In so far as grandparents’ rights and responsibilities are concerned, ss 23 and 24 of the Children’s Act, which govern non-parental rights to care and guardianship respectively, came into operation on 1 April 2010. Before that date grandparents had no inherent rights or responsibilities and it was only a high court, as upper guardian of a child, which could confer access, custody or guardianship on a grandparent. This would be done only if it were in the best interests of a child – an assessment that must be made having regard to the rights of the biological parents.

Grandparents very often receive the fallout from their chidren’s divorces – limited, restricted or no access at all to their often beloved grandchildren. This has all changed with the New Children’s Act whose main objectives are, amongst others  to:

• make provision for structures, services and means for promoting and monitoring the sound physical, psychological, intellectual, emotional and social development of children;
• strengthen and develop community structures which can assist in providing care and protection for children;
• promote the preservation and strengthening of families;

And calls for

• the prioritisation of the best interest of the child,
• the right to the child being able to participate in any matter concerning that child,
• a child’s right of access to court.

One of the issues covered by the new Children’s Act, is giving the right of contact and care to an interested person, in this instance the grandparent, by order of court, Children’s or High Court,

It also makes provision for any person having an interest in the care, well-being and development of a child to apply to the High Court for an order granting guardianship .

The Court In making its order, will consider and take into account:

• the best interests of the child;
• the relationship between the applicant and the child
• the degree of commitment that the applicant has shown towards the child
• the extent to which the applicant has contributed towards expenses in connection with the birth and maintenance of the child; and
• any other fact that should, in the opinion of the court, be taken into account

Compiled by Bertus Preller, Family and Divorce Law Attorney Abrahams and Gross

In so far as grandparents’ rights and responsibilities are concerned, ss 23 and 24 of the Children’s Act, which govern non-parental rights to care and guardianship respectively, came into operation on 1 April 2010. Before that date grandparents had no inherent rights or responsibilities and it was only a high court, as upper guardian of a child, which could confer access, custody or guardianship on a grandparent. This would be done only if it were in the best interests of a child – an assessment that must be made having regard to the rights of the biological parents.

Grandparents very often receive the fallout from their chidren’s divorces – limited, restricted or no access at all to their often beloved grandchildren. This has all changed with the New Children’s Act whose main objectives are, amongst others  to:

• make provision for structures, services and means for promoting and monitoring the sound physical, psychological, intellectual, emotional and social development of children;
• strengthen and develop community structures which can assist in providing care and protection for children;
• promote the preservation and strengthening of families;

And calls for

• the prioritisation of the best interest of the child,
• the right to the child being able to participate in any matter concerning that child,
• a child’s right of access to court.

One of the issues covered by the new Children’s Act, is giving the right of contact and care to an interested person, in this instance the grandparent, by order of court, Children’s or High Court,

It also makes provision for any person having an interest in the care, well-being and development of a child to apply to the High Court for an order granting guardianship .

The Court In making its order, will consider and take into account:

• the best interests of the child;
• the relationship between the applicant and the child
• the degree of commitment that the applicant has shown towards the child
• the extent to which the applicant has contributed towards expenses in connection with the birth and maintenance of the child; and
• any other fact that should, in the opinion of the court, be taken into account

Compiled by Bertus Preller, Family and Divorce Law Attorney Abrahams and Gross

We are a family that has strong ties and bonds together.. We connect at the heart and our love is very strong.

When the devil is so active. I just ask that you all will keep me and my babies in prayer. Thank You.

I know that my heavenly father seeing everything and i am sure that his love will definitely prevails. It’s amazing how people of the flesh still thinks of them selves to be higher than the HIGHER POWER.

With the dirt and corruption in the  family courts, I pray for peace and serenity. To come to those that has a demized heart and pray that they will find peace with in themselves so that they can let go of the hatred that’s in their hearts.

Please pray for my family and for them that need God!

Thank You.

There’s so many nick names that our grandchildren has for calling us as grandparents. There’s hundred of names that so many grandchildren calls their loving grandma and grandpa.

When the DHS DIRECTOR- HOWARD HENDRICK, DHS SUPERVISOR- TARA J BONE, DHS DA- JANE BROWN, and the ASSOCIATE DISTRICT JUDGE RICHARD W KIRBY, lose their way to do the right thing. Then that brings about corruption. It is about the children and getting them out of the system as fast and soon as possible.

5 years to bring closure to a case it very damaging to my babies. Because my grandsons, they know that Grandma is here. That’s not right at all! It doesn’t take a rocket scientist to figure that out.

My grandsons are loved, wanted and missed by all of our family. They have a loving home to come to.

I have relocated over 1800+ miles to be close to my boys, and to have regular visits with them.

The state has taken that away. From the beginning there were never any regular visits.

They have kept my grandsons away from me and they haven’t had any phone calls either.

Family reunification is the key and yet, As they stress it so much. Why are my grandchildren not home yet?

I have a 3 bedroom 2 bath 2 car garage home and it is over 2,000 square feet. I’ve more than enough space for my grandsons. This is wrong.

Everyone knows how rough it is for children to be left in foster care. Especially any length of time.

There is a very big problem and something needs to be done about it!

I just want my grandchildren out of the foster care system. That’s all i want is for them to be home back in my arms. With loving family as i am here and will not stop my journey to get them home.

There are Statutes and the Oklahoma Administrative Codes that aren’t being enforced. My grandchildren should have been home many moons ago.

Our civil rights and human rights has been violated. My grandbabies has been victimized by the system as well as our whole family.

I’ve spent many countless hours on the internet searching for case information, and to learn as much as i can about foster care and case-law in regards to grandchildren and grandparents. Just all issues dealing with family court judges and getting educated about the players involved with my grandsons case.

I have asked for help from many agencies, knocked on may doors, sent hundreds of faxes, and rung a many telephones, because what it going on here in the State of Oklahoma isn’t justice at all, not for along shot.

These persons that are in a position to destroy families and many children’s lives are cold-hearted folks. They think that they are untouchable. They are above the law. So to speak and by that they can abuse their authority. In the mean time can leave a trail of destruction.

It’s supposed to be about the children, In my grandsons case. That is no longer the priority. As i see it. They are focusing on me. I’m just a loving and caring grandmother, that refuses to give in to them, so that they can do what they want with my grandsons.

I’ve been targeted, and this is now a racist issue, a personal vendetta.

The Judge – Richard W Kirby, DA – Jane Brown, DHS Supervisor – Tara J Bone, and DHS Director – Howard Hendrick – has lost their way of processing and now has made it even more difficult on my grandsons, by not giving me my grandsons.

Priority should be – family reunification. Family connection and bonding. Not destroying the children’s lives. The court system and dhs has alienated me grandbabies. We haven’t seen each other in quite some time now.

