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I have been getting a lot of emails from people asking me to provide
an update on how my case has been going, so here it is.
I’m going to try and explain things that have happened over the past
two years and things that are going on now; it gets confusing and
unbelievable at times. So were do I begin.
In October of 2008 I went to court again, this time we were going to try
and get the judge to appoint a Guardian Ad Litem (GAL) (which is
basically someone to speak on my child’s behalf and look out for her
rights) appointed for my daughter. Before we went into the court room
my attorney and their attorney had a few discussions in the lobby. After
these discussions their attorney felt it was best for her to withdraw
herself from the case (she quit).
The reason she quit was due to some information our attorney
presented to her right before the hearing that proved her clients were
lying. We proceeded with the hearing and their attorney asked to
recuse herself from the case. The judge granted her request and
ordered the mother and her husband obtain separate attorneys in 21
days. Well. They didn’t obtain attorneys; instead I received a call from
her husband in October 2008.
October 2008
I received the call on a Wednesday night during church services.
During the conversation he told me he wanted to end the fight. He said
Hailey deserved to be part of my life and be a part of my family’s life as
well. We agreed to meet the next night to discuss everything. After I
hung up the phone I couldn’t believe my court battle was about to be
over and I was getting closer to seeing Hailey. The next night my wife
and I met Hailey’s mothers Husband (who will be referred to as HMH) in
the Wal Mart parking lot. HMH said he was tired of fighting and he
wanted to do what was right for Hailey. HMH said Hailey deserved to
know her father and his family. Hailey’s mother wasn’t present at this
meeting and when questioned, HMH said she was ok with everything
and she would do whatever he told her.
At the end of the meeting we agreed that I would get standard visitation
and pay child support as well as pay ½ of all of the cost associated with
Hailey’s birth. Since HMH didn’t have an attorney my attorney would
have to prepare the agreement. I was on the phone the next day with
my attorney who had the documents ready within a day. I delivered
them to HMH and he said he would have his aunt’s attorney friend look
them over (the same attorney friend who is now representing him). I
was anticipating getting this done quickly so I could see Hailey for
Thanksgiving. Well after several meetings with HMH (Hailey’s mother
wasn’t present at any of these meetings) Thanksgiving had come and
gone and we were now approaching Christmas.
During this time my attorney was continuing with our court case and
scheduling the depositions of Hailey’s mother, her husband and her
boyfriend. These depositions were scheduled to take place on January
5th 2009.
As Christmas was approaching I was getting excited about seeing Hailey
but at the same time I had my doubts about the situation. The last
agreement was given to HMH before Thanksgiving and the next
communication between us took place January 2nd 2009. The
depositions were scheduled for January 5th and they still didn’t have an
attorney at that point.
January 2nd, 2009.
HMH called January 2nd to tell me he had his aunt’s attorney friend
looked over the agreement and they were going to sign the agreement
instead of going forward with the depositions.
January 5, 2009
On January 5th we met at the court reporters office to either do the
depositions or have the agreement signed. This was the first time
Hailey’s mother was present. At this point I would have signed anything
to see Hailey. Hailey’s mother and her husband pretty much had the
upper hand in the situation. If the agreement stated that every day at 2:
00 HMH could beat me with a 2x4 I would have signed it. On January
5th 2009 two agreements were signed. The first agreement
acknowledged me as Hailey’s legal, biological and natural father and My
Last name was added to her birth certificate and I would pay child
support and daycare and get standard visitation. The second
agreement stated I would reimburse Hailey’s mother for the costs
associated with Hailey’s birth. The agreement was signed and notarized
by all parties and HMH gladly accepted the first child support check.
