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socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 34685
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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I found that the step father was on probation when I asked

Customer Question

I found that the step father was on probation when I asked for a restraining order. Do you think that was the dismissal reason in civil court, because the judge at first at the TRO was mad as hell and even protected my daughter, later in the hearing didnt even want to listen to me for 20 seconds and dismissed it, with prejudice. Records were sealed, unsealed and sealed again, Sentence was 38 months for a felony, but because he ratted out his mates for a conspiracy to import large quantities of marijuana, he was let on probation. Mom lied about identity theft and the real guy being in jail. Those guys may be coming out of jail and going after him, jeopardizing my daughter. My daughter is talking about a trip to Europe, now Washington DC. My ex is very thin and looks like crap, not feeling very good myself.

Step fathers ex wrote me the information she had on him may not be current anymore so she refused to talk 2 years ago.
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 3 years ago.
Hey,

I don't think that the probation/informant issue is relevant to the restraining order. I do think that a stepparent with known criminal ties is a threat to a child's safety, and a protective order is a rational choice for a judge. So, I cannot explain why your order was dismissed -- except that perhaps there was nothing in the stepparent's prior conduct which presented any real threat to the child. I realize that you believe the stepparent is a threat -- but, the issue is for the judge to decide, and apparently the judge decided that no threat exists.

So, you have to let it go, because it's a moot point -- at least, for now.

Hope this helps.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!

socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 34685
Experience: Attorney and Real Estate Broker -- Retired (mostly)
socrateaser and other Bankruptcy Law Specialists are ready to help you
Customer: replied 3 years ago.
The drugs case was in South Dakota, so I am not sure if judges here know about it, since I never brought it up. His probation ended febr this year. I am now more confident that its him since a friend of mine is finding more info on Pacer that it has to be him, plus that my ex was told by him its identity theft and the real guy is in jail, but he only had probation. Thats why his records were never expunged. Sentenced in 2007.

Any helpful hints, I still get threats that I am going to jail from this guy.

Rene
Expert:  socrateaser replied 3 years ago.
If you're going to raise criminal character issues about someone, you need credible objective evidence. Otherwise, the court will view you as a vindictive and hostile parent, rather than one concerned about your child's welfare -- and it will rule your testimony/evidence inadmissible upon opposing counsel's objection as substantially more prejudicial than probative. Being investigated for identity theft is not the same as being convicted -- and identify theft, by itself, does not show that the stepparent is a danger to the child -- much less that the other parent is a danger to the child.

Criminal drug activities is relevant, because continued activity could put the child in real danger, due to the generally violent nature of the drug trafficking business.

Note: Most family law judges couldn't grab the evidence code if it was written on an anvil and dropped on their head. But, you've mentioned that the judge in your case comes from the criminal division -- which means that he/she probably does know the evidence code. So, be careful because this line of attack could really backfire.

Hope this helps.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!



socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 34685
Experience: Attorney and Real Estate Broker -- Retired (mostly)
socrateaser and other Bankruptcy Law Specialists are ready to help you
Customer: replied 3 years ago.
Its a known fact that the step father befriended a convicted child molester and has him over for dinner and such. CPS has confirmed this, maybe thats why they will not release the records. Juvenile court ordered now twice the records to be released.
Expert:  socrateaser replied 3 years ago.
CPS won't release whose records?
Customer: replied 3 years ago.
My daughters, Juvenile judge ordered them and didnt get but one file about 8 months worth of lice and it was of course a bad write up for me. Case worker knows the principal who has a grudge against me (her sons are in dads full custody). Juvenile judge gave me second order that CPS has to release all records to me. CPS said they are classified, now they said 14 weeks, but they just dont do anything. Order is from March I believe, second one is nunc pro tunc or something.

In the lice case CPS worker wrote that both the principal and the child psychologist had said that I had written excessive emails. Child psychologist says in an email to me that this is not true. He also wants either a minors counsel or full custody eval. He is no longer seeing her because mom doesnt bring her in. He says the child is fully aligned with both parents. I told him my concern was more with the step parent, but he doesnt want to say anything about that. He did say a few things during therapy to me, one was about that my daughter pretends to like step dad is her survival mechanism, second one was that he said after playing :"so the bullies go to jail!!, now that is interesting"

I got lots of stuff going on and its shooting straight in my legs if I get this late night emails from the step dad that I am going to jail.

If there is any purpose to the harrasment, like he is saying that each missed child support payment will be 5 days in jail, does that prevent a restraining order?

Belief me, if I am sure this guy is a problem, he is. I never act up or out, but when I know, I know and then I am always right (those one or two times in my life). it doesnt go overnight.