My grandbabies, they all know how much i love and miss them. The family courts know that I love and miss my grandbabies. This is tragedy and emotional painful for us.

Everyone as mentioned before, they are going home every night to their babies, grandbabies, and look forward to seeing them as they walk through the door. How would they feel, If they couldn’t see their babies, or granddbabies little faces? How would they feel to be going through this ordeal as me and my grandbabies?

It’s a nightmare! A real life Horror! I wouldn’t wish this on anyone.

As of 12/2009 I was denied all access to court documentation in regards to my grandsons case. I have not been allowed to receive any court papers, showing the up coming court dates. It’s only been by word of mouth. That’s not good enough.

Anyway I’m asking everyone to please pray for me and my grandchildren. We have been going through this for some time now. My grandchildren and our family has been victimized by the Oklahoma Family Court and Oklahoma DHS.

Please keep the prayers coming, I thank you and do so appreciate it. God Bless.

My family, we need closure.

All I want is, to see my grandbabies,hug and be there for my grandchildren.

Please keep us in your thoughts and prayers.

Love, Peace and Blessings. God Bless to all. Amen!

Thank you for taking the time to read our family story of enduring pain.

　

We as grandparents has that special bond of connection with our grandchildren. Being in our grandbabies lives are so valuable for them and us as that role model to our little ones.

Here in the state of Oklahoma where I have been for the past 2.5 – 3 years, out of love for my precious grandsons. I am being persecuted because I am fighting for my grandchildren. I will not shut up about the exposure of what’s taking place in the oklahoma family court.

My grandsons have been in the foster care system since March 2 2006. I’m the only one that’s fighting for them. We are a family and they are close to my heart. We are blood.

This is a living nightmare for me and my family.

I’m concerned about my grandsons that’s in the Oklahoma Foster Care States System. This is un called for. When children has been taken by the state, they should be trying everything to place the children with their biological family members. Here i am their maternal and biological grandmother. What they do is hinder the process. This case has been dragged out for 5 years. March 2 2011 will be five years.

I am not a felon, never been to prison. I am all that these children has to appear in court.

It’s about family and children, to be reunited to end this horrible tragedy. It’s supposed to be. You’d think.

GRANDMOTHER/ GRANDMA/ NANNIE/ NANA

via Grandparents blog-Dedicated to Austin and Isabella: HSLDA | Mississippi Moves to Protect Children.

HSLDA | Mississippi Moves to Protect Children

HSLDA | Mississippi Moves to Protect Children

On January 17, 2011, Mississippi State Representative Andy Gipson introduced legislation intended to protect children and their parents during social services investigations. House Bill 985 would require that social workers be trained in their legal duties to protect the constitutional and statutory rights of children and families from the initial time of contact in an investigation through any intervention with the family.

IF YOU NOTICE, BROOKLYN IS IN THE CHILD ABUSE SURVIVOR’S SECTION OF MY BLOG. THIS COULD VERY EASILY CHANGE AT ANY TIME. BROOKLYN NEEDS TO BE RETURNED TO SAFETY!

Brooklyn Elizabeth Leahey

2-years-old

A precious angel that needs to be safe in the arms of her real family.

Please read this, click on the link and SIGN it.

To: Grandparents Rights and Child Rights

Save a Little Girl Named Brooklyn Elizabeth Leahey!

Brooklyn Elizabeth Leahey was born on June 24-2008. She was born via emergency cesarean section due to complications with delievery. Brooklyn’s mother during the pregnancy did horrible things to her while in utereo.

In an effort to terminate the pregnancy the mother, took many OTC drugs in excess, prescription drugs that were not hers, along with the fact she would have people kick and punch her in the stomach. Last but not least this young mother also inserted foreign objects up inside of her again trying to self abort the pregnancy.

Additionally, Brooklyn’s mother hid the pregnancy until 3 weeks before Brooklyn was born. So there was very little prenatal care….

When the mother was asked what the intentions were with this baby the mother stated… Get this f*cking thing out of me… So I can leave it at the hospital… She had so much pented up anger over this sweet and innocent little baby who had yet to see the world…The mother stated she just wanted to get her life back and she was tired of this thing bothering her and interrupting it.

Brooklyn’s biological grandmother could not leave this baby in the hospital like the young teen mother wanted to do. Brooklyn’s grandmother brought her home and started raising her as her own and the young mother continued about her business going to school, going out on the weekends and not coming home at all…Having sex again with many mulitple partners within only a few weeks after Brooklyn was born.

Brooklyn’s biological mother NEVER loved or cared for Brooklyn while she resided with Brooklyn and the grandparents. The biological mother has also been previously diagnoised with mental health issues.

Additionally, the biological mother also was more concerned about the designer purses that she could purchase and clothes rather than the care and welfare of Brooklyn. It was the biological mother’s intention for the Leahey’s to raise this child as their own and she even gave the child the last name as “LEAHEY” her last name was different and she never intended on keeping this child. She signed and notarized the birth certificate affidavit and again the last name was the same as the maternal grandmothers….

For the last 26 months Brooklyn has been raised by the Leahey’s. The Leahey’s have taken Brooklyn to every single medical appointment, to every activity that the child participates in such as swimming, gymnastics and church groups. Brookyn is very bonded with the Leahey’s other 4 children who also participate with her in all of these great activities. Brooklyn has also attended every football game, wrestling match and baseball games that the older Leahey children participated in. Brooklyn has been loved unconditionally by the Leaheys since the day she was born.

The Biological Mother began getting court ordered visitations with Brooklyn and during those visits she would come with severe diaper rash so bad that her bottom would bleed! Along with bumps, bruises and welts on her bottom, her thighs, and back. The Leahey’s took pictures of all of the marks on the child and additionally took the child to her doctors for the extremely severe diaper rash.

All of this evidence was given to a judge who made the decision that because Brooklyn had the same DNA as her mother that custody of Brooklyn should be with the biological mother. Even though she has been emotionally and physically abused and neglected along with being abandoned. The judge immediately turned over custody in the court house right then and there and the Leahey’s have not even been able to speak with Brooklyn on the telephone….

Please if you think it would be in the best interest to put Brooklyn Elizabeth Leahey back into the ONLY home that she has known for the last 26 months were she was loved, safe, secure and thriving in life please sign the petition below….

Additionally, please leave your comments also. Brooklyn has the right to grow up in a safe healthy home. Not one where she is abused and neglected. Brooklyn again was also very close to the other 4 Leahey children in our home and those children are also devastated by the fact that she is not here in our home….

Please help us bring Brooklyn back home!

