Family Court: Are We There Yet? Father Vindicated After 9 Years
Equal shared parenting!
Are we there yet?
Numerous groups with parents and professional are advocating for custody outcomes supporting the parent-child relationship. Have we made an impact?
There are many challenging stories to share about family court experiences. And, there are positive stories indicating how judges are evaluating cases and making rulings in the best interest of the child.
We should be mindful our actions are helping. We have a voice. Change is happening!
Here is a scenario in Orange, California, revealing that yes, we are making a difference:
Location: |
The Superior Court of California, County of Orange, Lamauroux Justice Center. Orange, California. |
Presiding Judge: |
Hon. Lon F. Hurwitz |
Parent vs Parent: |
10 year-old child |
At this hearing, both parents requested full legal and physical custody of their 10-year-old child. References by the judge and attorneys indicated the minor child has medical issues involving frequent hospitalizations.
This divorce and custody case began when their child was an infant at which time the mom accused the dad of sexual abuse. After several months of investigation (unfounded) and monitored visitation, he was able to enjoy several week-long visits with their child at his residence in New York for several years.
On the day of court, the results of the psychological evaluation were discussed. Attorney for mom stated the psychological evaluation was done the same day their daughter was released from a 3-day hospitalization and, the results should take this into consideration. Her attorney requested a second psychological evaluation be done when mom was ‘rested and clear-headed.’ The opposing attorney and judge did not accommodate the request.
Results form the psychological assessment for mom indicated emotional issues. Mom was deemed unable to care for their child full time. As a side note, mom had devoted her life to this child. Seemingly, having a chronically ill child is a role she readily accepted. Reports stated mom did everything for their child. Notably, the opposing attorney referenced their daughter may have a higher level of functioning in the right environment (with higher expectations).
Ruling
Surprisingly, legal and physical custody was granted to the father. Mother was ordered to seek therapy and allowed one ten-minute supervised phone call per week. Progress of therapy would determine a modification in visitation for mom. A hearing was set for four months out.
Furthermore, the judge acknowledged that the case has been ongoing for over nine years, with each parent stating the same story for the entire time. The judge recognized how mom believes “with every fiber of her being” dad sexually abused their child. The judge stated, “I no longer believes this accusation” and exonerated the father of all accusations.
This father was weeping openly in the courtroom. While sitting at the table, he bent over, face in his hands, head in his lap, and began sobbing. Both parents, their attorneys, and several people in the courtroom seemed stunned by the ruling.
Mom must have been waiting for her case to be called, was distracted and left her purse on a bench at the back of the courtroom during her hearing. Mom took her purse and returned to the table before the judge appearing shell-shocked.
Note
This speaks to the need for equal shared parenting. The ruling may seem extreme. This type of case is uncommon. We must be mindful this father had little contact with his child during the 9 years of the ongoing court case due to the accusations. Father resided in New York and traveled to California for hearings conducted 2-3 times per year for 9 years.
Thank you Honorable Lon F. Hurwitz for your efforts in this challenging case.
END
Do you know of a family court case where the judge ruled in the best interest of the child? Please send to: RuthNichols@SharedParentingInfo.com
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