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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41220
Experience:  I provide family and divorce law advice to my clients in my firm.
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We are involved in a custody case with our children's biological

Customer Question

We are involved in a custody case with our children's biological maternal grandparents (their first mom is deceased, I am engaged to their dad and 36 weeks pregnant with a much-wanted baby the kids are very excited about). I was recently accused of being "emotionally abusive" in a hearing for an unrelated matter which I wasn't permitted to attend and did not have a representative at, for information contained in therapeutic intake forms regarding said grandparents and things the children have relayed to me. No HIPAA release was requested or signed for those forms and I filled them out in good faith hoping to help our kids. I was ordered to leave my home without any investigation or formal court order served to me and barred from contact with our kids who have already lost one mother! I feel this case to begin with violates the 14th amendment (Troxel v Granville) and now my forced removal from my home and traumatised children violates my civil rights. Furthermore, their dad was ORDERED by the judge to lie to the kids and blame the baby for my absence, which I also feel is immoral if not illegal and damaging to the parent/child relationship. What can I do??
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
Is there a specific kind of lawyer that would be helpful - civil rights perhaps? The next hearing is June 10 and they say that it will decide if this removal is PERMANENT then but still no investigation has been brought against me. Further, I was removed under threat and coercion: the JUDGE told my fiancé that if he did not comply, he would be sent to jail and the children sent to foster care. He is a fit parent and so am I. We both have up to date child abuse clearances, we never smoke or drink alcohol or do drugs, our lives revolve around our family. The children are well loved and well treated. I feel the threats are a violation of law and of rights. Can we bring a lawsuit against the judge?
Expert:  Dimitry K., Esq. replied 1 year ago.
Than you for your post. Please permit me to assist you with your concerns.
I must ask, did you formally adopt these children as yours, or no? That answer hinges on what options you may or may not have under the circumstances. Please advise.
Customer: replied 1 year ago.
I have not yet. We are to be married in August and planned to do all the paperwork then. Would it help to do it sooner? Would it affect anything if we marry at a courthouse sooner than August?They are my fiancé's children, one adopted to the point he is on the birth certificate (a child from former wife's first marriage) and 2 biologically his.
Customer: replied 1 year ago.
To make this worse, this is a high risk pregnancy (gestational diabetes, severe edema, multiple large fibroid tumors in uterus, and an autoimmune disease). I am risking preterm labor or worse from the stress and upset and the judge literally told my fiancé she doesn't care it's high risk and doesn't care I'm due very soon.
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your follow-up.
In that situation the answer will likely not be as favorable as you hoped, so I ask that you do not blame the messenger.
Troxel v. Granville is not relevant here. That decision stated that PARENTAL rights are deemed superior to all other rights, including grandparent rights. You are not a parent here. You never adopted the children, and likewise even if you marry the fiance, it won't make you a parent--you need to file and get the courts to approve the adoption for you to get any sort of rights. Likewise, since you are not a parent but a legal stranger to the children, you can be removed or asked to stay away from the children until the courts and CPS are able to investigate and/or evaluate you to see if you are not a threat to the kids. Being a fiancee does not grant you any special rights because you are not yet the father's spouse, but once married you can then seek a right to be present at the home with the children provided you are not seen to be unfit. As it stands, however, this is not a civil rights violation and in fact the maternal grandparents have the right to contest or challenge custody if they believe you to be unfit, even if they are completely wrong--you, then, have a right to contest and object, or rather your fiance can do as as the parent of the children.
Sincerely,
Dimitry, Esq.
Customer: replied 1 year ago.
But what about his rights? Is he not to be accorded the assumption that as a fit parent he is making decisions in the best interests of his children?? As a homeowner, what right does anyone have to tell him that he can't have his fiancée live with him? And since there IS no investigation and I was never formerly informed of this at all how is this legal? I have had no representation whatsoever but my health is being put at risk. Our kids are traumatised.
Customer: replied 1 year ago.
Their claim is emotional abuse but when the kids discussed being told by these grandparents that "daddy killed mommy" by putting her into hospice care she needed, we were told that emotional abuse doesn't legally exist in PA so the kids were not abused. How does it exist in intake forms the kids never saw, but doesn't exist in emotionally damaging statements the kids were told?
