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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 89723
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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can you help me in regards XXXXX XXXXX 3yr.child back home

Resolved Question:

can you help me in regards XXXXX XXXXX 3yr.child back home that has been taken from agood and loving home and put complete strangers she was healthy happy and well adjusted child. now she is like alittle whipped puppy.she is losing weight and very confused.
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.
Hello

I am an attorney with more than 25 years experience. I will provide your information today and look forward to assisting you.

Gee, I am sorry to hear of this matter.

Please tell me why she was taken and what your relationship is to her?

Thank you

Customer: replied 1 year ago.

I am the childs, great-great grandmother. The child, her name is XXXXX XXXXX parents were going through a divorce. The paternal grandmother, who had never even visited Gracie, or made any attempt to get to know her, decided that she wanted Gracie. Chelsey, Gracie's mother, had done some foolish things, nothing illegal, and posted them on facebook. Most of what was brought up in court was about issues that happened prior to Gracie even being born. While going through the divorce Chelsey had started to date another man and became pregnant by him. The paternal grandmother decided that this was not a good environment for Gracie to grow up in. Gracie was living with her mother, grandmother and grandfather. She was well taken care of and lived in a very stable and loving home. The court that we went through was located in the hometown that the paternal family is from, and Gracie's father was somewhat of a local hero. This definitely affected the ruling. There was no reason for her to be removed from her home. Gracie was not suffering from any kind of abuse at all. She was a very outgoing and lively child, now she is withdrawn and timid. Gracie is being punished for the things that her mother did prior to her being born.

Expert:  Samuel II replied 1 year ago.

Hi

Thank You for all that information.

I am sorry but I need to opt out of this and allow another professional to assist you.

Please do not respond here until another posts for you

Thank you


Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. Different contributor here, I look forward to working with you to provide you the information you are seeking.

Is the mother currently a fit parent to raise the child?

What are the particular issues she is accused of having?

Were any of these issues proved to be current in court?
Customer: replied 1 year ago.
Relist: Answer quality.
they couldnot do the case,just the 60.00$
Expert:  Law Educator, Esq. replied 1 year ago.
I have asked you several questions to respond to, I am a different expert from your first expert. If you would like to answer those questions for me I would be more than happy to try to provide you the information you are seeking.
Customer: replied 1 year ago.

yes she is a fit mother
lying dating,she does occasionaly date and have a beer

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for responding, but you still have not told us what she did that the ex alleges was so bad in her past that she should lose custody of her children.
Customer: replied 1 year ago.


The initial paperwork stated that there was physical and emotional abuse. There was no physical abuse brought up in the proceedings. She is in no way abusive toward the child at all. She is a good mother.


But the brunt of the evidence that was used against her was that my great-granddaughter has/had lied in the past and that she posted on facebook pictures of herself drinking and partying with friends.


However, the lies that they stated that she told were all prior to and right after Gracie was born. That was 3 years ago.


As far as posting on facebook the pictures, my great-granddaughter never partied with her kids, her kids were always with family and being well taken care.


The other issue that seemed to keep coming up in court was the fact that after my great-granddaughter and her husband separated, she began seeing someone else and got pregnant with him.


She has a very good support system for both of her children, and they are well taken care of.


We tried to get help from the legal aid office in the county in which this was heard, but we were not able to because the legal aid lawyer was related to their lawyer. Our lawyer failed to bring up the spousal abuse that had occurred that he had beaten up on her several times. The lawyer did not seem to know how to handle this case. We had a jury trial, that was what our lawyer recommended, and they found against my grand-daughter. Giving custody to the paternal grandmother, whom was a complete stranger to Gracie. The paternal grandmother never made any attempt to get to know the child at all prior to her being removed. The child's father was not even given custody either.


 

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for filling in the details.

If they are keeping her children from her for something that allegedly happened 3 years prior, this is certainly not proof that she currently is not a fit mother. It would be of courts up to your great granddaughter to put together witnesses to testify on her behalf that she does not party like the pictures depict and she certainly does not currently party like that.

Furthermore, while seeing someone and getting pregnant prior to divorce may be grounds for claiming adultery, it certainly does not prove that she is not a fit parent. Again, it seems like her attorney has failed to present sufficient evidence and witnesses to testify regarding her current behavior since she has had the children and how she is a fit mother.

These cases are all about the evidence each side puts up and they are less about the law than any legal case you will deal with. These are all about convincing a judge with witnesses and evidence which parent's custody is in the best interests of the child and not the parent fighting for the custody.

I do suggest that you might want to help her change attorneys if this attorney she has is not aggressive with this case because this type of case needs a very aggressive attorney and one who will put on every witness they can to prove their client is fit and also one who is willing to attack the other side's witnesses.

I am sorry to state that unless she gets a more aggressive attorney and some more witnesses together to testify to disprove the allegations of the other side, all the court has to go on would be facts presented to them and if there are no witnesses or testimony to counter the other evidence the judge's hands are tied. Furthermore, her attorney needs to be objecting to the claims about her conduct from 3 years ago as not even being relevant because it is not timely.



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Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 89723
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Law Educator, Esq. and 7 other Family Law Specialists are ready to help you

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