of what I might have said. And the only time I can remember DNA coming up is when there was a show on it and the child asked me what was DNA, and that's what I said. But I'm telling you, it had nothing to do with the father, and it was before this incident, and I'm saying this like truthfully, that is all I remember.

I do know who I sleep with. And that isn't very nice of you to say. The only person questioning the DNA is the father, which only came forward with his refusal to pay child support. And I didn't ask for child support, the child support is a part of the Paternity Action.

I have not said anything to the child about DNA or his dad. I am repeating the allegations the father made against me. fyi.
Your "contradiction" from the first post to the latest is helpfully bolded below. How, if the boy was not told about the DNA testing, did the boy know to ask his father why the father wanted a DNA test??

We catch every "contradiction."
;)

Arizona - Navajo Nation

I am a non-indian with an enrolled Navajo child. I moved to the Navajo Reservation when I filed a Paternity Action, and was granted physical custody of my son after his father discontinued any communications with me and prevented me from seeing my son. Communications with the father in order to arrange to see the child was labeled harassment.

My intent for my son to live with his father was not to prevent the child from accessing his family, and to share in the raising of the child. The benefits of that include insuring my son has access to his language and traditions from his father's side, as well as growing up around other full and mixed race children.

The father filed in court that he felt he needed a DNA test, which his family states is because he doesn't want to be responsible for the child support. I am not opposed to it. If the child isn't his, it would be a blessing in my life. There is nothing I want more than the child not to be his, because I made a serious mistake in my life and found out through domestic violence.

Now, the perpetrator of Domestic Violence is claiming that I am harassing him. I was invited by his family, both me and my son were invited to his sisters house. While there, they asked if the child could see his grandparents, well of course I'm okay with that. They asked if the child could visit with his father, and I said I don't want any problems, but I want to show that I'm willing to arrange visitation, that I'm not actively preventing my son from seeing his dad.

He came, he saw the child, and the child asked him why was he getting the DNA test aren't you my dad? So his advocate (not attorney) is claiming I am speaking about the situation with the child. Which I can't deny, if he isn't the father, the conversation needs to be developed with the child. It is unfair to make me a villain over it. I didn't ask for the DNA test, he did. But, I'm not punishing the father and saying he's bad for asking for it. It is his right.

But it is my responsibility to inform the child, that DNA tests have shown that people mother's thought were the father, sometimes aren't. And if that happens, then really, I made a mistake. That is the reality for women, we can't get prenatal DNA, but it is unfair to say that this is harassment because the child is old enough to have the conversation, and wants to know.

He doesn't get all the details, but there are overlaying social issues that I HAVE to discuss with my child as a mother. I've had to explain to him racism, I've had to deal with quantum, I've had to deal with his questions regarding why the situation is what it is, and I don't believe I've transgressed. I'm not giving him fairy tails, but I'm not shunting the blame on the dad. But the dad made his choice in denying his parentage, when he has signed Paternity Acknowledgement and has made himself the "PSYCHOLOGICAL FATHER" of the child and had alienated me as a parent. This guy had the child calling his sister mom, and said I was a stranger and the family didn't know who I was. I might add, that I am an activist, and for many years involved in high profile direct action. I chained myself to a building and SWAT team unleashed me. I've done more than that, and have quite an arrest record, but no jail time. Of course the father is stating that I am a danger to the child. The father's jail record is violence and criminal activity like burglary, which will be compared to trespassing, which is what I got for the SWAT team episode.

They of course, are now filing for a Temporary Protection Order, claiming that I am abusing the child, by bringing him there and shaming the family, and here is my problem....

The family claims they have not seen Kerry's protection order whose subject was the last family invitation. They claim they are not in agreement with Kerry, and one is willing to testify (the primary subject of the claim) to court that she does want to have a relationship with me, and did call the father and the grandparents for the visit. But they are insisting that I come for mother's day gathering at their house.

The TPO hearing was postponed because my attorney is unreachable due to a possible family crisis. (He too is native and lives on the reservation). My first impression is not to go, and I told that to the sister. I would go further to say, i would even not want to go, and drop off the child. The family however is insisting that all mothers in the family are invited and are insisting that I attend regardless of the TPO pending. I don't want to seem like I'm generalizing Navajo's, but I'm pretty sure many have problems with family members, and go on with their lives. Their main focus is the child, and I am the child's mother, and they respect me as such, and that is beyond reasoning in my opinion! They don't have to be like that or express this. The child desperately wants to go and misses his family tremendously. He doesn't understand what is going on, and feels sad that he would have to delete his families number from his phone, to prove that we don't want to harass them.