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your follow-up.
To ensure I do not miss anything, I will go sentence by sentence with my response. You posted:
But what about his rights?
That is a bit of a red herring. He has the right to parent, but if the courts, right or wrong, see you as somehow a danger to the children, they can request that you leave. The courts make decisions 'in the best interest' of the children, and that is how they are supposed to evaluate claims.
Is he not to be accorded the assumption that as a fit parent he is making decisions in the best interests of his children??
It is not an assumption...I am assuming you mean 'presumption'. Yes, there is a presumption that he is 'fit' but that presumption can be challenged, such as by family members, Child Protective Services, even strangers. It is not a situation where his presumption of fitness trumps the right of the grandparents to challenge, if they have a genuine basis to do so. Now, I have no idea if they do or not, but at least it appears that the courts found some validity in their opinion.
As a homeowner, what right does anyone have to tell him that he can't have his fiancée live with him?
The courts. The courts can issue a ruling barring access. Failure to abide can create a contempt of court order situation that can get the person jailed and/or fined. A private individual cannot tell an owner what to do, but the courts can exert their influence and will via court orders.
And since there IS no investigation and I was never formerly informed of this at all how is this legal?
It is legal until challenged. If no investigation took place, a good attorney can move to dismiss until evidence is obtained proving the claims to be valid. Likewise your fiance can so move, but if the judge is refusing to side with him perhaps retaining counsel would be prudent. This is a most legitimate request that courts would need to fairly evaluate.
I have had no representation whatsoever but my health is being put at risk. Our kids are traumatised.
I do apologize but you are not entitled to representation as you are not a parent to these children. It is genuinely great to see that you care about them so much, but on paper you are seen as a stranger. Likewise the courts are not liable for trauma or potential issues to your health if they make rulings that go against you.
Sincerely,
Dimitry, Esq.
Read more: http://www.justanswer.com/family-law/94rv8-involved-custody-case-children-s-biological.html?src=pql&sso=1#ixzz3cLo4HYPa
Customer: replied 1 year ago.
Ok, who do I report systemic corruption to, then? Who would investigate it and how does fiancé appeal for a move outside the local family court system? This case from the beginning has been deeply flawed and the petition for partial custody filed based on lies which although challenged in the answer to the petition, they have never had to verify. One lie was that the grandparents had custody of the children for 10 years when in fact only the children's parents ever have.
Expert:  Dimitry K., Esq. replied 1 year ago.
Hi,
There is no systemic corruption here from what I see--mind you, I am only going by your facts, but nothing as yet shows to me that the judge is intentionally making wrong decisions that are knowingly biased or false. You can challenge the judge's ruling or rather your fiance can, and if that ruling was made in error he can appeal to a higher court (or even file a motion to request that the judge recuse himself based on grounds such as bias). Be aware that this can cause more harm than good as a judge makes the choice as to whether or not to get out from the case, and some take the recusal demand personally.
The fiance can appeal to a higher court, he cannot change venue typically...but can file a motion for reconsideration if an error was made. I genuinely believe that in this case retaining counsel is very much in yours and in your fiance's best interest if you believe that the assertions made by the opposing party are simply false are not being evaluated correctly.
Sincerely,
Dimitry, Esq.
Customer: replied 1 year ago.
How do we have not just the case but the court investigated? You don't have all the details of corruption, but based on PA law this case has been deliberately mishandled from the start and so have many others.And how does he appeal to a higher court? We have thus far only been told we can appeal for reconsideration by the SAME judge who made the bad decisions in the first place which makes no sense.
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your follow-up.
That is indeed the first step, there has to be a motion for reconsideration and then a denial, and then a filing for an appeal over the original decision to a higher court. To appeal he would need to hit a library in the area to obtain proper forms to craft his appellate brief or retain a specialized attorney to help him. As far as investigating the judge and the court, he would need to file a formal complaint with the Judicial Conduct Board. Here is the link to the process as well as the forms:
http://www.pmconline.org/node/23
Sincerely,
Dimitry, Esq.
Expert:  Dimitry K., Esq. replied 1 year ago.
Hi,
I see that you have had a chance to review my answers and my information. Please let me know if I can clarify anything else, and if not I would like to gently remind you to positively rate my assistance so that I can obtain credit for my work. Thank you!
Sincerely,
Dimitry, Esq.

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