I started seeing Hailey on a regular basis a week after the agreement
was signed as my agreement stated, every other weekend and every
Wednesday night. I soon learned HMH left Hailey’s mother; he took
their three kids and my daughter Hailey and moved them in with his
mother and he lived outside in his 15 foot travel trailer. He left Hailey’s
mother with no power and had the landlord serve her an eviction
notice. HMH was also refusing Hailey’s mother any visitation with any of
her kids. HMH left Hailey’s mother because she had a boyfriend (not
the same one mentioned above).
During the month of January 2009 I saw Hailey a total of 5 days
February 2009
I started having concerns for Hailey’s well being. She would come over
with boils on her bottom and extreme cases of diaper rash. Diaper rash
so red when I took her diaper off it looked like she still had on a pair of
bright red shorts. I received a call from my brother who told me he
received a call from HMH asking him where he could buy illegal drugs
but of course HMH said they weren’t for him, they were for a “friend”.
Because of the medical concerns and well being of Hailey, the fact that
HMH was keeping her away from her mother and his apparent drug use I
decided not to return her to HMH. If Hailey is not with her mother she
should be with her father; not her step-father. HMH hired an attorney
and filed a motion for pickup.
During the month of February Hailey was with me for 13 days
March 2009
We went to court for the hearing on the motion for pick up order filed by
HMH. Judge Selph placed Hailey in her mother’s custody. A day after
the hearing, she returned Hailey to me. HMH filed a motion to get the
first agreement thrown out of court. The motion was set for a hearing
on 6/23/09.
On March 8th 2009, Hailey was dedicated into my church.
Hailey’s mother and I agreed to meet at a lab for another DNA test. The
results showed that I was Hailey’s biological father (the same results as
the first one). Once the DNA results were received Hailey’s mother and
worked out an agreement between the two of us; 50/50 custody time
shared agreement and I agreed to pay child support, medical insurance
and full daycare cost. During the month of March, I would pick Hailey up,
take her to daycare; pick her up from day care and back home on her
mother’s weeks since she did not have transportation.
During the month of March Hailey was with me for 25 days.
April 2009
During the month of April, Hailey was with me for 19 days but I saw her
the entire month since I continued to pick her up every morning to take
her to daycare.
May 2009-July 2009
In May Hailey’s mother and new boyfriend had no where to live. Out of
concerns for the well being of Hailey during her mother’s week, I
decided to let her mother and boyfriend move into my home in a spare
room. During this time I continued to provide child support, I continued
to take her to daycare every morning and pick her up in the afternoon.
Hailey’s mother obtained an attorney and filed for divorce from her
husband. In her divorce proceeding, she stated that Hailey is not a
child of the marriage and that I am her biological and legal father.
On June 23rd, 2009 we went to court on the motion filed by HMH to have
the original agreement thrown out. Judge Selph listened to arguments
from both sides. Basically HMH stated he didn’t know what he was
signing and that he was coerced into signing the first agreement. The
Judge didn’t make a ruling on this issue right away. The judge did place
the agreement between me and Hailey’s mother into effect and the
judge also consolidated my paternity case with their divorce case.
Hailey’s mother’s boyfriend was arrested on June 22, 2009 and was
released on July 19, 2009. Hailey lived with me the entire time while her
mother stayed with various different people.
Hailey was with me full time during these three months 92 days
August 2009
Hailey’s mother came back to my house once her boyfriend was
released from jail. She stayed until 8/16/09 when her boyfriend was
arrested again. Hailey was with her mother one week out of the month
of August. When Hailey returned on 8/30/09 she had several small boils
on her bottom that were so painful she couldn’t even sit down. Hailey
said she wasn’t with her mother; she was with HMH.
We had Hailey’s 3rd birthday on August 30, 2009 at my house with all of
our family and friends.
She was with me 25 days during the month of August
September 2009
Hailey was with her mother only 9 days out of the month of September.
Hailey came back again with several small boils and one large one and
again she said she wasn’t with her mother she was with HMH.
She was with me 22 days during the month of September.
October 2009
Hailey’s mother stated she didn’t have anywhere to stay during October
and no way to pick her up, she also said she didn’t have money for
diapers or food.
