Sorry to take so long getting back. I've spent much of the week trying to confirm some things before I posted them here. They're pretty well confirmed now, though, so here goes.
First, about Judge George. I was shocked to learn that he should never even have heard the case regarding the EPO. According to our attorney, it should have gone to the judge who handled the original divorce. That would be Judge Byer. So, he dissolved the EPO and sent the boys back when it shouldn't even have been his case to hear.
Next, I was shocked to learn that I was right. (That may surprise my wife - finding I was right about something.) According to the rules of court for Jefferson County (published by the State Supreme Court), Judge George had an obligation to hear our witnesses. It's very clear cut. Wonder why he doesn't follow the rules?
And now for our buddies at CPS. I mentioned the Family Court Clerk was having trouble finding the file. Now we know why. Imagine this. ANY CASE that CPS enters is immediately classified "Confidential". That means it becomes a secret. No one except the parties to the case can have access to it. Stop and think about what that means. It means that whatever CPS does, it's a secret. If they conduct an "investigation" and it involves you, you have no right to know what they said. No matter how badly they may botch a case, you'll never know. It's a secret.
Now, here's an opinion for you. It is my considered opinion that "secrecy" has no place in the judicial system. Courts (and files) should be open to the public. This is not Hitler's Germany, or Stalin's Russia. This is a democracy. These are judges we elected. These are courtrooms we pay for. What do they have to hide? It's an interesting thought.
I've launched a somewhat devious plan to challenge the secrecy issue on the cheap. More about that in the next post. I'll let you know what's up.
Friday, March 19, 2010
Monday, March 15, 2010
Amazing Monday
It was a truly incredible Monday. I made it to the hearing in plenty of time, and the lawyer was even early. We had a very nice conversation before motion hour started.
From the moment the case was called, one thing was obvious. The judge was totally unprepared. Bear in mind, we filed an eight page motion simply asking for a custody hearing. We supported it with three sworn affidavits, photos of the abuse, and records of CPS hearings regarding violence to the boys. The judge didn't have a clue. She looked at none of it. Not even the motion.
First of all, she had read nothing. She didn't even know what the point to the motion was. I'm not sure that she ever did actually understand we were looking for a custody hearing. She was, however, very concerned with whether or not T.J. is up on his child support payments. Apparently that was an issue (unraised in the motion) she could really get her teeth into. Hunter's poor little arm didn't bear looking into, but she sure combed the file to see if money was changing hands.
On the subject of money, she tried to order a pre-custody evaluation for the modest price of $3,500. That's no doubt a real bargain in the legal system. I have read that the real purpose of Family Court is to make money for the "service providers" they deal with. I'm beginning to think there may be some substance to what I read. Anyway, we nixed the $3,500 deal. My lawyer made it clear we were looking for bargain basement protection for the boys.
When we turned down the high-dollar deal, the judge moved on to suggesting mediation. I'm not real sure Hunter knows much about mediation. He just knows his mommy bit him, and may do it again. I'm not sure what the price is for mediation, but I do believe it's somewhat cheaper than the pre-custody evaluation.
In the end, no one knows what the judge decided. She said she'd issue some kind of order. No one knows what it will be. Our attorney is waiting for the record to come down tomorrow, so we'll know what the hell she did. I sincerely hope she went back to her office and at least read the motion before she issues her order. Guess we'll see.
To make a bad situaton worse, this afternoon I went to the Family Court Clerk to order a copy of the videotape they make in court. When I gave the clerk the case number, it came back under another name. He swears there's no such case as the one we heard this morning. Incredible. There appears to be no end to their buffoonery.
On that topic, I'll have more tomorrow. I have some shocking revelations about Judge George, who dissolved the EPO originally. I read the local rules of practice. Literacy is a wonderful thing. I don't want this to be too long tonight, though, so be patient.
More tomorrow.
From the moment the case was called, one thing was obvious. The judge was totally unprepared. Bear in mind, we filed an eight page motion simply asking for a custody hearing. We supported it with three sworn affidavits, photos of the abuse, and records of CPS hearings regarding violence to the boys. The judge didn't have a clue. She looked at none of it. Not even the motion.