I understand that harassment is in the mind of the victim. Having endured drunken rages at my employment, sudden attacks of male friends by him as having "interest" in me, and I know what it is like to not want to be around someone. I personally don't want to deal with him at all, ever. The man attempted to kill me. But I had a child. I'm confused on how to negotiate any form of custody with the father if any contact is harassment, and I am confused on how to proceed with the family if contact with them is perceived as harassment by the father.

I am completely confused in how to deal with my son, who has wants and love in his little heart. He didn't do any of this.

Any advice any of you may have for me might help. If you've had experience with the tangle of DV and custody, please say something, it might inspire. If the family writes a note, or has an invitation with my name sufficient to continue a visit before the TPO hearing, and would that visit, cause me to be restrained? I feel so guilty for saying I can't come, and sad. But I live with a family now on the other side of the rez, and I can make fry bread with them. Its my son that wants his family.
 

blairbushprojec

Junior Member
Well okay we can conversate about contradictions. And I am exploring it in my mind, and as far as I can say I personally am not making statements about the process to my son.

What I am stating is that I am being accused of it. So regardless of whether I actually did, is a matter of investigation. Either they will prove I did or I didn't.

It actually doesn't matter if I said anything to my son. I'm being charged with doing it. And let's be clear, I can say I didn't all day and night. The bottom line is they said I said. And in each circumstance their accusation will have to be compared to what I would have said or might have said, and what was actually experienced by the child would be compared to that.

I recycle cans and collect them in a pile near the house. I drink diet soda. If I go around picking up beer cans on the reservation does that mean I drank the beer that was in it. If my son says his father is an adlaani does that mean I told him his father drinks? And if I ask the court for a drug/alcohol screening does that mean I'm saying to my son he's an alcoholic. Are these contradictions?

If you have ever been involved in a family court process dealing with someone who is a perpetrator of domestic violence, you may challenge me. My experience is that the truth doesn't matter when it comes to me. The father says whatever he wants, and I have to scientifically challenge it. If I challenge the father I am a danger to my child.

I'll give you one more example. The father filed a domestic violence action against me when I came to pick up my son for his joint custody visitation. The father claimed I was crawling around on the ground, in the middle of the night loosening the bolts on his truck. I proved to the court the truck didn't exist. The case was dismissed. He is again, fabricating a story, and unless I know what I am dealing with, my concern, is that something may have happened to my attorney, and if he doesn't answer for some reason, do I need to contact an Attorney in Texas and petition Navajo Nation to relocate the child, or do I stay here without representation, when I am the petitioner and argue about something that doesn't exist. I never spoke to my child about DNA. The father is claiming it occurred.
 

Silverplum

Senior Member
Hire THREE attorneys. You need each and every one of them.

You can't write two sentences within one paragraph without contradicting yourself. :rolleyes:

By the way, I was using the word "contradiction" in a *nice* way. The other word I had in mind has only three letters and starts with the letter "L."

:rolleyes:

Well okay we can conversate about contradictions. And I am exploring it in my mind, and as far as I can say I personally am not making statements about the process to my son.

What I am stating is that I am being accused of it. So regardless of whether I actually did, is a matter of investigation. Either they will prove I did or I didn't.

It actually doesn't matter if I said anything to my son. I'm being charged with doing it. And let's be clear, I can say I didn't all day and night. The bottom line is they said I said. And in each circumstance their accusation will have to be compared to what I would have said or might have said, and what was actually experienced by the child would be compared to that.

I recycle cans and collect them in a pile near the house. I drink diet soda. If I go around picking up beer cans on the reservation does that mean I drank the beer that was in it. If my son says his father is an adlaani does that mean I told him his father drinks? And if I ask the court for a drug/alcohol screening does that mean I'm saying to my son he's an alcoholic. Are these contradictions?

If you have ever been involved in a family court process dealing with someone who is a perpetrator of domestic violence, you may challenge me. My experience is that the truth doesn't matter when it comes to me. The father says whatever he wants, and I have to scientifically challenge it. If I challenge the father I am a danger to my child.

I'll give you one more example. The father filed a domestic violence action against me when I came to pick up my son for his joint custody visitation. The father claimed I was crawling around on the ground, in the middle of the night loosening the bolts on his truck. I proved to the court the truck didn't exist. The case was dismissed. He is again, fabricating a story, and unless I know what I am dealing with, my concern, is that something may have happened to my attorney, and if he doesn't answer for some reason, do I need to contact an Attorney in Texas and petition Navajo Nation to relocate the child, or do I stay here without representation, when I am the petitioner and argue about something that doesn't exist. I never spoke to my child about DNA. The father is claiming it occurred.
 