I decided to file for temporary full custody of Hailey based on this
information.
A hearing was set on my motion for Temporary Custody for 12/4/09.
On 10/27/09 Judge Selph issued a written order dismissing the original
agreement we all signed on January 5, 2009.
Hailey was with me for 27 days in October
November 2009
Hailey’s mother was mad that I had filed for temporary custody. She
picked Hailey up from daycare on 11/3/09 and gave her to her husband.
My attorney filed a motion for a Guardian Ad Litem (GAL), court ordered
DNA testing and to resume visitation based on the agreement made
between Hailey’s mother and myself. This was all to be heard on 12/4/09.
I filed an appeal on Judge Selph’s order to dismiss the first agreement,
however decided to dismiss it since my case was still proceeding
forward.
December 2009
The hearing was held on 12/4/10 in front of Judge Selph. The judge
approved the Guardian Ad Litem and will approve the DNA test pending
the results of the Guardian Ad Litem which I was ordered to pay for.
However he denied my request to resume visitation and even sealed
the second DNA test. Judge Selph stated since he dismissed the first
agreement, I no longer have rights to my daughter I just spent the past
ten months with full time. . I paid child support, day care and provide
medical and life insurance for my daughter. This same Judge ordered
me as her father in January 2009 but now has taken Hailey away from not
only me; but from my other two children who have also developed a
loving relationship with their sister as well as my parents and Hailey’s
aunts and uncles.
In court on 12/04/09 my attorney, Mr. Peddy wanted to talk about the
best interest of my daughter and on several occasions the judge stated
he didn’t care about her best interest. He even said my daughter would
be better off with me and he knew that placing her with me was the right
thing to do but he just couldn’t make that decision because of the law
that states if a child is born into a marriage, the husband is the legal
father.
January 2010
In January 2010, my daughter’s mother gave birth to another child
fathered by yet another man. Keep in mind she is still married,
therefore her husband is also the legal father of this child. This child
was taken into state custody right after birth and the “legal father” has
yet to claim this child as his own like he has been doing with my
daughter. The new little baby girl is in state custody.
March 2010
The Guardian Ad Litem (GAL) was hired and started working on the case
in March 2010. He conducted interviews with me and my wife, the step-
dad and several impartial parties who have witnessed my relationship
with my daughter.
June 2010
In June 2010 the GAL prepared a written report on if ordering a DNA test
would be in the best interest of my daughter. He stated in the report
that based on his review of the case, interviews and my relationship I
have had with her since birth that a DNA test would be in her best
interest. The GAL stated that he didn’t doubt the step-father loved and
cared for her but he feels her best interest would be served to
continue her relationship with her father and it is her right to know her
father. The GAL stated that the step-father was not in an intact family
with the mother and that he feels the step-dad is keeping her out of my
life for the wrong reasons.
A hearing was scheduled for September 28, 2010 for the judge to order
the DNA test.
September 2010
On September 28, 2010 we had a hearing in front of Judge R. to review
the GAL report and order a DNA test. The GAL was present for the
hearing. The step-father’s attorney called his family members in as
witnesses to testify on his behalf. They both (who don’t even know me)
testified how my daughter is scared of me and doesn’t even mention me
anymore. The GAL refuted this testimony since he had already received
testimony from an impartial party who stated otherwise. The GAL did not
sway from his original decision and even brought up the fact that the
step-father is using this law to fight for my daughter and yet he is the
legal father of this other child born in January 2010 that remains in state
custody and he has made it known that he wants nothing to do with this
child and doesn’t plan on taking responsibility for her. After the two
hour hearing the Judge granted the DNA test.
Our next step is to wait for the Judges order, then we have 30 days to
perform the court ordered DNA test. After the results are received
another court date will be scheduled to determine the future outcome
of my case. In the mean time my daughter remains with her step-father .
