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Old 14-04-2009, 20:02   #1
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Don't Tell Anyone You Want to Raise Your Child on a Boat !

My life really sucks right now. I wish I could get a good civil rights attorney to call me.

Most of you know that I've raised my daughter all by myself since she was 9 months old. Now, 15 years later without any accusation of abuse and neglect at all what so ever I lost custody of my daughter to a third party, (a third party means someone other than the natural parents of the child).

Their accusation was that I think irrationally and their only example was that I want to live on a boat. Their other argument was that they live in a better neighborhood, she'd go to a better school and her husband has a better job and can provide better for my child.

The final hearing was on March 12th. The judge closed the hearing saying that he would review the evidence and my written argument and get back to us. As of yet he hasn't reached a decision.

I've never been hurt so bad in my life.

Now the bottom line is DON'T TELL ANYONE!

And in the mean time please pray.
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Old 14-04-2009, 20:06   #2
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I am sorry to hear that you are going through a tough time.

Without knowing all the specifics, I can not comment, other than to tell you that we will be hoping for the best for you and your daughter.
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Old 14-04-2009, 20:27   #3
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I'm a poli sci that has worked in the divorce industry for 26 years. There are 15 maybe 20 Federal Court Decisions that says the Government can not take a child away from a parent without finding that parent guilty of abuse and neglect without violating that parent's constitutional rights under the 1st, (5th or 6th I'll have to check), 9th, and 14th amendments.

I guess that's why I am so up-set..... They just aren't allowed to do this, yet they are. And why I'd love to talk to a civil rights attorney so I can understand how they can get by with it.

And if you're a civil rights attorney please PM me.
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Old 14-04-2009, 20:32   #4
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You have my prayers and sympathy.

The gummint seems to respond to the people with more money and time than sense.

The more gummint we get, the more we're dictated to by bureaucrats such as the ones at the DMV.

Pay attention tomorrow to the TEA Parties in the USA.

Steve B.
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Old 14-04-2009, 20:39   #5
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Wow, I really hope you and your daughter get to stay together. I will PM you with some info that may be helpful.
All the best...
(Schoonerdog's wife)
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Old 15-04-2009, 00:55   #6
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Can only imagine how you are feeling.

We're thinking of you down here


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Old 15-04-2009, 03:40   #7
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Damn - that's tough, all the best.

FWIW we were abused by other parents and school authorities when we took ours out of school to go cruising. 15 years later and the older one is ready to graduate from Auckland University this year with a double major in Spanish and English with straight A's, she's 19.
The baby is in her 2nd year of high school and has been top academic student in her year since we got back (14).
We told people we home schooled them, but that was mostly just to shut them up, we did nothing but spend time with them and read to them and go cruising.
Only way to raise kids IMHO.
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Old 15-04-2009, 04:27   #8
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Generally, the natural parent(s) will have a presumptive right to custody. Only in cases where the parents are found to be unfit, or there are exceptional circumstances, will third parties be granted custody.

In West Virginia, the court may award child custody and decision-making responsibility to either or both parents. The award is based upon the best interest of the child. There is a preference for frequent and continuing contact with parents who have shown the ability to act in the best interest of their child. Also, there is a presumption in favour of the parent who has been the primary caretaker of the child prior to divorce. A noncustodial parent is usually granted visitation rights.

Should the decision go against you, I would consult a Family/Divorce specialist, rather than a Constitutional/Civil Rights practitioner

Lawyers practising Family (divorce) Law in West Virginia:
http://www.martindale.com/Results.aspx

See also:

CHAPTER 48C. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT.

West Virginia Code

West Virginia Child Custody and Support Guidelines:
Child Custody and Support - West Virginia Child Custody and Support Guidelines

Child Custody and Visitation Law
48-9-102. Objectives; best interests of the child.
(a) The primary objective of this article is to serve the child's best interests, by facilitating:
(1) Stability of the child;
(2) Parental planning and agreement about the child's custodial arrangements and upbringing;
(3) Continuity of existing parent-child attachments;
(4) Meaningful contact between a child and each parent;
(5) Caretaking relationships by adults who love the child, know how to provide for the child's needs, and who place a high priority on doing so;
(6) Security from exposure to physical or emotional harm; and
(7) Expeditious, predictable decision-making and avoidance of prolonged uncertainty respecting arrangements for the child's care and control.
(b) A secondary objective of article is to achieve fairness between the parents.