First of all, she had read nothing. She didn't even know what the point to the motion was. I'm not sure that she ever did actually understand we were looking for a custody hearing. She was, however, very concerned with whether or not T.J. is up on his child support payments. Apparently that was an issue (unraised in the motion) she could really get her teeth into. Hunter's poor little arm didn't bear looking into, but she sure combed the file to see if money was changing hands.
On the subject of money, she tried to order a pre-custody evaluation for the modest price of $3,500. That's no doubt a real bargain in the legal system. I have read that the real purpose of Family Court is to make money for the "service providers" they deal with. I'm beginning to think there may be some substance to what I read. Anyway, we nixed the $3,500 deal. My lawyer made it clear we were looking for bargain basement protection for the boys.
When we turned down the high-dollar deal, the judge moved on to suggesting mediation. I'm not real sure Hunter knows much about mediation. He just knows his mommy bit him, and may do it again. I'm not sure what the price is for mediation, but I do believe it's somewhat cheaper than the pre-custody evaluation.
In the end, no one knows what the judge decided. She said she'd issue some kind of order. No one knows what it will be. Our attorney is waiting for the record to come down tomorrow, so we'll know what the hell she did. I sincerely hope she went back to her office and at least read the motion before she issues her order. Guess we'll see.
To make a bad situaton worse, this afternoon I went to the Family Court Clerk to order a copy of the videotape they make in court. When I gave the clerk the case number, it came back under another name. He swears there's no such case as the one we heard this morning. Incredible. There appears to be no end to their buffoonery.
On that topic, I'll have more tomorrow. I have some shocking revelations about Judge George, who dissolved the EPO originally. I read the local rules of practice. Literacy is a wonderful thing. I don't want this to be too long tonight, though, so be patient.
More tomorrow.
Sunday, March 14, 2010
On the Eve of Battle
It's Sunday night, and tomorrow's the big day. Tomorrow our motion either dies, or we move on to stage two. I'm truly apprehensive. Considering the horror stories I've heard about (and seen myself) in family court, I'd say it could go either way. Win, lose, or draw, though, it won't be over. I'm not giving up the fight until Rayn and Hunter are somewhere safe. If we lose tomorrow, I'll simply move on to the next plan. I don't intend to quit. The boy's safety and happiness are at stake here.
Speaking of horror stories and ineptitude, CPS had the nerve to call T.J. Friday afternoon. The lady wanted to know what was going on in court tomorrow. Apparently Jennifer feels CPS is her ally, so she called them. She's not smart enough to figure out the paperwork and explain to them what's happening, so CPS called T.J.
To his credit, T.J. did the right thing. He told CPS absolutely nothing. Conisdering the way they've handled this thing, that's what they deserve to know. Their name doesn't appear on the docket in this case. They're not being called as a witness (at least not by T.J.). Let's consider them a moment. First, they conducted an inadequate investigation when they got the complaint about Hunter being bitten. They didn't talk to his grandmother, who made the complaint, or to me. When they completed their investigation, they decided to leave the boys in the home. When we got them out, CPS went to court and testifed when no one else was allowed to appear. They have no business in court Monday. However, T.J. did tell them if they want to know what's going on, they can show up. If they show up in the courtroom, though, I hope T.J.'s attorney moves to have them excluded. If the judge won't let the rest of us in, there's no reason to let them in. They're not a party to this action.
Well, that's about it for the night. I'll let you know tomorrow what happens. Keep your fingers crossed in the morning. Here's hoping for the best.
Speaking of horror stories and ineptitude, CPS had the nerve to call T.J. Friday afternoon. The lady wanted to know what was going on in court tomorrow. Apparently Jennifer feels CPS is her ally, so she called them. She's not smart enough to figure out the paperwork and explain to them what's happening, so CPS called T.J.
