July 12, 2006

  • 11:00 AM - Robert calls into the court house in NY.


    Magistrate: Please stand by while Brittani brings her lawyer up to date on the case.


    Robert: Yes sir.


    taptaptaptaptaptaptaptaptaptaptaptaptaptaptaptaptap


    Judge: Mr. Foltz, do you deny paternity of Destiny B.?


    Robert: No sir. She is definitely mine.


    Judge: Have you had a court approved paternity test conducted?


    Robert's lawyer: SILENCE. NOTHING. NOT ONE WORD.


    Me (silently, of course): What the &*^%#$? Are these people all incompetent?


    Me (whispering to Robert): Tell them that your lawyer has the results, that this has already been entered in and verified.


    After Robert repeated my words, we waited while papers shuffled. And then the lawyer spoke, but it wasn't Robert's lawyer. It was someone that he had sent to stand in for him, someone who had not been briefed at all. "I do have that form your honor."


    ____________________________________________


    Robert is now officially listed as Destiny's father, and his name will appear on the birth certificate.


    Robert was asked to verify his income, and was told that he was to immediately start paying child support.


    Robert: To whom to I send the checks, your honor?


    Judge: Does someone other than the mother currently have custody?


    Me (again silently questioning the competence of this group): Do they not have the information from the last court date? Or the information about Destiny being removed from her mother's custody because of neglect and abuse?


    ___________________________________________


    I couldn't make this stuff up guys, and it gets better.


    ___________________________________________


    Robert (because the lawyers are still silent): To the best of my knowledge, the maternal grandmother has custody of Destiny and has for about a year.


    Judge (to Brittani): Is this the case?


    Brittani: Yes.


    Judge: Where is the grandmother?


    Me (whispering to Robert): Isn't this the same judge that told her she didn't have to be here this time?


    Robert: yep.


    UUUUUUUUUUUuuuuuuuuuuuuuuuuuuuuuuuuuuuuugh ......................


    Now we must wait until the 31st of July (when Kim can be in court, as well).


    All that was accomplished today was slapping Robert with child support payments that he has to put in an account until the judge can figure out to whom they should be sent.


    When Robert said that he was attempting to get full custody, the judge said, "That isn't relevant here. Discuss that with your lawyer."


    WE THOUGHT WE DID. It would help if HE showed up to court instead of his flunky!


    Can one young man's life really hit this many snags? Can one mom really handle watching her son being beat down time and time again? Can both of them and those they love continue to smile and try to pick out the positive in doing things by the book?


    I just want to cry.

Comments (15)

  • This is a terrible waste of time, money, effort. Is there any way you can either demand your lawyer shape up, or find someone who is competent? I can almost hear Destiny's mother already scheming for the child support... oh, dear. One important thing in your favour, Tammy: dogged determination. xo

  • How terrible that every step of the way there are these problems! It's a shame Robert's lawyer doesn't consider this an important matter.

    Seems like these wheels of justice are going backward. I hope that the lawyer shows up at the next hearing.

  • Hang in there, and don't give up hope.  Look how far you have all come already: Robert is home and he does get to see the baby at least some of the time.  It WILL all come together in God's time.

    And if I sound too 'Pollyanna' about this....my own daughter is a gift through adoption, and she came to me after twenty YEARS of praying for just one child.  She did not come in my time, but in God's time, and when she came, I had wanted her so long that I knew I would never take the gift she is for granted. 

    Nor will Robert.  The day will come when the courts will rule that 'it is in the best interests of this child....' and she will be given to him.  And in the meantime you are creating a record for Destiny to KNOW when she looks at it, this is how much Daddy wanted her and how hard you all fought to help make this happen.

    It WILL happen.  I believe that with everything in my heart.  And I will continue to pray for all of you.:fl02:

  • :hug:

    i have to agree with those above me... keep up the good fight. this will all come together. by showing up for court when even the attorneys don't, shows that you are serious about this little lady and her daddy's rights to her. her mother not having custody of her says a lot too... i'm sorry that he's having such a difficult time getting all this done. it's awful that there has to be this much trouble when he's trying to be a good father (when my ex husband won't even put forth even a LITTLE bit of effort to be a good father)...

    keep the faith and keep up the good fight!!!!

    :hearts:

  • the wheels of justice move so slowwwwwww
    they only good thing i have experienced from that ..
    is that it works out

    is like sometimes whaat god gives u do not want till u have time to really SEE it in the bigger frame

    my friend went to court 5 months in a row and endured countless home visits...
    but the baby is theirs ...
    :)
    hang in
    we r all praying for u and Robert and Destiny :)

    FUNNY... I JUST REALIZED THEIR BABY IS DESTINY ALSO :)
    SEEEE :) ))

  • I can't even put words to how this makes me feel!!!!  You guys must be livid!...I have no advice... as any I might give you at this point would probably get you in trouble... Have they appointed a guardian ad litem for Destiny? Please go and read the link below....perhaps you could copy this and send it to his attorney....I know how helpless you both must feel at times...I  felt that way at times in the suits I was involved in. In one of the suits I had to threaten to go to the newspapers to get both attorneys/judge to ACT IN THE BEST INTEREST OF THE CHILD...bringing up a well publicised case that went very wrong because the court did not do its job properly.....

    http://www.nysba.org/Content/ContentGroups/News1/Statement_of_Clients_Rights_and_Responsibilities/Rights.pdf

    ....I am sorry I can't think of something to say to make you both feel better.....One thing tho is that any child support given the grandmother is way better than having to give any to Brittani...I will keep you all in my thoughts!

  • Poor Robert.  And poor Destiny having to wait to be where she is wanted so much and will be loved so well.  And yes, it seems most judges and attorneys in divorce/custody cases are like that.  My neighbor and her fiance lucked out and actually have a judge who seems to see the "right" way to do things.  Their attorneys on the other hand...

  • How horrible!!!

  • How awfully frustrating!

  • OMG!  Will it ever end?????? 

  • *hugs* [because i have nothing to add - except destiny is one lucky girly having a family that will go through all this just for her :hearts:]

  • I'm so sorry all this is happening!!  You just wonder at people's stupidity at times!!  Hang in there and hugs to both of you!!

  • I haven't seen Robert's blog updated in awhile but I wanted to tell him that Destiny looks just like him! That pic at the top of your page, they eyes are his, no doubt!!!

  • what a pack of incompetent twits

  • PLEASE follow what nanablue has told you. To beat the system, you must appear stronger than they are. Tell Robert to keep the faith and Mom, you keep believing. But again, PLEASE follow the link and take her advice.

Comments are closed.

Post a Comment