Tuesday, April 14, 2009

Is this list any good to show to a lawyer, in a child costody battle?

1. Several counts of harassing phone calls to the Defendant.


2. Also several calls to the child in question, making him cry and requiring him to talk to her in solitude.


3. On numerous occasions the Defendant received phone calls from the child, crying, wanting to come back to the Defendants residence after events at his mother’s residence.


4. Said the Defendant was not allowing the child to be an individual; which in her case meant: being a “gangster”, sagging pants, tattoos, piercings, and listening to vulgar and inappropriate music.


5. The Plaintiff has purchased and allowed the purchase of vulgar CD’s.


6. The Plaintiff has no religious practices in her home.


7. Has told the child that Hell is an imaginary place, made up to frighten people into complying with the law, which gives the child the impression that he can misbehave without consequence.


8. The Plaintiff’s husband has been known to slap the child and the other children in the house in the back of the head. This being one of the reasons the child had called his father to come and pick him up.


9. The Plaintiff’s eldest son was seeing a therapist for anger issues.


10. The Plaintiff also has left the child and his brother unattended, where they walked from their home to a GoodWill store and a BlockBuster and back unnoticed.


11. The Plaintiff also has left her children in the care of an irresponsible babysitter, who the child said hit him in the face with a shoe.


12. Member of the Plaintiff’s immediate family was arrested for being associated with drug dealers.


13. The Plaintiff has had numerous episodes where she shouted at and used profane language with the Defendant, where the Defendant neither shouted back nor used profane language, in front of the child.


14. The child’s unsatisfactory behavior started as early as the first grade, while he was in his mother’s care. Such as: getting kicked off the bus, bad homework habits, and unsatisfactory grades, failing both first and third grade.


15. Recently the Plaintiff withheld the child from a church event (vacation bible school).


16. The Plaintiff has three children from three different men and four marriages, one of which was annulled one or two weeks later. The man she is married to now is the same man who abandoned her and her eldest son. Also is guilty of several counts of adultery.


17. The Plaintiff has no visible means of financial support other than a mentally disabled man, who has no relation to her and lives in her home.


18. The Plaintiff has not paid any form of child support or financial obligation as required by the parenting plan.

Is this list any good to show to a lawyer, in a child costody battle?
Member of family geing arrested for drugs or anything ... that has no bearing unless the child is to be in same household as the drug abuser.





Your lawyer can subpoena the phone company to prove some call was made, but it is he said she said what the substance of the phone call was, unless you are recording all your calls %26amp; if you are doing that, then there are some legal mandates you have to floow, to avoid getting in trouble ... basically you are not allowed to record people phone calls without their knowledge.





Lawyer subpoena records also to show financial ability to pay child support.





Lawyer can subpoena, or ask judge for an order, to the therapist to produce mental health records of persons in the same houselhold as the child.





Ditto with respect to school records, correlated with which parent had custody at the time, and what kind of progress (if any) was made resolving the various problems.





One side can call DCF to have the home inspected where the child is, to see about any activity that places the child at risk ... watch out, other side can also play this card. Now lawyer can subpoena DCF inspection report %26amp; there you have specific evicence of what might otherwise be he said she said.





Include in the call to DCF the issues of


* porn the kid has access to


* profanity in the home in the presence of children


* the various kinds of corporal punishment (hitting the body)


* ages of children left unattended





Lack of religious is a preference betwen mother father, it probably has very little bearing on judicial consideration. Actually other direction can have bearing ... if one side is religious fundamental saying the other parent will go to hell, or will cause the child to go to hell ... the judges tend to frown on that a whole lot more than no religion at all.





Saying that hell is imaginary, that is like a form of racism against religion. But you gotta be able to prove that.





Perhaps get the judge to ask the child, carefully so as not to put words into mouth.


* what anyone said to the child about hell


* forms of disciplne such as by the babysitter
Reply:OMG - file for IMMEDIATE TEMPORARY CUSTODY on the basis that the child%26#039;s life is in danger and the parent is not mentally capable of caring for the child.








GET THAT KID OUTTA THERE....
Reply:Show a lawyer everything you can back up with evidence, let him/her decide what to build your case on.
Reply:It%26#039;s a start but you need dates, locations, witnesses, etc.
Reply:good list but you need dates and times to back it all up
Reply:Everything on that list could almost guarantee victory!





It would be extremely useful. One more thing-put the dates that everything occured on.



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