To his credit, T.J. did the right thing. He told CPS absolutely nothing. Conisdering the way they've handled this thing, that's what they deserve to know. Their name doesn't appear on the docket in this case. They're not being called as a witness (at least not by T.J.). Let's consider them a moment. First, they conducted an inadequate investigation when they got the complaint about Hunter being bitten. They didn't talk to his grandmother, who made the complaint, or to me. When they completed their investigation, they decided to leave the boys in the home. When we got them out, CPS went to court and testifed when no one else was allowed to appear. They have no business in court Monday. However, T.J. did tell them if they want to know what's going on, they can show up. If they show up in the courtroom, though, I hope T.J.'s attorney moves to have them excluded. If the judge won't let the rest of us in, there's no reason to let them in. They're not a party to this action.
Well, that's about it for the night. I'll let you know tomorrow what happens. Keep your fingers crossed in the morning. Here's hoping for the best.
Wednesday, March 10, 2010
Filing Day
Believe it or not, I actually did it. I got everything filed, and we have a motion before the judge on Monday morning at 9:00 a.m. That's motion hour for Division 1. I'm a little disappointed, though. We have a different judge. They put it into Division 1, instead of Judge George's court. I kind of wanted Judge George to have a chance to do the right thing and straighten this mess out. But now it looks like it's out of his hands. So, I guess we'll deal with whoever the judge is in Division 1. Pray for a happy ending.
Psychomom got hold of one of the flyers I've been passing out. Apparently I gave one to a friend of hers, who took it to her. She hasn't called me directly, but I gathered she's not happy. (I gathered this because she called T.J. and raked him over the coals.) I'd much have preferred that she call me, but that's not her style. I hope I can sleep tonight, knowing I've upset her. Guess I'll just have to do the best I can.
Speaking of Psychomom, I'm sure she'll be upset when she gets her copy of the motion for Monday. If we're lucky she'll refuse to give up the boys for the weekend. That way we can also move the judge for a contempt citation Monday. A little jail time for contempt might change her attitude. It would help her build character.
No more news for tonight. I do want to plug my lawyer, though. His name is George Schuhmann, and he's really good. He's also inexpensive as lawyers go. If you need a good lawyer, call him. His number is 439-3766.
Catch you tomorrow.
Psychomom got hold of one of the flyers I've been passing out. Apparently I gave one to a friend of hers, who took it to her. She hasn't called me directly, but I gathered she's not happy. (I gathered this because she called T.J. and raked him over the coals.) I'd much have preferred that she call me, but that's not her style. I hope I can sleep tonight, knowing I've upset her. Guess I'll just have to do the best I can.
Speaking of Psychomom, I'm sure she'll be upset when she gets her copy of the motion for Monday. If we're lucky she'll refuse to give up the boys for the weekend. That way we can also move the judge for a contempt citation Monday. A little jail time for contempt might change her attitude. It would help her build character.
No more news for tonight. I do want to plug my lawyer, though. His name is George Schuhmann, and he's really good. He's also inexpensive as lawyers go. If you need a good lawyer, call him. His number is 439-3766.
Catch you tomorrow.
Tuesday, March 9, 2010
Finally, Some Progress
Monday and Tuesday were good days. The courthouse was interesting and entertaining. I'm still concerned about some of the stories I'm hearing there, though. They're awfully sad. I have to wonder if the people at CPS don't realize that we love our children?
Today I talked with an attorney who stopped and asked what my sign was about. It seems his sister had a baby one year old. The sister and her husband went out one night, and hired an older lady to babysit. The next day, the babysitter called CPS and reported that she didn't think the baby looked like she was being fed properly. CPS took the baby, placed her in a foster home, and kept her there for a year. That just seems incredible. All the heartache for the parents simply because the babysitter didn't think the baby looked like she was being fed properly. Makes you wonder where we're living. Is this the old Soviet Union, where everything - including our children - is the property of the state?
