The more I hear about what the judge actually said, and the more I reflect on the way things went, the more I'm sure that the judge had a pre-determined outcome (or at least a threshold in her favor that was impossibly high) and merely gave excuses for his decision.
- It is undisputed that the Custody Evaluator testified the kids want to live with us.
- It is undisputed that the Custody Evaluator testified that it is a risk to the kids well-being to send them to my ex-wife. (risk meaning not certain, not risk meaning danger).
- It is undisputed that she let the Custody Evaluator believe she had been married just four months, when she actually had been married two years.
- It is undisputed that she lied to me and her own kids about the marriage.
- It is undisputed that she refused all attempts to seek mediation for our differences
- It is undisputed that she refused to let the kids stay with her for a while in 2006 (to give me a short break from parenting responsibilities).
- It is undisputed that she did not pay the court-order child support for more than 2 years.
- It is undisputed that when the court demanded she pay child support, she did so only at the unemployed level, despite being employed for more than 2 years.
- It is undisputed that she did not notify the Child Protection Agency that she had found employment (as required by law and the original parenting agreement)
Further, the judge ordered that we not "go negative", that he didn't want to hear all the things the other parent did wrong. We went positive, and just talked about our successes as parents.
She went negative, and the judge even had to counsel her to restrict herself to answering the question, rather than going off on complaints about my failures as a parent.
But he still rewarded her with custody of the kids. We still lost. We followed instructions, we proved there was no reason to change custody, and, in fact, there was the potential for harm to the kids if he did change custody.
He still changed custody.
And apparently gave her more rights than we ever had in the first place. (She refused to let the kids come back even 5 days before school started last summer, now she demands ---and gets!--- 3 weeks!!!)
His reasons:
1) If I was staying in Hawaii, he would have given us custody. But since I was moving to Texas (not my choice, only due to military orders), this "is a good time to let them get to know their mother better".
2) San Angelo, TX is in the news in relation to the polygamy cult. Since my wife has never lived on the US mainland, the social upheaval regarding the cult trial isn't a good situation to expect my wife to continue being a good stepmother.
...but I still get to have the kids come stay with me for 2+ months this coming summer, 5-6 weeks away.
Here's what I need:
Can someone put me in touch with a Men's Advocacy group? I need legal advice, and/or legal funding assistance. I think this could be a very good case to highlight the ridiculousness of Mother Bias in our courts.
Nathan, I emailed the link to your post over to Dr. Helen in the hopes that maybe she could offer some suggestions, or even post a link to your story on her blog so maybe her readers could help. Dr. Helen is a major advocate of men's rights and frequently likes to expose the anti-male bias in society and court cases in particular. I could be wrong, but I may have seen a few of your comments over there as well. I wish I could help personally, but I have no idea where to start, even after googling "mens advocacy groups". Judging from your posts, you got completely and totally screwed by a biased judge that completely ignored the evidence in your favor. I'd like to see a movement forcing the legal system to give equal weight to the evidence and testimony of both parties in child custody cases. Is this an appealable decision? (Yes, I know that could get expensive). Let me know if you have any success in finding a group.
Wish I could help more. Will keep you and your situation in my prayers.
PS- what the HELL does the FLDS case have to do with the price of dog turds in India regarding your custody dispute? I wonder if the decision could get reversed on appeal based on a obviously biased judge making irrelevant arguments?
Posted by: diamond dave at April 19, 2008 03:44 AMOkay, stupid question: Is the kids' mom Polynesian? Was the judge?
Posted by: Joan of Argghh! at April 19, 2008 10:12 AMNathan, I am sitting here, absolutely disgusted. Give the kids a chance to get to know her better? Well, shit. I'd like to get to know YOU better. Maybe the judge would grant you custody of ME.
This is an absolute outrage, and I believe that you are right in thinking there is a preset bias.
I know of no Men's Advocacy groups, but I am going to dig around like crazy to help you find some.
I am so sorry for you. This shouldn't have happened.
Posted by: Mr Lady at April 19, 2008 05:03 PM@Diamond Dave,
Thanks...
An appeal is useless. It would take two years to complete, and even if I won, the kids already belong to Washington State, so we'd just have to request the judge there to honor the overturn. But that would be after the kids were already with her for 2 years, so he'd be unlikely to send them back unless we demonstrate she's been bad for the kids...better to just do that directly in a lawsuit in Washington.
@Joan,
Mom is C hinese; judge is an old white guy.
@Mr Lady,
Your idea sounds great, but it would probably violate several slavery laws; besides, I'm moving to San Angelo, and there are already enough problems there with weird domestic situations.
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