Tuesday, October 5, 2010
Review Hearing
Well, yesterday we had another review/permanency planning hearing which again was a total waste of time and money. The original purpose of this hearing was to review how we were adjusting to my oldest son living at home. However, since he chose to live with his dad instead...it became about how everyone was adjusting. It was confirmed that my oldest daughter has finished her counseling, that my younger two children are just about finished and my oldest son has completed the counseling per his plea agreement. It was also discussed that everyone has participated/cooperated in everything that the court ordered. However, because my ex-husband and I apparently don't agree to the legal custody change and the visitation arrangements regarding my oldest son (which was news to me), the court decided to keep this case open in a hopes to help us resolve our issues and come to an agreement. Apparently, what my ex-husband, my oldest son and I discussed and agreed to regarding visitation and changing of the legal custody is no longer valid. I still requested that they close the case because we have completed everything that has been asked and it is not the duty of this court to help my ex-husband and I to come to an agreement. The court ordered the CPS worker to work for the next 3 months as a mediator between my ex-husband and I to see if an agreement can be reached. The fact is that my ex-husband is extremely selfish and puts his own needs and wants before his children and that has not changed in the fourteen years that I have known him which makes it completely impossible to come to an agreement on anything. So, another hearing has been scheduled for the end of December to find out whether an agreement has been reached. In addition, my son has completed that everything that the court required of him. The judge does believe that my son could still use some counseling to help him with the issues regarding the legal custody and visitation. However, the insurance that he has through his step-mother apparently has run out. He has used up his annual allotment of counseling sessions. So, unless someone within Allegan County can find a way to help my ex-husband financially to allow my son to continue counseling the case will be closed within a couple of weeks.
Thursday, September 16, 2010
Central Registry of Neglect
The Administrative Hearing that I had requested to present my argument in front of an Administrative Law Judge why my name should be expunged from the Central Registry of Neglect was finally held on September 6, 2010 after having been adjourned twice this summer by Wendi Menifee from Allegan County DHS. However, Ms. Menifee nor anyone else from Allegan County DHS did not show up for this hearing. After waiting 50 minutes, the Administrative Law Judge accepted my exhibits into evidence and ordered that Allegan County remove my name from the Central Registry of Neglect. However, off the record...the Administrative Law Judge states that Allegan County DHS can and will probably dispute the order. According to the law, they have 60 days to present a valid reason as to why they did not appear on this date. Yesterday, I received notice in the mail from Wendi Menifee stating that my name was removed from the Central Registry of Neglect on August 30, 2010. It was so nice of Allegan County to inform me of this AFTER taking 1/2 day off of work to attend the hearing not to mention the preparation time that I put into for this hearing.
Tuesday, August 17, 2010
Court of Appeals - Unpublished Decision
I have attached the Court of Appeals Unpublished Decision. There is a link at the bottom of the web page that will open up in a PDF document for your reading pleasure.
Update 3
It has been awhile since I have updated...I apologize. My son was allowed to visit over his spring break as long as he spent the nights at one of my relative's houses. The visit was nice but under a lot of stress because his father was arrested 24 hours prior to the visit for failure to pay child support which resulted in myself having to drive the entire trip (12 hours) to pick my son up and then driving to return him the entire trip. My son had answered the door and was quite upset over seeing his father under those conditions. However, his father was able to make arrangements with the court that allowed him to be out of jail by the time my son was due to return from the visit. In April, I was informed by the DHS/CPS worker that in order for my son to returned to me full-time that I would have to have a place on my own and he would have to have his own room. I moved into a trailer park in May with three bedrooms. My two daughters would share a room, my oldest son would have a room to himself and my youngest son would share a room with me. There was another hearing on May 10, 2010 in which DHS/CPS requested that the court order me to have see a counselor to assist me in developing a "safety plan" for the family when my oldest son comes for visits and for when he returns home. She also requested that some weekend visits occur before the court orders that my son can return to live with me to give everyone time to adjust. The weekend visits were difficult to get scheduled due to my son's father being difficult about meeting halfway. He either didn't have the money, their family had plans, he didn't have a vehicle, etc. For what was supposed to be the extended visit over Memorial Day, I ended up driving the entire trip (12 hours) to pick my son up on Friday after work and driving the entire trip again to return him on Sunday. When my son was due to come for his next visit on June 11, 2010...we had similar issues except this time it was because the DHS/CPS worker made the pick-up and drop-off schedule without taking into consideration my work schedule and based it around what was convenient for my son's father. However, my son's father and I actually were able to finally work on an agreement which allowed my son to be here for two weeks. On July 6, 2010, there was a permanency planning hearing. At that time, DHS/CPS requested that the two week on and two week off visits between my home and his father's home continue until the middle of August in which my son will finally be returned to me. YEAHHHHH!!!!