Sincerely,

The Leahey Family

http://www.petitiononline.com/BROOKLYN/

Please join For the love of Brooklyn on Facebook and show your support as this family battles to get their baby back. http://www.facebook.com/home.php#!/pages/For-the-Love-of-Brooklyn/146286382073001

Or so we thought! In the real world it would have worked,  unfortunately in the courtroom the folks denied that and refused to let Jamira return home with the children, because of that my daughter relinquished her parental rights to her sons and now she is no longer apart of the case. That took place 9/15/2009.

I am the maternal and biological grandmother, and i am doing what i can to save my family, these boys, my babies, are my blood and i love them as well as the whole family love them very much.

It’s the Family Unit and we deserve to live in peace without interruption. Yet the government, has allowed the DSS/ DHS/ FSS/DCFS- it goes by so many different names across the united states so whatever the name is in your part of the country, anyway the government are actually the ones behind the family being destroyed.

I have been going to court continuously on a regular basis. It hasn’t gotten any better. The people of the court and the staff are there to just do their job. What i am saying is typically, It’s not for reuniting the children with the families. In my grandsons case it is a racial thing going on toward me. Our civil rights and human rights has been violated.

Until January 2010 there was never a court approved visitation order for me to visit with my grandchildren. It took a month after that to get our family visit. My babies have been alienated from our family visits. Our family visits were stopped by Tara Bone, which she is the original case worker from back in 2006.

The family unit is truly valued. At least for some of us it is a way of life for us. To enjoy our family, children, grandchildren and friends. A family unit isn’t meant to be destroyed. God made it!  It’s puzzling at how these individuals here in this state of Oklahoma has ignored the true value of family and it’s foundation. Yet the very same people that’s causing immense pain and emotional distress among me and mines and so many other families, are truly enjoying their love-ones.

Why is it a double-standard? What if their family was shredded and stripped of what they have known for years and all of a sudden they children were taken from them! How would they feel?

The case of my grandchildren, being left in the system because Oklahoma DHS, ultimately put pressure on my daughter Jamira N May to give up. That was definitely wrong. It only hurt more. My daughter she needed help and they wouldn’t let her come home where i could help. It’s about Family. Yet in the eyes of foster care and the heartless social workers it’s more cynical behavior therefore causing such tragedy as this. My grandchildren are still in foster care and i am still going to court for them. This case has been dragged out for the past 4 years 10 months 3 weeks and 5 days. Totally an injustice and racially motivated.

I want everyone to know what is going on here in the state of Oklahoma in the family court and Oklahoma DHS, especially in my grandchildren’s case.

The family unit is valuable, since it is proven to be. Why else would the Oklahoma family court and Oklahoma DHS, continue to keep me and my grandbabies apart. When I have no felonies. Never been to prison. Military retired. I have my own source Income. I’m not on any public assistance. 

I’ve a Oklahoma residence that’s fully furnished and equipped and plenty of  room for my grandchildren. Not only that, my babies are on my rental lease.

My daughter she gave birth to 6 boys.  Out of the 6 babies only one of the boys are free and clear of foster care. The other 5 are still in the system. Jamira May,she has suffered truly an injustice at the hands of the Oklahoma DHS. Only if they would have agreed for her to return home with my grandbabies. We would be on our way to rebuilding our lives that they have destroyed for the past 4 years 10 months 3 weeks and 5 days. 

 The Director of Oklahoma DHS his name is Director Howard Hendrick and he needs to be fired and let go. He shouldn’t be allowed to hold office anylonger. With his actions on this matter i believe he is more dangerous to the Oklahoma families than good. Reason behind this is simply. He’s not helping the the families, He’s not taking an interest in the cases. He is only at the top of the food chain and making sure, that his family is well provided for.

Like I said, Family Values. He loves his family and would be devastated if something would have happened to his family. Director Howard Hendrick a church going person, yet he has failed many children and families causing severe emotional stress at the separation of their love-ones and mommies and daddies and grandma’s.

Director Howard Hendrick is behind all of this. He gives the order to do and therefore he is at fault for so much pain and not sleeping at night.

Our family because at the hands of this person, has truly caused a void in our family. We aren’t complete without our babies. My grandbabies has been in foster care, either a private home or a state group home because of the Director Howard Hendrick.

Ok Mikeys this is a true  HORROR story.

Ronald and Angela Burel were married in 1997, that same year Angela gave birth. The Burels divorced in 2001. Both before and during the marriage Angela had a sexual affair with a co-worker. Angela never tells Ronald that he co-worker Dr. Houston Johnson, might be the father of the child.

In 2007, Ronald takes a DNA test and learns that he is not the child’s father. He confronts Angela admits the affair and informs Dr. Johnson that he is the father.

Ronald sued Angela under a number of legal theories seeking damages and restitution (payback) of monies paid for supporting the child. The trial court dismissed all of his claims. On December 17, 2010, the Ohio Court of Appeals upheld the trial court’s dismissals.

In Ohio, a man in Ronald Burel’s situation has no legal remedy for the wrongs done to him. The courts ruled that he was in fact the child’s parent even though DNA testing proved conclusively that he was not. They did so because the child was born to Angela during the course of her marriage to Ronald and in Ohio as in every state (as far as I know) the husband is the presumed father of a child born to a married woman.

12 reasons for DNA Paternity Testing
Early detection of false paternity could prevent or minimize …
12. “Loss of Driver’s Licenses”
11. “Loss of Professional and Business Licenses”
10. “Loss of your home and real estate”
9. “Arrest and Incarceration”
8. “Seizure of paycheck”
7. “Seizure of savings, checking and investment accounts”
6. “Reporting to Credit Bureaus”
5. “Seizure of State and Federal Tax Refunds.”
4. “Seizure of Lottery Winnings.”
3. “Seizure of Unemployment Compensation”
2. “Seizure of your car, truck, motorcycle”
1. “No Fault Divorce”

But don’t forget the words of Grandma Abbie, “An ounce of prevention is worth a pound of cure.” Safe sex pe3ople. Their are so many forms of birth control available. Of course of abstinence is the 1 method that is absolutely fail proof.

Tune in to hear your favorite girls on the mic

Oklahoma devious and malicious acts in the case of my grandsons are an injustice to me and my family. Our civil and human rights has been violated.

Children deserves visitation and continuous contact with their family and yet my grandsons has not had that opportunity. My grandsons don’t deserve this. Our family doesn’t deserve this.

I have been fighting for my grandsons from day one. I have moved to Oklahoma. All i see here is everything but the right thing. It’s corruption. It’s racial. It’s Personal vendetta going on here. It’s threats as well. It’s Employee’s abusing their power of their job. Their position that they hold.

Since i have been here in Oklahoma I have yet to have on  regular basis visits with my grandsons. I am very interested in the the true reason behind these folks doing this. I want answers. Not a lie. The truth. My truth is – I’m me. They are racial driven. My wanting to visit with my grandchildren should not of had a negative respons as it has in the courts. This is wrong.