Enough. Tomorrow's the day to finally make some progress. Tomorrow we file a motion for a hearing on custody for the boys. The lawyer we retained thinks that's the best way to go. He seems very competent, so we're taking him at his word. He's counting on me to actually file the thing, so I hope I can handle it. I think so. All I have to do is carry it into the clerk's office. Won't they be shocked to see me actually come into the building? It'll be something different.
The hearing on the motion will be Monday afternoon, I believe. I hope the judge grants the motion and gives us a quick hearing on the custody issue. If it goes well, we should have the boys to a safe place soon. I'm certainly praying for that. Just to be honest, the stress is beginning to wear me down.
Enough for tonight. Tomorrow I'll let you know how it went at the clerk's office. Keep your fingers crossed.
Today I talked with an attorney who stopped and asked what my sign was about. It seems his sister had a baby one year old. The sister and her husband went out one night, and hired an older lady to babysit. The next day, the babysitter called CPS and reported that she didn't think the baby looked like she was being fed properly. CPS took the baby, placed her in a foster home, and kept her there for a year. That just seems incredible. All the heartache for the parents simply because the babysitter didn't think the baby looked like she was being fed properly. Makes you wonder where we're living. Is this the old Soviet Union, where everything - including our children - is the property of the state?
Enough. Tomorrow's the day to finally make some progress. Tomorrow we file a motion for a hearing on custody for the boys. The lawyer we retained thinks that's the best way to go. He seems very competent, so we're taking him at his word. He's counting on me to actually file the thing, so I hope I can handle it. I think so. All I have to do is carry it into the clerk's office. Won't they be shocked to see me actually come into the building? It'll be something different.
The hearing on the motion will be Monday afternoon, I believe. I hope the judge grants the motion and gives us a quick hearing on the custody issue. If it goes well, we should have the boys to a safe place soon. I'm certainly praying for that. Just to be honest, the stress is beginning to wear me down.
Enough for tonight. Tomorrow I'll let you know how it went at the clerk's office. Keep your fingers crossed.
Saturday, March 6, 2010
Answer to Quiz
Okay. Here's where we find out your qualifications as a judge. Can you really think legally, like the fine judicial minds at our Family Court downtown.
I'm guessing that most of you sent the kids in our quiz home with their father. After all, they aren't exactly safe in a house where drive-by shooting occur. And the house is owned by their step-father, rather than their real father. So it only makes sense to grant custody to their father and send them home with him. Right?
Wrong. The judge sent them home with the step-father.
Don't feel bad. I voted with you. Why the judge didn't get them out of a drug environment, I can't understand. But that's judicial reasoning in this town. Maybe it's time for some new Family Court judges?
Friday was an interesting day at the courthouse. Students were coming in from all over the state for some kind of mock trial. There were hundreds of them. That means, of course, that we got our message out statewide. I was pleased. It was a great opportunity. I did my best to make the most of it.
I've noticed something down there. The CPS people seem grumpy towards me. No matter how nicely I smile and say, "Good morning," they never answer back. They just sort of scowl and move on. I'm beginning to suspect they don't like me. Gee. I hate that.
Jennifer stalled on giving up the boys this weekend. I suspected maybe she had done something to one of them, so I had their father take the police over there and examine them. They seemed to be okay, except Ryan has a rash. She took them to the doctor this morning, and then gave them up this afternoon. They were ecstatic to get away from her.
Well, guess that's it until Monday. The lawyer we're working with is a real crackerjack. I heard from him several times yesterday, and he's obviously working away. I like that. If you need a good lawyer, let me know.
Catch you Monday night.
I'm guessing that most of you sent the kids in our quiz home with their father. After all, they aren't exactly safe in a house where drive-by shooting occur. And the house is owned by their step-father, rather than their real father. So it only makes sense to grant custody to their father and send them home with him. Right?
Wrong. The judge sent them home with the step-father.
Don't feel bad. I voted with you. Why the judge didn't get them out of a drug environment, I can't understand. But that's judicial reasoning in this town. Maybe it's time for some new Family Court judges?