I had a dream to apologize to him, that I was wrong, but how can that be if my daughter has told me what he does. Nobody believes me though. But I am the father and very close with her. Although somewhat less now she is withdrawing because whatever she does, she will be in trouble for enjoying herself.
Expert:  socrateaser replied 3 years ago.
That's interesting -- however, you didn't answer the question. Whose records are you trying to obtain (stepfather, stepfather's friend, etc.)?
Customer: replied 3 years ago.
my daughters records,
Expert:  socrateaser replied 3 years ago.
Well, you have the option of filing a contempt action against the CPS agency head, seeking imprisonment and sanctions until the documents are produced.

Hope this helps.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!

socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 34685
Experience: Attorney and Real Estate Broker -- Retired (mostly)
socrateaser and other Bankruptcy Law Specialists are ready to help you
Customer: replied 3 years ago.
i heard everybody has this problem. Here a grand jury has cited cps in the last few years for misconduct and 10 years ago they were involved in child trafficking.

They wrote me up badly, next they will take my daughter because this guy is a freak, and gone is my daughter.
Expert:  socrateaser replied 3 years ago.
You actually don't need the CPS records. Convicted sex offenders must be registered with the California and Federal databases.

Assuming that you can connect this person to the stepfather, and show that the person regularly comes withing proximity of your child, then you ought to be entitled to a protective order. But, that doesn't get you to a custody change, because the connections are to attenuated. Carried to the extreme, this sort of theory would permit a person to be denied custody if anyone they know, is somehow connected to a sex offender.

The point is that it's not the CPS records that will make your case. It's the actual conduct of the stepfather and his friend, with respect to the child. And, short of hiring a private investigator to collect information on that conduct, you may be putting your "eggs" into a basket with no bottom.

Hope this helps.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!

socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 34685
Experience: Attorney and Real Estate Broker -- Retired (mostly)
socrateaser and other Bankruptcy Law Specialists are ready to help you
Customer: replied 3 years ago.
well, they know the sex offender from church.

There is another name, which 2 years ago a PI made a booklet, is one of the step dads aka. Same birthday, social, adresses. This guy has records all over the county, harrasment, criminal and mental health. It would be very typical for the step dads real behavior. This guys name is XXXXX XXXXX usual , Michael Mead. The PI at the time said that it would take a lot of work to find out if thats really him. The step dad on school ground always was evading taking pics of him, he would immediately start tying his shoes when I moved a camera in his direction.

my daughter says the step dad thinks he is James Bond.

I also know that the the DA at the time of him being the informant resented he made the deal and has remarked that he would rather up his felony 2x. Maybe the DA is after his identity now his 'deal' is over??
Expert:  socrateaser replied 3 years ago.
Without being able to show that stepdad and mom spend frequent time with this person, and that the person is a serious criminal offender, you are wasting your time. That's a lot to prove. Easier to just have the child tell minor's counsel that she is afraid of stepdad.
Customer: replied 3 years ago.
well, today I didnt give her back to mom, because mom is hinting to problems with my 50th birthday. I had a regular weekend after that they blocked away with vacation, then I requested vacation the days before, but it was 28 days in advance and not 30.

Mom without informing or asking me planned a bible study vacation for the whole next week. I was expecting to get her the 9th according my vacation request, and the 12th and the 13th which are already my days, but she just was threatening this morning and I am not going to miss my 50th birthday without my daughter.

Then she (looks and she admitted together) wrote a letter to my sick mother in Holland who has COPD and cant breathe much, about that I have to go to jail. Then she called my roommate at her work if she was hiding Olivia there.

I just saw my knee surgeon, who also quickly looked at my daughter and he said the step fathers hikes caused bumps under my daughters knees, since tendons are strong and rest like bones and knee caps are growing and shouldnt be overused. Like the step father forced her through painful hikes.

Me keeping her is bad I guess, but if they threaten me and her that we wont see each other? He threatened to cause PAS? She returned to being a normal kid in the last days because I had her 6 days due to the weekend. She just doesnt want to go home and declared that also last night to a surgical nurse who is now director of surgery at Scripps. We were having fun again, as in old days, and thats of course to be punished.

Should I have let her go?

Rene
Expert:  socrateaser replied 3 years ago.
You have to follow the existing court orders, unless you can get an emergency order modifying those orders. And, to get that sort of order, you need proof of child abuse. If you think that the knee injuries were caused by abuse and you can get a physician to testify to that, then that would probably be sufficient. But, any physician or nurse who would testify to abuse, would also be obligated to report that abuse to law enforcement. And, if that were to have occurred, then CPS would be involved again.

Therefore, regrettably, and while I understand your angst, you are not presenting facts that rise to the level of child abuse.

Which leaves you back with what I have been saying: if you want to modify custody, then file an OSC, request minor's counsel be appointed, and then hope that your daughter will tell the attorney that she doesn't want to be around mom and/or stepdad anymore.

You can dance around all this for as long as you want, but it won't change the fact that the court needs proof that the best interests of the child are served by a modification of custody. Until you put that sort of evidence in front of the court, the judge will continue to waive off your complaints.

Hope this helps.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!

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socrateaser
socrateaser
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Attorney and Real Estate Broker -- Retired (mostly)