CourtClerk

Senior Member
Well okay we can conversate about contradictions. And I am exploring it in my mind, and as far as I can say I personally am not making statements about the process to my son.
Converse... the word is converse

What I am stating is that I am being accused of it. So regardless of whether I actually did, is a matter of investigation. Either they will prove I did or I didn't.
Which you did, and unless you plan on committing perjury, then you'll admit it on the stand when asked - you've already admitted you did, which was completely and utterly inappropriate to do. Any judge, Native American or otherwise would see this as a blatant example of your bad decision making. How old is this child anyway?????
It actually doesn't matter if I said anything to my son.
Actually, it does.
I'm being charged with doing it. And let's be clear, I can say I didn't all day and night. The bottom line is they said I said.
Actually, the bottom line is YOU said you said it.
 
Last edited:

blairbushprojec

Junior Member
Contradicting False Allegations

Your "contradiction" from the first post to the latest is helpfully bolded below. How, if the boy was not told about the DNA testing, did the boy know to ask his father why the father wanted a DNA test??

We catch every "contradiction."
;)
Okay, so sue me for not adding quotes to the father's accusation:

He came, he saw the child, and the child asked him why was he getting the DNA test aren't you my dad? So his advocate (not attorney) is claiming I am speaking about the situation with the child. Which I can't deny, if he isn't the father, the conversation needs to be developed with the child. It is unfair to make me a villain over it. I didn't ask for the DNA test, he did. But, I'm not punishing the father and saying he's bad for asking for it. It is his right.

But it is my responsibility to inform the child, that DNA tests have shown that people mother's thought were the father, sometimes aren't. And if that happens, then really, I made a mistake. That is the reality for women, we can't get prenatal DNA, but it is unfair to say that this is harassment because the child is old enough to have the conversation, and wants to know.


So I'm adding in the second paragraph my opinion. The first paragraph is the father's statement to the court in the TPO within my Paternity Action.

The incident I recall: The child and the father were outside by themselves we were inside the trailer, the sister and I. The father CLAIMS that the child asked him why is he getting the DNA test. During an invitations by the sister for me to come over and we explicitly agreed that we would not inform the father that I or the child was there. While I was there the sister said, oh, grandma and grandpa are down the street at another sisters house, can the child see them. I said yes. She asked, can I tell Kerry that you are here, and can he see the child. I said yes, as long as there are no problems. I didn't hear the conversation between the father and the child, I don't know if it is true or not, there are no witnesses but the child and the father. The child in the car a day later said, Mom, dad says I can come see him after the DNA test. I didn't say anything to the child. So if he said something to the child and is blaming me what can I do?

The father said I waltzed over and the entire family was confused why I was there. I have family members who are willing to testify that they were not interviewed for the TPO petition, have not received a copy, and want me over for Mother's Day. I'm feeling guilt because I said no.

So, back to you and Isis, at what point do you have a right to say that I don't know who I am sleeping with, and that I am contradicting myself.

There is a lot here, and I apologize if everything isn't in the text or said right. I am willing to explain, but I was already marked for saying too much and now you want more.

If you have advice, on how to approach completely false allegations, multiple times... from a perpetrator of domestic violence who is a tribal member and is receiving preferential treatment because I am a non-indian and the law favors jurisdiction with the Tribe rather than the non-indian parent. Can they fabricate a bunch of non-sense and use it as a basis to remove the child while the attorney is temporarily unavailable from suspicious circumstance in this hearing? Should I seek an injunction or just simply get a note from the family, attend the Mother's Day, and say you're full of crock and wait till my attorney gets back?

One thing I know is true, is the father is putative, denied HIS paternity, and if I state that he is the father, than I am pretending I have an Indian baby.

Come on people. plueez.
 

CourtClerk

Senior Member
All of this can be solved completely with minor's counsel, a GAL AND a very thorough full focusted child custody evaluation... as much as I don't like to do it, then they can ask the child AND tell whether or not the child is being coached by a very long winded and slick tongued mother....

OP, I suggest you get out your checkbook
 

Silverplum

Senior Member
You need FIVE attorneys.

One to listen to you.
One to figure out what you "really" meant.
One to shut you up.
One to make the alcoholic beverages.
One to drive everyone else home.

