Sunday, March 9, 2014

What To Expect At Emergency Custody Hearing?




Nathan


So I Have Joint Custody With My 6 Year Old Daughters Mother. Just Gained It Nov. 14, 2012. I Served My Daughters Mother With Emergency Custody Because My Daughter Told Me For The Second Time That Her Mother Is Smoking Weed In Front Of Her Again, (she can completely describe what weed looks like and how it is smoked) And ever since i was awarded Joint her mom isnt around anymore and that her Grandma is watching her while her mom goes to her boyfriends almost everyday. Her response was obviously deny deny. (judge denied my order because waiting on court date for more info, which is 1/30/13) I am working Full time, With a part time job and Working the navy reserves also. She is going to school part time. So her response was that i told my daughter to say those things and that if she said those i would by her toys. She also put a copy of her cannabis card with her response. Her Mother printed a small letter saying she is renting a room from her sister in law. The only brother she has is some guy that did time in jail or prison for raping little kids but im not sure that is the same person. My daughter told me 1/20/13 that her mom doesnt live with her, and only spends the night when her Grandma works late, and that her mom and grandma told her if she doesnt lie she wont see her mom anymore. Her Grandma Told ME "i pray for you to grow up" is that degrading? Also November 28th My girlfriends moms car was stolen. She has no idea who took it. My daughters mom Wrote me a text at 1 in the morning before any of us new it was stolen saying " a police officer called me saying that your girlfriends moms car was in an accident". Right then we called my gfs mom and she didnt know what we were talking about. i called non emergency and the operator told me that there is no way that a police officer would call her and give her any of that information. can that be used in court? i have a 2 inch binder full of emails texts timelines etc. Santa Clara County says any piece of information or evidence requires 3 copies 1 for me, the judge and the other parent. Do i need to make 3 copies of everything? Should i get statements from my girlfriends family of both the times my daughter told me about the weed situation? Anything Will help please? I cant afford a lawyer, i have a 1 bedroom studio apartment that i am paying for plus 2 infants that are also mine that live with me and my girlfriend that i also take care of. Another concern is that if shes not working then how is she able to prescribe herself with weed? Child Support? please please anyone help me.


Answer
This is way too involved to make a comment on the proceedings itself.

What I see is that you're concerned about smoking the weed and your ex is saying you fabricated the story and told your daughter what to say. That's called coaching the witness.

At the moment it appears that you have a stalemate. Her word against yours. You need hard evidence to support your claim in order to defeat her argument.

What I suggest you do is contact Children's Services immediately and complain that your daughter is being subjected to unhealthy living conditions. The idea is to have CS inspect your daughter's home so that evidence of the weed can be discovered, giving you formal evidence to present to the court.




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