I. Cannot. Sleep.
For five years I've been involved in litigation around my youngest child. It has dragged on, and on, and on. What started when she was 3....is now affecting our life when she's nearly 9.
I'm tired.
My daughter is in her fourth year of school here, where she lives, with me- and where she has been for four, going on five years, now.
Her father has kidnapped her, three times.
Her father has lied to her, to the courts, to himself.
Her father fled this state, for another, and filed for custody there- against the law- and by lying.
There is a little something, called the Uniform Child Custody Jurisdiction Enforcement Act, or UCCJEA.
What it means is, that a child has a "Home State". The "Home State" makes the rules.
My daughter's HOME STATE- by a signed custody agreement in 2004, by SIX judges, is and has been- Colorado.
Colorado, evidently, doesn't have the balls to enforce it.
Colorado, evidently- is fine with another state taking it's children- children of Colorado residents- just because.
Colorado is fine, with that other state (which by the way, wrote a law that had people from all over the country driving for thousands of miles to DUMP OFF THEIR CHILDREN because the state had such poor wording, poor understanding and POOR FAMILY LAW) taking a child from her mother- due to lies.
To put it in simple terms-
...this liar....
....this unfit custodian.....
....keep your precious 'something'. Worse yet- they will destroy your 'something' by letting it go where you can't see it, touch it, or interact with it- and where your 'something' will be poorly cared for.
Angry yet? Upset? Might lose some sleep? Yeah. I thought so.
Her father has visited her once, in 30 months.
One vist, for less than 2 hours- in over 2 years.
Before that visit, two visits in 20 months.
That's. It.
4 hours- in over 3 years. I've been there for every second of her 8 years. Oh, and the 9 months prior.
Her father hasn't paid child support in 4 years. He wasn't there when she was born.
Her father ignores her birthdays, holidays- anything and everything.
Yet- he claims he is the better parent- and wants custody.
His paperwork- his orders- his assertion.............eviscerates me.
I have no visitation. I have no rights. I have no contact. I have no say.
I have been there, her mother. Every. Day.
I have been there for upset tummies, sore throats, parent-teacher conferences, rainy days, sunny days, soccer practice, games she won, games she lost. I have been there for play dates, sleepovers, ice cream, encouraging her to eat her vegetables, and learning ABC's. I have been there for nightmares, silly stories, days off from school, and dress-up giggles. I have been there for the first word, the first bad word, the first hard questions. I have been there for tears and laughter and quiet and calm and jumpy and bouncy and running and swinging.
He. Has. Not.
I am deeply troubled by this.
I am very troubled that CO might let an 8 year old girl leave her two-parent home, to go to a single father who can barely support himself, has a history of mental illness, and grew up in a violent, abusive and alcoholic home- and has shown he will not care for, nor respect the primary needs of the child....only his own wants and needs. I'm sick that such a situation exists, and has gone on for FIVE YEARS.
I have the second highest court in the state's decision. I am 100% right, but unless he admits he's wrong, and the other state admits they're wrong- my daughter could be taken from the only home she's ever known- and be sent to what I feel is an unfit, and very damaging situation.
I am very tired of the FT job of being my own lawyer, by myself- as I have spent over $10,000 fighting this.
I have been right for five years- yet....I can't get this to stop.
It's like a child is on a merry-go-round and she's sick. She's throwing up. She's screaming.
I, as her mother, want to get off this spinning nightmare- calm her, clean her up, get her to feel better.
Her father wants it to spin faster, so that I lose my grip.
Nevermind what it does to her- he isn't interested in that. He has to win.
The Courts- which should be working to help her- foremost- are more concerned with protocols and not the child.
I. am. tired.
But, I can't sleep.
(sigh)
For five years I've been involved in litigation around my youngest child. It has dragged on, and on, and on. What started when she was 3....is now affecting our life when she's nearly 9.
I'm tired.
In a nutshell: another state is telling me they are going to take my daughter. A state she's never lived in. A state she has no ties to. A state she's not attended school in, has no home in- and has not set foot in, in over 3 years.
My daughter is in her fourth year of school here, where she lives, with me- and where she has been for four, going on five years, now.
Her father has kidnapped her, three times.
Her father has lied to her, to the courts, to himself.
Her father fled this state, for another, and filed for custody there- against the law- and by lying.
There is a little something, called the Uniform Child Custody Jurisdiction Enforcement Act, or UCCJEA.
What it means is, that a child has a "Home State". The "Home State" makes the rules.
My daughter's HOME STATE- by a signed custody agreement in 2004, by SIX judges, is and has been- Colorado.
Colorado, evidently, doesn't have the balls to enforce it.
Colorado, evidently- is fine with another state taking it's children- children of Colorado residents- just because.