However, after much discussion with my son....he asked to remain with his father. He expressed that he had missed out on too much of his father's life in the past five years and realizes that his father will not make the effort to stay in contact or visit as I will. It was a difficult decision for me but I decided to let him live with his father.
On July 29, 2010, the Court of Appeals found in favor of Allegan's rulings. The next step is to take the case to the Michigan Supreme Court which I am not in the position to do financially. However, a professor from the University of Michigan has offered to take the case pro bono. So, I gratefully accepted. According to him, there are several cases in Michigan in which the non-custodial parent is admitting to guilt in neglect/abuse cases and the courts are taking jurisdiction of the children from the custodial parent and enforcing the custodial parent to submit to service plans, counseling, etc. even when the custodial parent has not been found guilty of neglect/abuse as in my case. This professor is working to change this for families all over and get a ruling that will put an end to this corruption. He is drafting an Application to the Michigan Supreme Court and then the Supreme Court will decide whether they will look at the argument and hear the case. There is a 1-2% chance that they will consider the case which is very low. However, this professor believes that due to the interest in cases very similar to mine within the past year and a half that I have a good chance.
I am not sure where allowing my son to live with his father leaves me regarding the case in Allegan. There is another hearing in October. I continue to take one day at a time.
However, after much discussion with my son....he asked to remain with his father. He expressed that he had missed out on too much of his father's life in the past five years and realizes that his father will not make the effort to stay in contact or visit as I will. It was a difficult decision for me but I decided to let him live with his father.
On July 29, 2010, the Court of Appeals found in favor of Allegan's rulings. The next step is to take the case to the Michigan Supreme Court which I am not in the position to do financially. However, a professor from the University of Michigan has offered to take the case pro bono. So, I gratefully accepted. According to him, there are several cases in Michigan in which the non-custodial parent is admitting to guilt in neglect/abuse cases and the courts are taking jurisdiction of the children from the custodial parent and enforcing the custodial parent to submit to service plans, counseling, etc. even when the custodial parent has not been found guilty of neglect/abuse as in my case. This professor is working to change this for families all over and get a ruling that will put an end to this corruption. He is drafting an Application to the Michigan Supreme Court and then the Supreme Court will decide whether they will look at the argument and hear the case. There is a 1-2% chance that they will consider the case which is very low. However, this professor believes that due to the interest in cases very similar to mine within the past year and a half that I have a good chance.
I am not sure where allowing my son to live with his father leaves me regarding the case in Allegan. There is another hearing in October. I continue to take one day at a time.
Friday, April 23, 2010
Saturday, March 13, 2010
Related Links
www.childrensrights.org
www.justicedenied.org
www.michigan.gov (Parent’s handbook)
www.laurenhager.com
www.jonathanturley.org (Middleville woman)
www.familyrightsassociation.com
www.parentsforchildren.net The FIA game
www.emmasmith.org
www.senatornancyschaefer.com
www.familyrights.us
www.socialsecurity.gov/OP_Home/ssact/title04/0473A.html
www.nccpr.org/reports/michiganinfo1976
www.citizensforparentalrights.org
www.fightcps.com
www.kidjacked.com
www.justicedenied.org
www.michigan.gov (Parent’s handbook)
www.laurenhager.com
www.jonathanturley.org (Middleville woman)
www.familyrightsassociation.com
www.parentsforchildren.net The FIA game
www.emmasmith.org
www.senatornancyschaefer.com
www.familyrights.us
www.socialsecurity.gov/OP_Home/ssact/title04/0473A.html
www.nccpr.org/reports/michiganinfo1976
www.citizensforparentalrights.org
www.fightcps.com
www.kidjacked.com
Related Links
www.childrensrights.org
www.justicedenied.org
www.michigan.gov (Parent’s handbook)
www.laurenhager.com
www.jonathanturley.org (Middleville woman)
www.familyrightsassociation.com
www.parentsforchildren.net The FIA game
www.emmasmith.org
www.senatornancyschaefer.com
www.familyrights.us
www.socialsecurity.gov/OP_Home/ssact/title04/0473A.html
www.nccpr.org/reports/michiganinfo1976
www.citizensforparentalrights.org
www.fightcps.com
www.kidjacked.com
www.justicedenied.org
www.michigan.gov (Parent’s handbook)
www.laurenhager.com
www.jonathanturley.org (Middleville woman)
www.familyrightsassociation.com
www.parentsforchildren.net The FIA game
www.emmasmith.org
www.senatornancyschaefer.com
www.familyrights.us
www.socialsecurity.gov/OP_Home/ssact/title04/0473A.html
www.nccpr.org/reports/michiganinfo1976
www.citizensforparentalrights.org
www.fightcps.com
www.kidjacked.com
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