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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37052
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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How can a person who has a criminal record of Rape (guilty)

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How can a person who has a criminal record of Rape (guilty) Aggarvated Assult (guilty) Served time in Tennessee Correction Facility and was committed to a Mental Hospital in 2004. He has filed several false charges against the mother of the child ? The Juvenile Court System, Springfield, TN, Robertson County has allowed the father with the above record to stop the mother from seeing her child, his mother takes in foster children, so there is bias involved with the court system there. The mother has no criminal reords and is trying to get custody of her daughte. What can she do, file or get help ?
Submitted: 1 year ago via LawDepot.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.

I am sorry that you are in this situation. You have provided me with the background for this person but not th complaint itself. What happened? The fact a person has a criminal record does not necessarily deter him from using the courts. What are the false charges and what evidence exists? Please provide me with more information so I can best reply to this concern and attempt to figure out options for you, thank you!
Customer: replied 1 year ago.


Christopher XXXXXXXXXXXXXXXX (father) has filed the following

1.Child support case # XXXXX

2. Doc. XXXXXXXXX his charges of unfit, her son's molested her daughter, contemp of court and other charges.

3.Child Custody : Doc XXXXXXXXXX all in Springfield ,Tn. Robertson County Juvenile Court.

 

Holly XXXXXXXX (child) has been appointed John XXXXX ,Attorney with DCS and Jessica has Grace XXXX, Attorney. The court is bias because his mother takes in foster children from the same court,DCS and all attorney's.

Expert:  Dimitry K., Esq. replied 1 year ago.
Jessica,

I must warn you that you are posting personsal information on a public site. That information is not something that you likely wish to disseminate--I have asked the moderators to block and remove such information to best protect your information.

Having said that, I am having a hard time understanding how taking in foster children translates into bias. Could you clarify? Typically taking in children is considered a positive and not a means for bias. Also, you mentioned "contempt of court"--what specifically is he alleging that was not followed. Also, is the clam that there was a molestation true in any way? Please respond so I can best review this information, thank you!
Customer: replied 1 year ago.


Bias because he is using the court system on his mothers records, not his and the court has allowed it in Judge Melanie Starks court. Contempt : late taking Holly back


The molestation is totally untrue. If any one has molested this child is the father, he has threaten her, brain washed (or tried) This child wants to live with her mother, she is afraid of the guns he has in his bedroom ( a convicted felon is not to own or posses a gun in the USA.

Expert:  Dimitry K., Esq. replied 1 year ago.

Jessica,

Thank you for your follow-up. My apologies but what you are describing is not bias. If the mother has a history of abuse, neglect, drug use, or other factors in her history, those factors are all potentially related to the case if the claim is based on parental neglect or contempt of court. I am not defending the court here, I am purely analyzing their behavior based on the facts you have provided. Since the mother is the one who is potentially on trial, her background is probative (useful) to the courts, and his background is only potentially probative based on whether or not what he is stating is true but not to his fitness because that is not what is being evaluated.

As for contempt, that likewise appears legitimate. If someone is ordered via a court decree to return the child at 7 pm (as an example) and they return that child at 9 pm, or give her over the next day, then that is technically contempt of court. The longer the child is held, the more serious the claim becomes. If that happened, then it is best to show a potential legitimate reason for the delay, such as illness of child or inability to find the other parent to avoid the claim. Stating that it is the child herself who did not wish to go is not a good excuse which the courts would not accept as valid--adults make decisions on behalf of their children, not the other way around.

I do agree that the firearms owned by a felon is a very serious issue and something that should be brought up to the judge. Similarly requesting that the child be exposed to a child psychologist to find out whether or not the parents are fit is also a good option to consider. That, hopefully, can obtain evidence on the lack of the molestation and use that to dismiss such a claim. If successful, then it would open the basis for a defamation claim against him that you could choose to bring in.

Hope that helps.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37052
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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