Me and my grandsons has always had an existing relationship before they were taken by Oklahoma dhs back in 2006. This is no way right at all.

In the court room i have been treated like dirt. The court continues to put off the case. I am continuing to spend money. The whole time my babies are still in foster care.

My family has been hurted long enough by this corrupt system of family courts and the Oklahoma DHS. The sytem is supposed to help the families and children. To strengthened them not destroy them and alienate the babies from the family. In the case of my daughter Jamira N May, where she relinquished her parental rights – only because it was told to her that I – had helped my daughter too many times and that she had to do this on her own. Well any  mother and grandmother would help their children and grandchildren especially when it came down to getting them out of the foster care system.

I have a rented home here thats available and fully furnished and equipped for my family and the courts denied my daughter to come home where i could help be a solution to this tragedy and put an end to this. Because the courts denied this, My precious grandbabies are still in the Oklahoma foster care system. Oklahoma DHS has had my grandsons for 4 years 10months 1week 1 day.

My daughter had just been released from prison and she needed her mothers’ help. So since the courts didn’t  allowed this to take place my grown daughter grew weary and gave up. She left her babies in the foster care system. My daughter gave birth to 6 boys, only her first 5 are still in the foster care system. That is so very painful.

Just for the record my daughter Jamira N May went to prison after her children were taken from her. It was unrelated to the children being taken by Oklahoma DHS. So my daughter she needed help and as a mother i was there to help her, but the court denied me giving assitance to my daughter.

Now since that has taken place, she is no longer in the case and i am going to court on my own. From what i have been told on many occasions that i am not apart of the case. They the case workwers  of DHS doesnot give me any information on my grandchildren. I don’t get the chance to see or visit with my grandsons. Not even hug them or hear their voices. This is hard on us. We are the family unit and its being painfully destroyed by the foster care DHS/DFS/DCFS/DSS all across the U.S by these agencies having so much power and It’s killing off the american families.

I believe in my opinion it’s another form of imprisionment. This isn’t right to destroy the families as the government has allowed this to take place.

The Department of Health and Human Services should re-construct another form of family intervention to help the persons that may come in contact with issues like this. For 1 – THE FAMILY UNIT SHOULD BE PRESERVED. For 2 – FAMILY UNIT  HOLDS  THE FOUNDATION. For 3 -  THE FAMILY UNIT IS ENRICHING AND HAS HERITAGE AND UNITY. For 4 – FAMILY NEEDS TO BE WITH FAMILY. For 5 – GRANDCHILDREN NEEDS THEIR GRANDPARENTS. For 6 – GRANDPARENTS RIGHTS ARE A MUST. For 7 -THERE SHOULDN’T BE NO ADOPTION UNLESS THERE IS NO FAMILY WHAT SO EVER TO TAKE THE CHILDREN.

With that having been said- I am here in Oklahoma and has no intentions on stopping my journey on pursuing this matter of my grandchildren being returned to me and my family where these boys belong.

What i have come across since in my journey is that the DHS system will do all it can to deter you from your hard and persistent work. They will say many many nasty things in court and try to get you to be out of character. But you must hold your peace. You see,  if one allows the system to make them so mad where they will just  give up, then they can get rid of your love-ones in my case my babies. I’m not doing that. I am a very strong woman and i will be here to the last.

Oh yes, it pains me that i haven’t seen my grandsons since 2-16-10, that was the last time. That’s very hard to deal with, being right here in he same state and city for some of my babies.

It’s a tragedy as it is that my babies my grandbaies are in the sytem and out of the home from the get go. But, for the DHS system and the family courts to keep us apart that’s another issue.

My grandchildren are my life, my world and because of this awful interruption of our lives and the separation: I work even harder to not to give up hope that this will soon be over. I pray continuously.

Oklahoma DHS and the Family Courts intimidated my daughter a young woman who had just been released from prison, But! Rest Assured, I’m not going away! The State of  Oklahoma took my grandbabies and they have a grandparent that will not rest til justice prevails. I’m a registered voter, I’m no felon, I have a 3-2-2 garage home, I relocated from Reno Nevada. I am here.

The motive for the State of OKlahoma for not returning my grandkids to date – Plain Racial, Serious Issues. It’s a personal vendetta against me.

I put everything on my life- I’m not going no where with out my grandchidren. As long as The State Of Oklahoma has my Grandchildren i am here.

WE ARE A FAMILY UNIT – FAMILY IS WHAT MAKES THE WORLD GO ROUND – MY GRANDSONS ARE LOVED.

WE ARE IN PAIN AND SUFFERRING RIGHT ALONG WITH OUR GRANDCHILDREN AND CHILDREN.

I AM ONE TO KNOW THAT IT IS NOT EASY TO DEAL WITH SOMETHING LIKE THIS, HOWEVER WE HAVE TO BE STRONG FOR OUR BABIES THAT ARE IN FOSTER CARE.

OUR BABIES KNOW THAT WE LOVE THEM.

JUST CONTINUE TO PRAY AND DON’T LOSE FAITH. HANG IN THERE.

 D.K.

As a parent myself, I want to believe that becoming a grandparent, (although I’m in no particular rush to become one), must be one of life’s most joyful highlights.  After all, it’s like having children all over again, only this time with the benefit of having “return” privileges.

Sadly, however, for many grandparents such as you, trapped involuntarily between warring parents, and threatened with the loss of a loving relationship, the experience can also become one of life’s most heart breaking lowlights.So, for you, and all those other grandparents in similar circumstances, after many years of providing legal support to grandparents, is my best advice:

Firstly, and perhaps most importantly, resist the natural temptation to take sides on behalf of your son, (or daughter), in their marital dispute.  While your intention to help out may be genuine and well-meaning, it will, in many cases, be perceived by the other party, as unhelpful meddling, and used as an excuse to limit, or restrict, your access.

Try and remain neutral, (not easy), and respectful, of both sides.  While this approach may not win you gratitude, there is far less chance of alienating the other parent, with all of the potential negative consequences.

This also means that you should avoid using your access time with your grandchildren to facilitate access for your son, or daughter.  I know this seems unduly harsh, since they are, after all, the children’s parent. However, it gives far less opportunity, or excuse, to the other parent to deny you access, since they will argue that you are only asking for access in order to share it with your son, or daughter.

Secondly, make it clear, (best in writing/e-mail, etc.), that you would like your access to continue with your grandchildren.  This can be tricky, particularly when parents are battling to establish their own access schedule, so I suggest that when you ask for access, that you also be accommodating.  So, if an afternoon of access is missed, or needs to be re-scheduled, do not, (at least not yet), assume the worst, and complain vigorously.