Friday was an interesting day at the courthouse. Students were coming in from all over the state for some kind of mock trial. There were hundreds of them. That means, of course, that we got our message out statewide. I was pleased. It was a great opportunity. I did my best to make the most of it.
I've noticed something down there. The CPS people seem grumpy towards me. No matter how nicely I smile and say, "Good morning," they never answer back. They just sort of scowl and move on. I'm beginning to suspect they don't like me. Gee. I hate that.
Jennifer stalled on giving up the boys this weekend. I suspected maybe she had done something to one of them, so I had their father take the police over there and examine them. They seemed to be okay, except Ryan has a rash. She took them to the doctor this morning, and then gave them up this afternoon. They were ecstatic to get away from her.
Well, guess that's it until Monday. The lawyer we're working with is a real crackerjack. I heard from him several times yesterday, and he's obviously working away. I like that. If you need a good lawyer, let me know.
Catch you Monday night.
Thursday, March 4, 2010
Pop Quiz for the Week
Two more days in front of the courthouse. Today was a much better day because it warmed up a little. My nose ran a lot less. That was a distinct improvement.
Here's a pop quiz. Answer it correctly, and you're qualified to be a family court judge. It's a true story I heard this morning outside the courthouse.
A young man is in family court seeking custody of his sons. He was divorced, and they were living with their mother, who remarried. He is accompanied by his parents, who are a lovely couple somewhere in their fifties. They're prepared to help him raise his sons (their grandsons).
The ex-wife (mother of the sons) is deceased. She died recently of a drug overdose. The sons continued to live with her husband (their step-father), who went to court to seek custody. So now we have a mother who died of an overdose, and a father and step-father in a custody battle.
Here's the kicker. Last week there was a drive-by shooting at the step-father's home. Two of the bullets penetrated all the way into the boy's bedroom, where they were sleeping. Now here's the quiz.
You're the judge. You have to make a decision about where the boys should be living, based on what's in their best interest. So, who do you send the boys home with? Your answer will tell us whether or not you're qualified to sit on the bench. I'll give you the judge's answer tomorrow.
Things are moving along. I sent three affidavits to the attorney today. He's adamant that the petition for a rehearing should have affidavits that can be used as evidence. I think that's in case the witnesses don't get to testify again. That way their testimony will already be on the record. Smart man.
I'm also in touch with another organization that represents abused children in Kentucky. Their service is confidential, so I can't name them right now. They seem to be very nice people, and interested in helping. When this thing has finally played out, I'll tell you who they are. Some of you may have need of them.
Don't forget to think hard before you answer the quiz question.
Here's a pop quiz. Answer it correctly, and you're qualified to be a family court judge. It's a true story I heard this morning outside the courthouse.
A young man is in family court seeking custody of his sons. He was divorced, and they were living with their mother, who remarried. He is accompanied by his parents, who are a lovely couple somewhere in their fifties. They're prepared to help him raise his sons (their grandsons).
The ex-wife (mother of the sons) is deceased. She died recently of a drug overdose. The sons continued to live with her husband (their step-father), who went to court to seek custody. So now we have a mother who died of an overdose, and a father and step-father in a custody battle.
Here's the kicker. Last week there was a drive-by shooting at the step-father's home. Two of the bullets penetrated all the way into the boy's bedroom, where they were sleeping. Now here's the quiz.
You're the judge. You have to make a decision about where the boys should be living, based on what's in their best interest. So, who do you send the boys home with? Your answer will tell us whether or not you're qualified to sit on the bench. I'll give you the judge's answer tomorrow.
Things are moving along. I sent three affidavits to the attorney today. He's adamant that the petition for a rehearing should have affidavits that can be used as evidence. I think that's in case the witnesses don't get to testify again. That way their testimony will already be on the record. Smart man.
I'm also in touch with another organization that represents abused children in Kentucky. Their service is confidential, so I can't name them right now. They seem to be very nice people, and interested in helping. When this thing has finally played out, I'll tell you who they are. Some of you may have need of them.
Don't forget to think hard before you answer the quiz question.
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