Grandchild held hostage by legal system and forced to live in drug environment

[Earthmother]

We are in West Virginia. My daughter lost custody of her son 5 years ago as a breast feeding infant. The father is a drug dealer and has been for at least 30 years. She tried to leave him to get away from the drugs and he took the baby from her, pulled some strings as he is very familiar with the court system regarding these things (he has had 5 different families, 8 children altogether), and got custody. My daughter has tried unsuccessfully for years to get the chile back and out of that environment. The father was recently arrested TWICE in 2 months for manufacture and posession of Methamphetamine. She got temporary custody which was revoked due to "faulty" paperwork. Some of his charges were dropped also due to "faulty" paperwork, even tho the evidence was there. She has exausted her options as far as the local court system goes. The court won't help, the Dept. of Human Services won't help, her lawyer isn't helping. The little boy's school teacher is afraid to testify, as are many other people. My daughter has everything going for her. Stable family life, reasonably steady income, owns her own home, she's married and has a toddler. She is an excellent mother. I fear that my grandson is being neglected, and put into a very dangerous situation. Do you think that she could sue the father for endangering her son? Could she sue the court itself? Any other ideas aside from kidnapping the child and running away with him (not an option!) We believe that the father has in the past lined some pockets to get what he wants. He is above nothing.

 

[VeronicaGia]

Being charged with a crime and being convicted are two separate things. He is innocent until proven guilty. He has also been the custodial parent of this child for five years and the child has established a bond with the father.

You may "feel" your grandson is being neglected but you have offered no proof.

She cannot sue anyone here. Has she been fighting all this time to regain custody or is this something she is just starting now? If she is just starting this fight now, why did she allow this to go on for five years? That will be important to a judge; she goes to court, says "I've known all along this was happening but it just now became important to me." How exactly will she explain that to the judge?

If she's been fighting for custody all along, she may have a chance at joint legal and physical custody. But she would have to prove to a family court judge (not heresay) that the child is in imminent danger.

 

[rmet4nzkx]

If you believe the child is in jeopardy CPS, let them know the teacher may have information but is afraid. There must be something you are not telling us like what reason was given for taking a breast feed child away from it's mother escaping domestic violence, something is missing, does your daughter have any criminal history or a history of mental illness or substance abuse?

 

[Earthmother]

Yes, as I said, She has been fighting for custody since he STOLE the child from her. No, she has NO criminal history of any kind. When she tried to escape that environment with her child, she went to her best friends house for help. She spent the night there. He showed up early in the morning in an illegal truck, snatched the baby, assaulted a minor, hit 2 cars leaving with the baby in his lap, no car seat. He already knew what to do, so he headed straight for the magistrate to get custody. She was behind him by 1/2 hour, as she didn't know what to do at first and called me for advice. Because he had physical custody of the child, he was granted custody on paper. There was nothing she could do as DHHR would not do anything except give her a hard time... To say nothing of the rediculous amount of times she was told someone did the paperwork wrong, always in his favor. Someone I know even went to the local police and volunteered to wear a wire on him, but they wouldn't have it. I finally paid a visit to the DHHR myself a couple of months later with damning information about the father's drug dealing, and possible connections to the MAYOR, and they dropped her case like a hot potato two days later, but left him with custody. Innocent until proven guilty is crap. He was caught red handed with the goods, He had miles of videotape of all the people who were coming to his house (surveillance cameras in the driveway).He had 3 people who were going to testify to what they knew. Open and shut case. But, as I said, "faulty" paperwork got the charges dropped. Now he's in trouble again, for the same thing. There comes a time when Innocent until proven guilty becomes just rediculouis! This is a five year old boy we're talking about. An impressionable child. This man and his girlfriend have moved over and over again, and even been homeless a few times. He has broken up with his girlfriend over and over again, sometimes leaving the child with her for weeks at a time. The law has been called on him for domestic abuse more than once. I know far too much about this individual, things I have seen myself, and things my husband has seen, to let this rest. There MUST be something she can do! Meth is at epidemic levels here, and those of us who are against it and too close for comfort are AFRAID. There have been more murders in this area in the past 2 years than in the last 30. As I said earlier, we have reason to believe that this man is being protected. The only other excuse would be if the legal system is so bad that they just can't seem to do anything right. They are certainly not avbout protecting the innocent.

 

[BL]

You state her Petitions were dismissed because of faulty paperwork.You also say her lawyer isn't helping much.

Did the lawyer refile the proper paperwork ?

 

[Earthmother]

Her lawyer is wishywashy. She seems to have decided that it would be best for my daughter not to fight, but rather just let him have his way. She has changed her mind more than once in her advice on what to do. Don't know about the paperwork question, but I do know that everytime my daughter tries to get the lawyer to help, she doesn't get anywhere with it. I suggested she find a different lawyer, not in the town or even the area where this is happening. Someone who wouldn't be influenced...

 

[Earthmother]

I just found out that the lawyer won't file for an emergency change of custody because she is afraid that they will throw out the charges AGAIN and there will be nothing to go on... Couldn't she have the lawyer bring the arresting officers into the court to testify what they found? I really can't believe that this child has to wait until the custody hearing in November...

 

[SMURFEELAW]

At least in my state an emergency order isn't about witnesses testifying. But your daughter could fire her lawyer, get sworn affidavits from anyone and everyone that has SEEN the father put the CHILD in danger and file an emergency petition for herself.