Monday, December 06, 2010

How I lost legal custody

A reader asks whether I am allowed to see my kids.

I am currently operating under an order written by Palo Alto psychologist Ken Perlmutter, and signed by the acting juvenile delinqency court commissioner, Irwin Joseph, without any hearing. It terminated my joint legal custody, and reduced my visitation to four hours per month, professionally supervised by the court.

Perlmutter did a $26,000 evaluation, and did not find any abuse, neglect, drug use, or any other wrongdoing. He said that my kids love me, and want a relationship with me. He testified that the main reason for the restricted visitation was to prevent my kids from learning that my ex-wife had made unfounded charges of emotional abuse to CPS and the family court.

As far as I know, I am the only father in American history to lose joint legal custody like this. In the cases that I've heard about, fathers only lost joint legal custody if they voluntarily waived their rights, or they had unexplained absences from several consecutive court hearings, or they were convicted of a crime against their kids in either criminal court or juvenile dependency court. None of that has happened in my case. No professional has even accused me of doing any specific wrongdoing. Not even the court-appointed crooks like Perlmutter.

A reader asks, in the comments:
I didn't think that recommendations from a custody evaluation were signed into order without a hearing to review? Did you miss that hearing?
I did not think so either. I also did not think that a juvenile delinquency court commissioner had any authority over the matter. There was never a case in any juvenile court. The case is in family court. No, there was no hearing. I had to make a motion in the family court to ask for a hearing.
What was your timeshare like before the recommendations and new order?
Before the motion that resulted in the Perlmutter evaluation, I had 50-50 joint legal and physical custody of our two kids. During the evaluation, Perlmutter was supposed to make temporary recommendations, but he never did. So visitation was sporadic.

6 comments:

Anonymous said...

I didn't think that recommendations from a custody evaluation were signed into order without a hearing to review? Did you miss that hearing?

What was your timeshare like before the recommendations and new order?

Anonymous said...

Gee, thats harsh...unless you're lying, just face the facts that you are a bad parent and your kids are better off without you

Greg said...

Wow Angry Dad, "Anonymous"(3:57PM) almost sounds as if they are someone you know and or knows you for being so dam bold. Wouldnt you think. "unless you are lying" that is. wtf? (sarcastic- Face the facts, you are a liar, deadbeat and you are angry because you are a bad parent and your kids hate you,might as well kill yourself)
Im sorry Angrier Dad, that even insecure i hate the world idiots like that have nothing better to do than talk stupid instead of providing positive input, as if things arent bad already. I havnt seen my children in 4 mos. because of the Hayward Ala.Co.court cutting my visitation as well as thier mother is playing games and avoiding me purpously. I am willing to exchange thoughts and ideas with you if i can help in a POSITIVE direction. -g(Fremont)

George said...

I am not surprised if many people do not believe my story. Unless you have witnessed family court yourself, the story is not very believable. I tell it anyway, in case anyone can learn from it.

Anonymous said...

its funny how you all complain about losing your kids but seems like something had to have happened for them to be lost in the first place...i seriously doubt the court took them away for no reason...if anything, everybody should learn to not have kids unless you're prepared to deal with this possibility

Anonymous said...

George, I feel for you brother. I am right now going through a similar thing. A family court judge granted my ex-wife full legal custody of my son through the motion practice without a hearing. I fear the physical custody is next (50/50 now). You story is very believable. I would have been one of those who doubted your story prior to my new experiences with the court system.