Lastly, you need to recognize, as grandparents, you are legally entitled to enjoy access to your grandchildren. This is a distinct legal right, separate and apart, from the access rights of the children’s parents.  Do not sit back and expect to simply continue to see your grandchildren, when your son, or daughter, has them in their care.  Because, if something happens to your son, or daughter, (ie. they die, or simply lose interest), you risk losing your access altogether, and will need to start this grueling process all over again.

And if all else fails, I recommend that you commence an access application in family court. Good luck. After all, in my opinion, grandchildren need, (and deserve), the love, and connection, that only grandparents can provide.

My first contact with Nancy happened out of the blue in the mid 80’s, when she called my law office to complain bitterly, and vigorously, about the woeful state of grandparent’s rights. She quickly realized that she had a sympathetic ear. Never one to let shyness, or unfamiliarity, stand in the way of gaining allies; I was enlisted to speak at one of her upcoming Canadian Rights Association meetings, an association she founded. Over the intervening years I lost track of the number of times I was invited to attend a meeting, or excitedly informed by Nancy, of some new accomplishment, or pending development, in the law affecting grandparent’s rights.

Nancy had every right to be proud of what she helped to establish in the area of family law. One of her proudest achievement would undoubtedly be the changes to the British Columbia Family Relations Act, specifically Section 24. This key Section, which states that the “the best interests of the child” must remain the paramount consideration, provides judges with certain legal factors to consider, before making, or varying, orders involving child, (or grandchild) custody, guardianship or access. One of the factors requires the court to consider “the love, affection and similar ties that exist between the child and other persons.” Later in the Section “other persons” are defined as including grandparents.

It is true that some might suggest that this change in provincial legislation is not actually significant. After all, it could be argued that grandparents have always enjoyed the legal right to try and convince a court of the merits of their claim for custody, guardianship or access to their grandchild. However, I believe this argument is short sighted, because it fails to recognize the impact, and significance of actually defining “grandparents” as valued, and respected, influences in the lives of their grandchildren.

While Nancy played a pivotal role, as an advocate and lobbyist, to effect changes to British Columbia’s provincial legislation to include grandparent’s rights, inexplicably, there have been no similar changes to federal Divorce legislation. This is despite the Governments own 1998 Report titled “for The Sake of the Children” which recognized the role and importance of grandparents.

Sadly, as I have often reported in this column, the federal government has failed lamentably to implement any of the recommendations contained in this Report. The most notable omission, my opinion, is the failure to implement legislation to promote a “shared parenting” approach, versus the current adversarial custodial “winner take all approach.”

Hopefully there are grandparents, perhaps someone reading this column, who will pick up where Nancy left off, and continue the good fight for grandparents and grandchildren alike. But let there be no mistake, there will never be anyone quite like Nancy, who personified, through her life and accomplishments, the true meaning of “grand” in grandparent. I’ll miss her calls.

Unfortunately, it’s not mere imagination for a great many grandparents.  The circumstances are frustratingly and achingly familiar.  Whether the grandchildren are used like pawns by their parents in vicious custody battles or the victims of neglect or abuse by mothers or fathers battling their own addictions, the results are the same.  Children deparately in need of physical and emotional support.  Grandparents often fell themselves as unwanted and unwelcome intruders in proceedings involving their grandchildren.  Thanks however to the efforts of such individuals as Nancy Wooldridge, President and Founder of the Canadian Grandparents Rights Association, grandparents are finally receiving the attention they deserve.

At a recent public forum on grandparents rights held in Victoria, a ten point platform was unveiled.  Three of the points focus on recommendations directed at increasing grandparents involvement.  These included:

 - notifying grandparents of apprehensions, presentation hearings, foster placements, and given the opportunity to be involved in their grandchildren’s plan of care

- considering grandparents as the first placement options; and

- insisting that children have consistent generous relationships with familiar figures in their biological, extended families.

In recent conversation with Nancy, she delightfully informed me that the Alberta Government had recently introduced legislation (Bill 204) to specifically address grandparents rights.  The legislation has already passed third readingand is set to become law once proclaimed.  According to the New Release from the Albert Legislature, “the objective of Bill 204 is to supoprt and protect the grandparent-grandchild relationship, providing it is in the best interests of the child.”  The individual responsible for the Bill, Heather Forsyth, MLA, is quoted as saying “it is important we recognize the grandparent-grandchild bond and esnure there is a vehicle for grandparents to maintain that bond.”

In British Columbia, there is no legislative recognition of the rights of grandparents.  Grandparents have no privilegd place in the lives of their grandchildren.  I can’t think of any reason not to acknowledge this special relationship.  After all, the children of today are the parents and grandparents of tomorrow.

Now we all know children are our future, but I can only see his future as a human rocket. I mean it’s not that he’s a bad little boy, just a very, very, busy one. If it isn’t nailed down, Braedon is picking it up.We were into just day 1, when our cats’ disappeared. No, they didn’t run away, they just hid. I would have to, but I’d really rather deal with my grandson, then an angry wife,(after all, I did tell her I would help). Those cats hide better then that Bin Laden fellow, I’m sure he’ll turn up before they do.

We babysit Braedon quite often, but this was the first 2 day Event, so far. being the good grandparents that we are,we have set up a toy room,(use to be a sunroom). This room is filled with all the latest noise making toys that my sons’ could buy. Yet our little bundle of joy, prefers playing with the wifes’ Dirt Devil. It would be great if he actually put it to use, but the fact is, when it is turned on, he’s scared of it.

So, it’s early in the morning, time for Braedons breakfast. Ah! pancakes. Wise decision.Nothing like fried batter, with a sticky condiment like syrup. Our little guy is coated, head to toes, but he loves pancakes.

Well first bath of the day, yes, I said first bath of the day, several more to come.
After his bath, Braedon and I go for a walk, he loves the outdoors and all it has to offer. The noises and wildlife stir something in him.You can see it in those dark brown eyes. If I didn’t hold on to him tight, he would be chasing every bird or squirrel he saw. We walk for about an hour, then I bring him back to the house, and we inspect my small vegetable garden. Well, I inspect, he plays in the newly formed mud puddles from the night before.

Bath number two! Sorry, I was watching him, but he snuck away once, I explain to a very frustrated wife, sorry, won’t happen again. He’s clean again, time for a little snack, and then off for a nap. Those nap times are a real Godsend. Gives you time to regroup and plan your next strategy. He usually naps for about two hours, just enough time for us to regain our breath, and more than enough time for him to recharge

We have 4 grand children all together. Two beautiful girls, aged 11 and 12, and two wonderful little gentlemen, Aiden is now 3, and of course Braedon 22 months.It’s very heart breaking as Grandparents when you don’t get to see all of your grand children. This being the case of our grand daughters, they live a long way from us, but we keep in touch regularly by phone, and FaceBook. Yes, my wife and I both have accounts.