:rolleyes:

Okay, so sue me for not adding quotes to the father's accusation:

He came, he saw the child, and the child asked him why was he getting the DNA test aren't you my dad? So his advocate (not attorney) is claiming I am speaking about the situation with the child. Which I can't deny, if he isn't the father, the conversation needs to be developed with the child. It is unfair to make me a villain over it. I didn't ask for the DNA test, he did. But, I'm not punishing the father and saying he's bad for asking for it. It is his right.

But it is my responsibility to inform the child, that DNA tests have shown that people mother's thought were the father, sometimes aren't. And if that happens, then really, I made a mistake. That is the reality for women, we can't get prenatal DNA, but it is unfair to say that this is harassment because the child is old enough to have the conversation, and wants to know.


So I'm adding in the second paragraph my opinion. The first paragraph is the father's statement to the court in the TPO within my Paternity Action.

The incident I recall: The child and the father were outside by themselves we were inside the trailer, the sister and I. The father CLAIMS that the child asked him why is he getting the DNA test. During an invitations by the sister for me to come over and we explicitly agreed that we would not inform the father that I or the child was there. While I was there the sister said, oh, grandma and grandpa are down the street at another sisters house, can the child see them. I said yes. She asked, can I tell Kerry that you are here, and can he see the child. I said yes, as long as there are no problems. I didn't hear the conversation between the father and the child, I don't know if it is true or not, there are no witnesses but the child and the father. The child in the car a day later said, Mom, dad says I can come see him after the DNA test. I didn't say anything to the child. So if he said something to the child and is blaming me what can I do?

The father said I waltzed over and the entire family was confused why I was there. I have family members who are willing to testify that they were not interviewed for the TPO petition, have not received a copy, and want me over for Mother's Day. I'm feeling guilt because I said no.

So, back to you and Isis, at what point do you have a right to say that I don't know who I am sleeping with, and that I am contradicting myself.

There is a lot here, and I apologize if everything isn't in the text or said right. I am willing to explain, but I was already marked for saying too much and now you want more.

If you have advice, on how to approach completely false allegations, multiple times... from a perpetrator of domestic violence who is a tribal member and is receiving preferential treatment because I am a non-indian and the law favors jurisdiction with the Tribe rather than the non-indian parent. Can they fabricate a bunch of non-sense and use it as a basis to remove the child while the attorney is temporarily unavailable from suspicious circumstance in this hearing? Should I seek an injunction or just simply get a note from the family, attend the Mother's Day, and say you're full of crock and wait till my attorney gets back?

One thing I know is true, is the father is putative, denied HIS paternity, and if I state that he is the father, than I am pretending I have an Indian baby.

Come on people. plueez.
 

blairbushprojec

Junior Member
Your "contradiction" from the first post to the latest is helpfully bolded below. How, if the boy was not told about the DNA testing, did the boy know to ask his father why the father wanted a DNA test??

We catch every "contradiction."
;)
There is no such word.

Please utilize a dictionary while posting to a legal site or in a court filing.

Thanks.:)
If you said that to a Navajo, it would be an insult. If you say that to me, I'll make up words whenever I want. I wasn't aware there were vocabulary rules in this forum, as a pre-requisite to posting.

In regards to the court clerk advice, my wallet belongs to my attorney. But what you are saying is? if I hire more attorneys would they be from my state of filing the Paternity Action in Texas? Or would they be in a Navajo Nation court? And would it need to be in Navajo Nation if the father denies paternity? Couldn't I just waltz back to Texas? I mean, you guys are really on my patootie, (dictionary?) as if I am a child abuser.

I'm not sad because I'm not getting sympathy for being denied seeing my son for joint custody and being fair, and providing data for every statement I make. No one has hit me in the Navajo court with a dictionary either. I want to know, can they make up stuff.

I recounted the fathers tpo accusations as I was originally asked. I did not and never had a conversation with the child about DNA. I am in the process of a home study by CPS, did the fingerprint, background, spontaneous home visit and filled out all paperwork truthfully within the required 10 days of receiving it. My attorney and I both requested a home study, and even extended the study from my temporary residence in Navajo Nation, and my home in Texas and my parents' home as well.

The father has not filled out the application, he has not fulfilled any terms of the home study. He has a domestic violence and arrest history and has not completed the background check nor submitted references. He denied the paternity and asked me to pay for the DNA and the court stated if he contests the DNA he pays. So I didn't ask for the DNA, and I did not tell the child. The TPO petition by the father, suggests that was the situation.

I can say whatever I want here, that I did or I didn't. Ultimately it may be the home study, but would I need a out-of-state representation if I feel that I am complying - THIS IS MY PATERNITY ACTION - he is filing for a TPO and is delaying a dna test. My attorney didn't show.

Is there anything else you want to sandblast me for?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top