Child Custody Appeal?

Updated on August 11, 2011
E.P. asks from La Habra, CA
6 answers

Appoximately 3 years ago, my 3.3 year old daughter alleged her biological father orally copulated her. I immediately filed a police report and had her submit to a SART exm at a local hospital. I was separated from her father and we had a consensual agreement regarding two dinner visits per week and one overnight per week to ensure her stability at such a young age. Two weeks later, he filed for full physical custody even while being investigated by the sheriff. In the interim, I took out a second on my home to pay for attorney fees and Psch evals. This man failed three polygraph tests including one with the sheriff and one with a former FBI investigator. He delayed court proceedings by claiming heis indigent. Two out of three psychosexual experts indicated he poses a threat to children. The third evaluator reported he is attracted to nothing but that he is 87% deceptive. A 730 Eval recommended I be given full physical and legal custody. He has had monitored visitation for the past three years. on 07/07/11, a rogue judge at Norwalk court ruled that I have full physcial and joint legal with this man. All monitoring was instantly dropped and he was given visits every other weekend. He lives in secluded servant's quarters (a basement) in my neighborhood. The judge made a ruling without reading the 92 page psych report. I have proof as one of my charcter references is close frienss with the judge and her name appeared on the report. Proticol would have dictated he send the case out of county for a ruling based on this conflict. Help!!! Do I have any recourse.? a

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E.T.

answers from Albuquerque on

What does your lawyer say? None of us are experts in your case... Please see someone who is!

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T.W.

answers from Los Angeles on

OMG! You need to seek further help!

J.W.

answers from St. Louis on

Jeez how would we know, ask your attorney. This is far beyond a usual question that most have been though.

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P.B.

answers from Spartanburg on

Oh my GOD!!!!!!!Why is this man seeing your daughter...this is criminal! Poor baby being exposed to this psycho...any way you can make a case in the media and /or call associations/groups providing support (legal of course but also financial or whatever is needed)...or can you just force him to surrender any right to see this child? How is he going to fight you in court if he's indigent? Can you just threathen him to burn land around him by just telling ANYONE who knows him what he did? I would't care at this point what I had to do as long as the child is protected...how sick that judges will give him any kind of right to be close to his victim...see if you can take things in your hands by "convincing" him to just let go of her...promise him hell or whatever it takes to withdraw. I would even put up his pictures around time with a little note about him, just to have him shunned from the community...how SICK!!!! Let us know how it went..you are a strong mama!.

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M.R.

answers from Milwaukee on

Appeal it and have a good lawyer with you please! Why did you let him have the child after what he did to her?

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T.W.

answers from Denver on

First of all, this just makes me sick! Your poor thing and your poor baby. What a terrible situation.

I would get a course called Jurisdictionary (you can find it online). It is a 24 hour course on the legal system and what you can do to win cases. This will help you in all matters. I have a number of friends that have used it and won huge cases pro se (no lawyer). I would not suggest you go pro se on this though, it is just too delicate and your daughter's life is at stake. The benefit of this program in your case, is when you get a lawyer to help you, you know what to expect, what to ask for, and how to win. Unfortunately, a lot of lawyers just go through the motions with little passion for you and your case, you need to take the bull by the horns!

I do not know how fast you can make all this happen, but you need to protect your daughter NOW! Get the course, study what your rights are, appeal the decision, and get her away from him, hopefully without having to ever leave her in his custody alone again. Creepy! If you have no recourse, I would sell my house, take the money, change my identity and RUN. Sounds dramatic, but your daughter's life is the most important thing here.

Good luck, and let us all know how you are doing. What a terrible thing you are dealing with.

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