Our other grandson,Aiden, lives just a short 15 minutes away from us, so we see him often.He’s just turning into a little man, always polite, please, thank you. your welcome,and all those other little things.What can I say, my son and his significant other, are doing all the right things.

But, ah yes, getting back to Braedon, nap time is over, and he is completely recharged, I just wish I recharged that fast.He wants to go outside, toys all over the yard, a regular yard sale waiting to happen. Truth be told, most of these toys were bought at yard sales, Hell, got to help the economy, and my wallet, which is pretty damn thin right now. Please put the hose down, Nanny doesn’t need to be watered. She’s growing fine all on her own.No! leave the next door neighbours’ dog, he likes you, but don’t try to stretch his tail. I’m sorry, we will try to keep him away from your dog.That poor dog is getting a nervous condition!

I bought a small above ground pool, just for when the grand children come over, at the present it looks like a pond, nice green algae growing, all it needs are some lily pads, and a couple of frogs. I guess you can tell, my up keep has been rather slack, but the weather has been crap so far this year, and apparently someone unplugged the pump and filter, I couldn’t imagine how that happened! It must have been done sometime ago,so another little job, drain, clean, and refill the pool.

It is now time to make something for the next meal of the day. A BBQ sounds good. Braedon is a very good little eater, there isn’t much that we make that he turns down. I’m thinking some chicken and baked potatoes with a little salad on the side. I’m actually a very good cook, my wife tells me so all the time.(I think she does this just so she doesn’t have to cook) Well the BBQ is done, and we are sitting down to a great meal, Braedon has eaten all he can, and decides the cats, who have finally came out of hiding, should be fed, so what ever he had left on his plate, is now on the floor.

Another bath, and now our little man is ready for bedtime.We sit in the playroom for awhile, letting him burn off a little more energy, and then off to bed, MY bed! YUP, we have no crib, so my wife decided that Braedon gets my side of the bed, and I get the couch. Oh, there’s nothing wrong with the couch, nothing that a good re-upholstering couldn’t fix anyways. A few little lumps here and there. Yes honey I’ll be fine.Hell of a way to treat a grandparent!

So it’s 3 in the morning, and I have drifted in and out of sleep several times now. It couldn’t be the fact I’m not tired, might have something to do with the comfy sleeping arrangement though. So I get up and pour a cool class of juice, have a smoke, I shouldn’t I’m in the early stages of emphesema, I’m just to damn stupid to quit. Well I have quit several times, and keep falling back into that same trap.

Back to the couch, and try to sleep.Apparently I did fall asleep, it’s now 7 in the morning and I hear the pitter patter of little feet coming towards me. Braedon has awoken. My wife, on the other hand, has apparently died in her sleep, or is pretending to have. No one human could not hear Braedon when he gets up in the morning. He is the ultimate in alarm clocks for waking you up.

Come on Braedon, Poppy will make you some breakfast. Eggs and toast are on the menu today. He loves eggs and he really likes the jam on his toast too.

I have gotten off easy this morning, not much of a mess, but still time for a bath.

We go through the same rituals and trials as the day before, and finally our son shows up to pick Braedon up. He asks all the usual questions, how was he, did he eat good, was he bad ? Never bad, just very busy, which puts a little smile on his dads’ face. So after the little guy is gone with his dad, my wife and I settle down for a quiet evening, and wouldn’ you know it, we both say the same thing at the same time, Damn I miss that little guy.

Just a mention to some of you at a loss for ideas to keep those little guys and gals busy, when you are babysitting.There are all sorts of resources available to you, you just have to know where to look. I found a craft site which will give you all kinds of wonderful ideas to keep your children or grand children not only busy, but they will be learning at the same time. FreeKidsCrafts.com has a complete site devoted just to those young tots.

Grandparents need to have rights as well. Many Grandparents do not get to see their grand children, not because of distance, but because they are being denied the right . It is a very sad and heart breaking situation. So many homes get torn apart, through divorce, or just separation, and usually the children are the people who suffer. They don’t, and can’t realize the value of communication with their grand parents. They have years of experience and wisdom, that they can’t wait to share, and if they are denied this right, something has to be done. If you are having problems with visitation try visiting the custody center for help.

Wisconsin law provides conditions under which grandparents may be able to obtain formal grandparent visitation rights with their grandchildren.  One example of this is where one of the parents has died.  In that unfortunate situation, a grandparent has the right to petition the Court for visitation rights under a special statute, Section 54.56.   If, after a hearing, the Court finds that it would be in the best interests of the child to have visitation with the grandparent, some amount of visitation can be granted. 

Most grandparents use the legal system as a last resort, and for good reason.  In a contest between a parent and a grandparent, the parent’s judgment is given great deference.  Many times, grandparents will find that they are able to see their grandchildren more often by simply trying to maintain a good relationship with the surviving parent, rather than running to the courthouse.

The cases that end up in litigation tend to be those where the relationship between extended family members is already irreparably damaged.  These cases always seem to be very difficult for everyone involved.   Unfortunately, there are no standard formulas or guidelines for judges to follow, and no magic solutions.   Parents have a constitutionally protected right to raise their children as they see fit.  But when a child has already lost a parent, should she lose her grandparents, too? 

Whether or not a grandparent has a “good” case for visitation is dependent upon the facts and circumstances.  Good resources for grandparents wanting to learn more about their potential rights include an informational pamphlet published by the UW-Extension, and the AARP website.  An experienced Wisconsin family law attorney can provide legal advice specific to a particular situation.

PART 2 –  http://www.youtube.com/watch?v=h3MBOeqlOXY

JML: There are grandfathers out there that are father figures, there are uncles who are father figures when there are no biological fathers.

DG:
Yes – absolutely! Absolutely!

JML:
One of the reasons there are so few father figures out there in certain situations is because if you trace back what happened before we were even born, you go back to the 1940s, a lot of fathers were kicked out and pushed out of the family through the government. Look at public aid, public aid was a means to keep mothers and children fed by kicking fathers out of the home and that is why there are so many problems in a lot of major cities. And a lot of people believe that was based on racial prejudices and discrimination against African-American fathers. And I believe that. A lot of people disagree with me. But I believe that. And right now we are seeing a lot of children are father absent. And if you look at the media, the media glorifies father absence.

How does a male basically rate himself based on what he is taught as a child? Based on how cool he is, group sex, recreational sex, what kind of car he drives. It’s not based on education and fatherhood. And the media has a lot to do with that.

JML:
But it can change.

DG:
I think it takes a long time. I think it’s a process that we are talking about is a long standing process. We can go back to the 1930s just before and during the Depression, how white families were encouraged by incentives to move out of the inner cities and move into suburbs. That’s how suburbia started. Being in suburbia is a concept that comes pre and post the Depression (and everything else). There are so many elements in terms of regulations that the government put in place. Whether designed or not, whether they are economic imperatives that brought about this. Whether it’s economic expansion that brought about this. In their design, they may have had good benefits, positive benefits. But in any design there are both positives and negatives.