Good luck!
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Old 15-04-2009, 11:37   #9
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Gord I could talk law all day with you.
I'm the guy that wrote Chapter 48.
Chapter 48C was repealed and no longer exsist.

Wgere did you find this quote?
Generally, the natural parent(s) will have a presumptive right to custody. Only in cases where the parents are found to be unfit, or there are exceptional circumstances, will third parties be granted custody.

I did talk to several Family Law Attoerneys. They say the judge will do what ever the guardian-ad-litum recomends.

There is a lot to all this and trust me when I say there is a hugh civil rights issue involved. And most of it is just way to personal to post here.

I will add that two of the judges that weren't even assigned my case discussed before there was even a petition filed. These were two of the judges that my dad's group has been going after for about 10 years in hopes to get them out of office.

To me these judges are just going after the father's rights guy in the most personal way ever.

The law they're doing this under has went to the state supreme court here in WV and was upheld.

It has never been to the federal courts. The federal courts refuse to hear custody apeals unless it is a civil rights violation. There have been about 15 civil rights cases that went to federal court and was overturned due to civil rights. Civil rights attorneys tell me to hire a family law attorney, but most family law attorneys don't know a lot about civil rights and have never been to federal court

I did not hire a family law attorney to represent me in this because all of the family law attorneys I spoke with told me to save my money that this judge was going to do whatever the guardian-ad-litum recommended, Also, remember I do attorney referal and know most of them.


J.S. and C., 324 A 2d 90; supra 129 NJ Super, at 489A parent's right to care and companionship of his or her children are so fundamental, as to be guaranteed protection under the First, Ninth, and Fourteenth Amendments of the United States Constitution.


The forced separation of parent from child, even for a short time (in this case 18 hours); represent a serious infringement upon the rights of both. J.B. v. Washington County (10th Cir. 1997)
Absent extraordinary circumstances, a parent has a liberty interest in familial association and privacy that cannot be violated without adequate pre-deprivation procedures. Malik v. Arapahoe Cty. Dept. of Social Services (10 Cir. 1999)


Parent interest is of “the highest order,” and the court recognizes “the vital importance of curbing overzealous suspicion and intervention on the part of health care professionals and government officials.” Thomason v. Scan Volunteer Services, Inc. (8th Cir. 1996)
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Old 15-04-2009, 12:29   #10
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How is it that you live on a boat in Charlestown, WV? Is there a lake or something there? Just wondering.
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Old 15-04-2009, 12:37   #11
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DD,

That's a tough one. When I was seperated we shared custody of our son. He was in the hospital getting attention, and the ex came from 2k miles away, and kidnapped him from the hospital. I know that empty feeling....BEST WISHES in overcoming this ridiculous situation.......i2f
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Old 15-04-2009, 13:16   #12
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Imagine,
It wasn't my daughter's mother that the court gave her too. That would have been more understandable if that had happened.

Also, I don't even own a boat yet, it was still in the planning stages.
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Old 15-04-2009, 13:20   #13
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Sam,
I live by the Kanawha River which runs into the Ohio. Also, I don't currently live on a boat. My daughter and I have planned, (for 6 years), on purchasing a boat to live on this year while she finishes her last two years of high school. I was going to bring it here to WV so she wouldn't have had to change schools.

I was going to spend the two years getting it ready to cruise and after she graduated we were going to spend a year cruising before she went off to college.
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Old 15-04-2009, 14:51   #14
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I was referring to the fact that she is gone. I understood exactly what you meant, and how that empty feeling feels. BEST WISHES in resolving it in a timely fashion.....i2f
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Old 15-04-2009, 15:18   #15
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Quote:
Originally Posted by imagine2frolic View Post
I was referring to the fact that she is gone. I understood exactly what you meant, and how that empty feeling feels. BEST WISHES in resolving it in a timely fashion.....i2f
One minute I'm so angry over all this and the next I just want to cry. We've always been so close. If I come across as rude to anyone please forgive me. I'm not handling this very well.

Also, if I haven't said it, I thank everyone whose posted here. It means a lot just to know someone cares.
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