It has been 345 days since I have seen my daughter.
an update on how my case has been going, so here it is.
I’m going to try and explain things that have happened over the past
two years and things that are going on now; it gets confusing and
unbelievable at times. So were do I begin.
In October of 2008 I went to court again, this time we were going to try
and get the judge to appoint a Guardian Ad Litem (GAL) (which is
basically someone to speak on my child’s behalf and look out for her
rights) appointed for my daughter. Before we went into the court room
my attorney and their attorney had a few discussions in the lobby. After
these discussions their attorney felt it was best for her to withdraw
herself from the case (she quit).
The reason she quit was due to some information our attorney
presented to her right before the hearing that proved her clients were
lying. We proceeded with the hearing and their attorney asked to
recuse herself from the case. The judge granted her request and
ordered the mother and her husband obtain separate attorneys in 21
days. Well. They didn’t obtain attorneys; instead I received a call from
her husband in October 2008.
October 2008
I received the call on a Wednesday night during church services.
During the conversation he told me he wanted to end the fight. He said
Hailey deserved to be part of my life and be a part of my family’s life as
well. We agreed to meet the next night to discuss everything. After I
hung up the phone I couldn’t believe my court battle was about to be
over and I was getting closer to seeing Hailey. The next night my wife
and I met Hailey’s mothers Husband (who will be referred to as HMH) in
the Wal Mart parking lot. HMH said he was tired of fighting and he
wanted to do what was right for Hailey. HMH said Hailey deserved to
know her father and his family. Hailey’s mother wasn’t present at this
meeting and when questioned, HMH said she was ok with everything
and she would do whatever he told her.
At the end of the meeting we agreed that I would get standard visitation
and pay child support as well as pay ½ of all of the cost associated with
Hailey’s birth. Since HMH didn’t have an attorney my attorney would
have to prepare the agreement. I was on the phone the next day with
my attorney who had the documents ready within a day. I delivered
them to HMH and he said he would have his aunt’s attorney friend look
them over (the same attorney friend who is now representing him). I
was anticipating getting this done quickly so I could see Hailey for
Thanksgiving. Well after several meetings with HMH (Hailey’s mother
wasn’t present at any of these meetings) Thanksgiving had come and
gone and we were now approaching Christmas.
During this time my attorney was continuing with our court case and
scheduling the depositions of Hailey’s mother, her husband and her
boyfriend. These depositions were scheduled to take place on January
5th 2009.
As Christmas was approaching I was getting excited about seeing Hailey
but at the same time I had my doubts about the situation. The last
agreement was given to HMH before Thanksgiving and the next
communication between us took place January 2nd 2009. The
depositions were scheduled for January 5th and they still didn’t have an
attorney at that point.
January 2nd, 2009.
HMH called January 2nd to tell me he had his aunt’s attorney friend
looked over the agreement and they were going to sign the agreement
instead of going forward with the depositions.
January 5, 2009
On January 5th we met at the court reporters office to either do the
depositions or have the agreement signed. This was the first time
Hailey’s mother was present. At this point I would have signed anything
to see Hailey. Hailey’s mother and her husband pretty much had the
upper hand in the situation. If the agreement stated that every day at 2:
00 HMH could beat me with a 2x4 I would have signed it. On January
5th 2009 two agreements were signed. The first agreement
acknowledged me as Hailey’s legal, biological and natural father and My
Last name was added to her birth certificate and I would pay child
support and daycare and get standard visitation. The second
agreement stated I would reimburse Hailey’s mother for the costs
associated with Hailey’s birth. The agreement was signed and notarized
by all parties and HMH gladly accepted the first child support check.
I started seeing Hailey on a regular basis a week after the agreement
was signed as my agreement stated, every other weekend and every
Wednesday night. I soon learned HMH left Hailey’s mother; he took
their three kids and my daughter Hailey and moved them in with his
mother and he lived outside in his 15 foot travel trailer. He left Hailey’s
mother with no power and had the landlord serve her an eviction
notice. HMH was also refusing Hailey’s mother any visitation with any of
her kids. HMH left Hailey’s mother because she had a boyfriend (not
the same one mentioned above).