DG:
So it becomes a private industry even in the midst of calling itself “public education.”  Because, what happens? The schools, the districts, the neighborhoods with the best tax bases, the wealthiest neighborhoods, they have the best schools. They have the best schools. These are the types of dynamics we don’t look at. We’re sitting right now in the preface of all this stuff falling about. This image of this… this whole thing of what a friend of mine calls, “Phantom Wealth” collapsing on us – not Real Wealth.

What is Real Wealth? What is Real Wealth in a sane society? Real Wealth lies in what we produce. And Real Wealth lies in what we produce in human beings. Real Wealth lies in us. We’re not simply a commodity, we’re a composite of wealth. We add real value to our lives. Real value to our communities. Real value to our families. That’s Real Wealth. Not the Phantom Wealth that is taken out in terms of the way we envision the deception of money.

We’re in a state now where all this stuff has collapsed on us. You have guys walking around with Phantom Wealth who are now pushing carts down the street now. You have people who were worth so much money on paper now who are worth nothing. These are the kind of dynamics we have to watch. Not where we had been, because we will never have back what we had been. Who cares if we want to go back? Who cares if where we had been meant something? Because the past does mean something. But who we are as a fourth grade teacher. And I’m gonna end it there. Fourth grade teacher asked his fourth grade class, “What does it mean to be a human being.”

JML:
You know what is real wealth to me? My daughter.

DG:
My daughter, my grandson. “What does it mean to be a human being.” Thank you.

JML:
Thank you. And it was really an honor to talk to you.

So on the one hand, I understand that. And somewhat in a lay way, it’s restoring that movement. One of the major crises in this country is that the last effective legislation that labor won was the right to organize move than 75 years ago. So at every point in time, labor, the right to organize, the right to demand – I think the best citizens we have are people who belong to unions because not only do they fight on their behalf of their workplace but they fight on behalf of their community as well. They get decent jobs, I mean decent wages, respectable jobs, retirement, healthcare – all those particular things fall in that so you can’t section out a portion of what happened without knowing the other dynamics of it.

Everything from Taft-Hartley 1947/1948 onward – labor has been pounded, pounded, pounded. The number of people who are not unionized in this country is dramatic. It’s only 8 to 10% of people outside of the federal workforce who are not union. And everything is happening in terms of that. That’s had a major impact on the climate of labor. Plus what I talked about earlier about the de-industrialization of labor – sending jobs to cheaper markets where the labor is cheaper there. That is a major part.

JML:
That’s killing us.

DG:
But that’s been happening in the black community since the 1950s.

JML:
I agree with you 100%.

DG:
Detroit is a prime example. Why the riot? Nobody looks at the social, economic and political dynamics around the riot in Detroit in 1967.

JML:
Because nobody cares.

DG:
Nobody cares.

JML:
But they need to.

DG:
People need to understand that all these dynamics have a role in the play in a sense. So on one hand, what do you have? In the midst of all this, we this propaganda that says, “This is the best country in the world! You can do anything, you can buy anything you want.”

You show all this stuff to people and kids on TV who have nothing. All these people have nothing. What do you expect the people to do? If they can’t immerse themselves in it. And they can’t gravitate towards that. It’s impossible to something in which is considered to be illegal. Do they end up in jail? They end up in jail. But not the people who rip off who they are. Not the people who gain their wealth through thievery – legitimate legal thievery and everything else. So the whole is that when we look at this we have to understand that what happened. I’m not apologizing. It’s not a witch-hunt.

I grew up in California, I was raised in San Francisco, California. I grew up when California had one of the five best public schools, public education systems in the country. I grew up in that system right there. And what happened because of that? You talk about Proposition 13 that has passed which limited the amount of property taxes that can be levied against property, the percentages of that. All of a sudden, where did they take the hit? The took in education, the took the hit in social services, and they took the hit in terms of social services provided to senior citizens. Right then, boom! Proposition 13. And what it did was it saved the property owners a lot of money but they lost the tax base for school education and the federal government does not have a federal plan to fund education. The federal government has never been a federal plan for education in this whole country. All of that is designed for the state – and the state does what it does.

JML:
And the state mishandles it.

DG:
Well I think it takes a long time to whither away at values that people have.

Often, the holidays are a happy blurred memory batch from childhood, with ham dinners with families gathered at grandparents’ house, favorite (and not so favorite) presents we’ve received over the years, candlelit church services, carols and much more.

Overlay this with the commercial media blitz of glitter, bling (every kiss begins with k?? Awesome!) and price cuts, and the secular Holidays take on an almost sacred tone of their own.

We want our children to experience this, to feel whole, to be glad and warm and loved. Often we are able to swallow our own pain–or drown it with well-doctored eggnog– long enough to let the little ones experience Santa and the magic.

But what we also see as the years have passed is the carving up of these happy days with a broad knife, dividing the time the children “must” spend with father, mother, siblings, grandparents and others. When parents cannot look beyond their own needs to compromise with their children’s lives, the court will do it for them, with lack of emotion or feeling to guide it.

Four hours for mom. Two hours for grandma. Twelve hours for dad. Splitting the day so you have to be hauling kids on the road for two hours of the holiday you’d all rather spend at home. Alternating years, so every other Christmas your hearth is empty and dark with no children to celebrate. Christmas Eve. Christmas Day. Thanksgiving Thursday. Friday? Maybe, if you’re lucky, a few extra days of the vacation when the children can have a parent all to themselves without other obligations.

There’s no good way to do it, so this yields the sucking-up and effort to maintain through the holidays “for the kids.”

In my generation, divorce was not as prevalent as today, and we visited in summers only, so our holidays, though father was absent, were not disrupted. My children, however, were subject to visitation orders, and spent most holidays with their fathers, which was fine with me. Holiday is a state of mind, as far as I’m concerned. You can have a special day on the 23rd, 25th, or even 31st, if you put your mind to it.

Many more children of my kids’ generation grew up in split parenting situations, so maybe for them, it’s not as traumatic for their own children to be visiting other households during these magic periods. And often, no matter how hard you’re trying to hold things together, the children are well aware of the tensions underlying the surface. If those tensions become toxic, then perhaps separation, even this time of year, could be the right choice, for everyone’s peace of mind.

But even if the magic fails on one front, there are many more, like these suggestions from Suzy Brown. As she says, “Holidays are about peace and sharing and gratitude and love. During tragedy, or divorce, or heartache we have to reach down and find those core things at a deeper level, a more meaningful level.”