Colorado is fine, with that other state (which by the way, wrote a law that had people from all over the country driving for thousands of miles to DUMP OFF THEIR CHILDREN because the state had such poor wording, poor understanding and POOR FAMILY LAW) taking a child from her mother- due to lies.
To put it in simple terms-
- You and a friend jointly own or have 'something'.
- You and the friend agree the 'something' belongs in one place, in one home, and you may both access it, in that agreed place.
- Your friend- behind your back, takes the 'something' and runs with it. Far away.
- The 'something' is now not where you agreed- and your former 'friend' now refuses to let you see it, have access to it, or to return it.
- You- have a contract. A signed, binding, legal, notarized, contract that the 'something' stays in the agreed place and that all discussions and issues about the 'something' have to happen in that agreed place.
- You- have been asking for the 'something' to be returned.
- The other party- has refused, lied, and hidden the 'something' to avoid being caught.
- You- pursued the matter to the authorities, retrieved the 'something' and now have fought for five years to prove that the 'something' should be in the agreed place- and due to the other party being dishonest and trying to damage/steal the 'something', you should now be in charge of the 'something.'
- The authorities said You were right, the other party is wrong. Five times, they said you were right.
- However, if the other party won't ADMIT they're wrong- the authorities you have, that you have to respect and obey- that are there to protect the rights, interests and needs of the 'something'- as well as You, for being in the right- refuse to enforce you being right- and will let the other party.....
...this liar....
....this unfit custodian.....
....keep your precious 'something'. Worse yet- they will destroy your 'something' by letting it go where you can't see it, touch it, or interact with it- and where your 'something' will be poorly cared for.
Angry yet? Upset? Might lose some sleep? Yeah. I thought so.
Her father has visited her once, in 30 months.
One vist, for less than 2 hours- in over 2 years.
Before that visit, two visits in 20 months.
That's. It.
4 hours- in over 3 years. I've been there for every second of her 8 years. Oh, and the 9 months prior.
Her father hasn't paid child support in 4 years. He wasn't there when she was born.
Her father ignores her birthdays, holidays- anything and everything.
Yet- he claims he is the better parent- and wants custody.
His paperwork- his orders- his assertion.............eviscerates me.
I have no visitation. I have no rights. I have no contact. I have no say.
I have been there for upset tummies, sore throats, parent-teacher conferences, rainy days, sunny days, soccer practice, games she won, games she lost. I have been there for play dates, sleepovers, ice cream, encouraging her to eat her vegetables, and learning ABC's. I have been there for nightmares, silly stories, days off from school, and dress-up giggles. I have been there for the first word, the first bad word, the first hard questions. I have been there for tears and laughter and quiet and calm and jumpy and bouncy and running and swinging.
He. Has. Not.
I am deeply troubled by this.
I am very troubled that CO might let an 8 year old girl leave her two-parent home, to go to a single father who can barely support himself, has a history of mental illness, and grew up in a violent, abusive and alcoholic home- and has shown he will not care for, nor respect the primary needs of the child....only his own wants and needs. I'm sick that such a situation exists, and has gone on for FIVE YEARS.
I have the second highest court in the state's decision. I am 100% right, but unless he admits he's wrong, and the other state admits they're wrong- my daughter could be taken from the only home she's ever known- and be sent to what I feel is an unfit, and very damaging situation.
I am very tired of the FT job of being my own lawyer, by myself- as I have spent over $10,000 fighting this.
I have been right for five years- yet....I can't get this to stop.
It's like a child is on a merry-go-round and she's sick. She's throwing up. She's screaming.
I, as her mother, want to get off this spinning nightmare- calm her, clean her up, get her to feel better.
Her father wants it to spin faster, so that I lose my grip.
Nevermind what it does to her- he isn't interested in that. He has to win.
The Courts- which should be working to help her- foremost- are more concerned with protocols and not the child.
I. am. tired.
But, I can't sleep.
(sigh)
October 25, 2009 9:15 AM
As an explination, Colorado says that since Jurisdiction and Home State were mentioned (not debated or prooven) in the NE court; Colorado has to assume that everything following that was just.They therefore must bow to their judgement. CO has to accept NE no matter how bad and onesided and incorrect they are due to the assumption that all courts are created and act equally.
My wife was not allowed to participate fairly and has been treated with contempt by the court. (yes there is a big verifiable list)
She has pleaded for years to let this go to no avail. Now we have to have a Judge here plead to the Judge there for the same exact thing, with the same arguments and the same strength. Now the whole thing is up to whether or not a judge wants to admit they have been wrong all along. Fat Chance
This fight isn't over...
I love my girls. I want my girls. I do everything for my girls. But in this, I have no say, no strength, no ability, no words and no effect. I have to sit and watch and wait.
Mr. Lurch