During the month of January 2009 I saw Hailey a total of 5 days
February 2009
I started having concerns for Hailey’s well being. She would come over
with boils on her bottom and extreme cases of diaper rash. Diaper rash
so red when I took her diaper off it looked like she still had on a pair of
bright red shorts. I received a call from my brother who told me he
received a call from HMH asking him where he could buy illegal drugs
but of course HMH said they weren’t for him, they were for a “friend”.
Because of the medical concerns and well being of Hailey, the fact that
HMH was keeping her away from her mother and his apparent drug use I
decided not to return her to HMH. If Hailey is not with her mother she
should be with her father; not her step-father. HMH hired an attorney
and filed a motion for pickup.
During the month of February Hailey was with me for 13 days
March 2009
We went to court for the hearing on the motion for pick up order filed by
HMH. Judge Selph placed Hailey in her mother’s custody. A day after
the hearing, she returned Hailey to me. HMH filed a motion to get the
first agreement thrown out of court. The motion was set for a hearing
on 6/23/09.
On March 8th 2009, Hailey was dedicated into my church.
Hailey’s mother and I agreed to meet at a lab for another DNA test. The
results showed that I was Hailey’s biological father (the same results as
the first one). Once the DNA results were received Hailey’s mother and
worked out an agreement between the two of us; 50/50 custody time
shared agreement and I agreed to pay child support, medical insurance
and full daycare cost. During the month of March, I would pick Hailey up,
take her to daycare; pick her up from day care and back home on her
mother’s weeks since she did not have transportation.
During the month of March Hailey was with me for 25 days.
April 2009
During the month of April, Hailey was with me for 19 days but I saw her
the entire month since I continued to pick her up every morning to take
her to daycare.
May 2009-July 2009
In May Hailey’s mother and new boyfriend had no where to live. Out of
concerns for the well being of Hailey during her mother’s week, I
decided to let her mother and boyfriend move into my home in a spare
room. During this time I continued to provide child support, I continued
to take her to daycare every morning and pick her up in the afternoon.
Hailey’s mother obtained an attorney and filed for divorce from her
husband. In her divorce proceeding, she stated that Hailey is not a
child of the marriage and that I am her biological and legal father.
On June 23rd, 2009 we went to court on the motion filed by HMH to have
the original agreement thrown out. Judge Selph listened to arguments
from both sides. Basically HMH stated he didn’t know what he was
signing and that he was coerced into signing the first agreement. The
Judge didn’t make a ruling on this issue right away. The judge did place
the agreement between me and Hailey’s mother into effect and the
judge also consolidated my paternity case with their divorce case.
Hailey’s mother’s boyfriend was arrested on June 22, 2009 and was
released on July 19, 2009. Hailey lived with me the entire time while her
mother stayed with various different people.
Hailey was with me full time during these three months 92 days
August 2009
Hailey’s mother came back to my house once her boyfriend was
released from jail. She stayed until 8/16/09 when her boyfriend was
arrested again. Hailey was with her mother one week out of the month
of August. When Hailey returned on 8/30/09 she had several small boils
on her bottom that were so painful she couldn’t even sit down. Hailey
said she wasn’t with her mother; she was with HMH.
We had Hailey’s 3rd birthday on August 30, 2009 at my house with all of
our family and friends.
She was with me 25 days during the month of August
September 2009
Hailey was with her mother only 9 days out of the month of September.
Hailey came back again with several small boils and one large one and
again she said she wasn’t with her mother she was with HMH.
She was with me 22 days during the month of September.
October 2009
Hailey’s mother stated she didn’t have anywhere to stay during October
and no way to pick her up, she also said she didn’t have money for
diapers or food.