Brian James, who is a trained divorce mediator, also adds tips, including not trying to buy the child’s happiness with “stuff”, and making sure if you celebrate together that the children don’t take this as fulfillment of their fondest wish–that you’re getting back together.

If you feel that you can’t hold on, for any reason, please seek professional help, whether in the form of legal counsel, psychological counsel, or just a heartfelt cup of cocoa with a good friend or close relative. Take time out for yourself. Most decisions about situations (absent actual danger) can be put off for a week or two. Give yourself and the children time in as de-stressed a manner as possible. This will pay off as they learn coping skills from you they can use all their lives.

Common to both situations was the shock by the parents over the standing they discovered the grandparents had to solidify their position in the child’s life legally. This information is not intended to take the side of parents or of grandparents, but simply to educate people about unintended consequences of decisions they make regarding their children and grandchildren.

Kentucky, and many other states now have provisions for establishing a de facto custodian standing by persons, often grandparents, who provide extended care for a child. The exact criteria for Kentucky can be found in KRS 403.270. Basically, if a person other than a parent is the primary care provider and financial supporter of a child for a certain amount of time, courts are to give them equal consideration as the parent in custody determinations. There are more complicated aspects to this law and it interacts with other custody laws, but the basic idea is that if a parent leaves a child in the care of a grandparent (or other person) for six months (children under 3 years of age) or a year (children 3 or older), then that care provider may gain rights to that child that equal that of the parent. It is unlikely that even written agreements to the contrary would alter that standing, and verbal agreements certainly would not prevent this legal standing from coming into being.

Similarly, Kentucky and many states have statutes that appear to grant visitation rights to grandparents. In Kentucky, the statute is KRS 405.021. This law turns out to be weaker than the de facto custody law because of U.S. Constitutional concerns so it is less likely that a grandparent could get a court to force visitation with a grandchild over the reasoned objection of the parents. However, it does open the door to grandparents filing suit in court which can be an expensive and conflict ridden experience.

For parents contemplating using someone, like a grandparent, for extended child care, you should consult with a family law attorney regarding the specifics and the risks involved. For grandparents who are care providers and concerned about losing that status and the wellbeing of your charge, consult a family law attorney with the specifics to see what standing you may have. Although potential legal actions exist, it is best to work out visits between grandchildren and grandparents with reasonableness and the interests of the child in mind.

The court shall order reasonable possession or or access to a grandchild by a grandparent if:

• 1) at the time the relief is requested, at least one biological or adoptive parent of the child has not had that parent’s parental rights terminated; and
• 2) the grandparent requesting possession of or access to the child overcomes the presumption that a parent acts in the best interest of the parent’s child by proving by a preponderance of the evidence that denial of possession of or access to the child would significantly impair the child’s physical health or emotional well-being , and
• 3) the grandparent requesting possession of or access to the child is a parent of a parent of the child and that parent of the child:
• a) has been incarcerated in jail or prison during the three-month period preceding the filing of the petition.
• b) has been found by a court to be incompetent
• c) is dead; or
• d) does not have actual or court ordered possession of or access to the child.

A question here, is how can Britney Spears lose
custody of her healthy children with one of the reasons
of the loss, is she allows them to eat doritos and
drink pepsi in their bottle? Yet this Judge can give this
Unfit Mother custody of this baby?

In a normal child custody case, this would not seem to
be a horrendous act. Unfortunately, this is NOT a
normal child custody case. And this IS a horrendous
act.

The Judge is giving this child a death sentence. It is
a death sentence because of a number of reasons. The
main reason is this baby has extremely severe health
problems. She needs constant care and attention to
keep her alive.

This 14 month old baby was born with only one heart
chamber instead of four, her heart is on the opposite
side of her chest and she has a disfunctional spleen
which means she has no immune system. She underwent
open heart surgery several months ago. She is
scheduled for more open heart surgery in 9 months.

Yesterday, this Judge refused to consider her health
issues in this child custody case. He did not want to
be bothered with learning the FACTS in this individual
custody case.

This Judge lumped this child custody case into
“normal” child custody cases, repeating over and over,
“the child needs to be with her mother”, “the child
needs to be with her mother.”

He refused to review any information sitting in front
of him. He refused to hear testimony from baby’s
doctors who were ready to describe this baby’s health
issues and needs. He even refused to hear testimony
from a Deputy Sheriff who was ready to testify
regarding the disgusting home the mother and boyfriend
live in.

If he (the Judge) simply reviewed the background
information in this custody case he would have learned:

– The Mother signed over custody and guardianship of
the baby to her father and stepmother when the baby
was 2 months old because she (the mother) did not want
to have to deal with a baby, much less a sick baby.
The baby came to the grandparents emaciated and sick.

– The Mother lives with a boyfriend in a home less
than clean, with no heat or air conditioning.

– The Mother and boyfriend have two viscious dogs in
their home (1 is a pit bull).

– Neither the Mother or boyfriend have a car or
telephone.

– The Mother and boyfriend have no income.

– The Mother and boyfriend visited the baby for only
1 day when the baby underwent open-heart surgery
to help her live. The baby’s step-grandmother and
grandfather stayed with the baby the full time.

– The Mother and boyfriend had no contact with the
baby in the last 3 weeks. They also could not be
bothered to visit the baby when she was in the
hospital due to a respitory infection, rotto virus and
double ear infection as recently as last week.

– The baby does not KNOW her Mother or the boyfriend
because they very rarely visit the baby. They will
not be able to soothe the baby when she crys and is
upset.

– The baby needs 24 hour vigiliance. She needs
constant care and attention. She cannot be allowed to
cry vigorously — her heart could explode. She needs
daily medication. She must be given nebulizer
treatments twice a day. She gets sick with colds and
ear infections very easily which puts her at risk of
death. She needs to visit a doctor once a month.

In a normal custody case, when a child is healthy, and
is given back to a mother like this one, he or she
would probably survive. But, again, this is NOT a
normal child custody case. This baby needs SPECIAL
care that this baby’s Mother is not prepared to give.

At the very LEAST, the Judge should have ordered that
before the mother receive custody, she must learn HOW
to care for this extremely ill child. Once it has
been determined that the mother can actually care for
the baby, the baby could go to the mother.

Yet, this Judge could not be bothered or worse, filed
for the mother as a “favor”.

Why would this Mother want custody of this baby, even
after exhibiting no interest in the child in the past?

When the Mother learned her father and stepmother
received $400 a month compensation for caring for the
child, she demanded that this money be given to her
(the mother). When the guardians refused, she took
the steps to acquire custody. We are assuming it is
because of the money …

Giving this baby to her mother is an OUTRAGEOUS act, at this time.
The Judge in this case should be held 100% accountable
for any negative outcome that occurs.

NOTE: Names have been withheld until Legal can review
contents.