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HABITUAL PEDOPHILE seeks custody – mother battles needs help ! Gary001 November 20, 2008 01:59 pm
Case: Divorce and Child Custody

Critical background:
Father: after pregnancy and marriage mother discovered father was a habitual, registered child sexual predator convicted of assaulting two different children, one was his own preteen daughter. Father chooses to work SOMETIMES in construction as a painter, but refuses to take any job that will not pay him “under the table”. Father is by choice, chronically underemployed/unemployed.

Local lawyers would not touch the case, would not represent the mother or child.

Mother has no history of problems with the law nor issues with children, she is a good mother struggling to overcome her poverty and under-education and make herself into a capable provider for her child. She has overcome a poor and short high school education from which she dropped out under her own family pressures. She has gained her high school equivalence, began courses at a State University, took a leave to attend to her little son’s welfare, and then enrolled in Steven’s – Henager College recently graduating with a BS in Business Administration/Management with above a 3.0. DESPITE fighting a divorce and child custody action – without a lawyer - during three quarters of her college education! Mother has just been accepted into a different university’s Master’s Degree program in Business.

The child: is a nine year old, intelligent, mild mannered, courteous young man who is excelling in scholastics now that he is away from the father. In fact, now that the young man holds no more fears that his father will cause trouble, the child has been tested and found to be of advanced intelligence and is doing exceedingly well in specialized advanced education. His mother has just been informed that her 9 yo son has been invited to test for two of our nation’s most prestigious advanced education programs toward “full ride” scholarship education through university level.

The court, through a series of unbelievable oversights of due process rights, evidence and record, wishes to award JOINT custody – legal and parental to the mother – with UNSUPERVISED visitation to the child predator despite existing open investigations, and state law baring both the joint custody and the unsupervised visitation by the habitual child predator.

Mother’s Appeal actions have stayed all custody and visitation of the pedophile father.

ANY custody or visitation interface with the father will destroy the son and squash the child’s emerging intellect and self-confidence.

CURRENT: though court order stands unstayed, father has failed to provide child support and has four times placed his child in imminent danger of eviction from the HUD sponsored affordable housing which is the lowest cost housing in the area. Resources for adequate food for the mother and the child are a recurring and severe problem. The father has had no interface with his son in over a year, not even birthday or Christmas cards, no telephone contact, no letters, no attempts to visit with the child directly or through third person/process avenues. State law cites this as felony abandonment.

The court clerk refuses to accept filing of Complaint of Contempt of Court charges by the mother, stating that when her Appeal was accepted in the State Supreme Court, the District Court case was closed – though law and court rules state it was stayed – as open – except for any maintenance actions such as Complaint of Contempt. The State Supreme Court has ruled that it does not hold jurisdiction to hear the contempt complaint because the District Court holds jurisdiction over the Contempt issue and can hear it even though the Appeal continues on other issues. Neither court will accept the contempt complaint nor order the other to hear the case.
State Health & Welfare Child support enforcement has gained court order revoking all of the father’s licenses for failure to pay child support. Official record evidence of the abandonment does exist.

How does the mother get the Complaint of Contempt of Court Order on the child support and abandonment issues into court?

Is this a matter of filing differently to get the complaint accepted as a continuation of the divorce/custody case so that it is re-opened in the district court?

Is this a matter that has to be filed as a new complaint, a new action?

Is this now a matter that the District Court has refused to accept and can somehow be moved to be heard in the State Supreme Court? Under the existing appeal on procedural issues? Under separate complaint and case?

Is any attorney reviewing these questions interested in representing/assisting this struggling mother in the defense of her minor child and both their civil rights?

Or must this dedicated mother and promising, gifted child be dragged down into permanent failure and poverty by the father who has flushed himself down the sewer and a State that cannot see their own judicial errors?







   

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