I decided to file for temporary full custody of Hailey based on this
information.
A hearing was set on my motion for Temporary Custody for 12/4/09.
On 10/27/09 Judge Selph issued a written order dismissing the original
agreement we all signed on January 5, 2009.
Hailey was with me for 27 days in October
November 2009
Hailey’s mother was mad that I had filed for temporary custody. She
picked Hailey up from daycare on 11/3/09 and gave her to her husband.
My attorney filed a motion for a Guardian Ad Litem (GAL), court ordered
DNA testing and to resume visitation based on the agreement made
between Hailey’s mother and myself. This was all to be heard on 12/4/09.
I filed an appeal on Judge Selph’s order to dismiss the first agreement,
however decided to dismiss it since my case was still proceeding
forward.
December 2009
The hearing was held on 12/4/10 in front of Judge Selph. The judge
approved the Guardian Ad Litem and will approve the DNA test pending
the results of the Guardian Ad Litem which I was ordered to pay for.
However he denied my request to resume visitation and even sealed
the second DNA test. Judge Selph stated since he dismissed the first
agreement, I no longer have rights to my daughter I just spent the past
ten months with full time. . I paid child support, day care and provide
medical and life insurance for my daughter. This same Judge ordered
me as her father in January 2009 but now has taken Hailey away from not
only me; but from my other two children who have also developed a
loving relationship with their sister as well as my parents and Hailey’s
aunts and uncles.
In court on 12/04/09 my attorney, Mr. Peddy wanted to talk about the
best interest of my daughter and on several occasions the judge stated
he didn’t care about her best interest. He even said my daughter would
be better off with me and he knew that placing her with me was the right
thing to do but he just couldn’t make that decision because of the law
that states if a child is born into a marriage, the husband is the legal
father.
January 2010
In January 2010, my daughter’s mother gave birth to another child
fathered by yet another man. Keep in mind she is still married,
therefore her husband is also the legal father of this child. This child
was taken into state custody right after birth and the “legal father” has
yet to claim this child as his own like he has been doing with my
daughter. The new little baby girl is in state custody.
March 2010
The Guardian Ad Litem (GAL) was hired and started working on the case
in March 2010. He conducted interviews with me and my wife, the step-
dad and several impartial parties who have witnessed my relationship
with my daughter.
June 2010
In June 2010 the GAL prepared a written report on if ordering a DNA test
would be in the best interest of my daughter. He stated in the report
that based on his review of the case, interviews and my relationship I
have had with her since birth that a DNA test would be in her best
interest. The GAL stated that he didn’t doubt the step-father loved and
cared for her but he feels her best interest would be served to
continue her relationship with her father and it is her right to know her
father. The GAL stated that the step-father was not in an intact family
with the mother and that he feels the step-dad is keeping her out of my
life for the wrong reasons.
A hearing was scheduled for September 28, 2010 for the judge to order
the DNA test.
September 2010
On September 28, 2010 we had a hearing in front of Judge R. to review
the GAL report and order a DNA test. The GAL was present for the
hearing. The step-father’s attorney called his family members in as
witnesses to testify on his behalf. They both (who don’t even know me)
testified how my daughter is scared of me and doesn’t even mention me
anymore. The GAL refuted this testimony since he had already received
testimony from an impartial party who stated otherwise. The GAL did not
sway from his original decision and even brought up the fact that the
step-father is using this law to fight for my daughter and yet he is the
legal father of this other child born in January 2010 that remains in state
custody and he has made it known that he wants nothing to do with this
child and doesn’t plan on taking responsibility for her. After the two
hour hearing the Judge granted the DNA test.
Our next step is to wait for the Judges order, then we have 30 days to
perform the court ordered DNA test. After the results are received
another court date will be scheduled to determine the future outcome
of my case. In the mean time my daughter remains with her step-father .
It has been 345 days since I have seen my daughter.