She was born. Nothing overly special. A mom, a dad....Read More
I have been doing a ton of research for my upcoming appeal case. As alot of you know my story, I am fighting for primary placement back and sole custody of my son. There was legal error in the Circuit Court as many parts of the Wisconsin State Statue 767.41 for custody and domestic violence were not followed in my case. This allowed my abuser to regain control and manipulate the family court system. If the legal Statue had been followed, this case would not have lapsed 3 years and me and my son’s saftey would of not been placed in the line of fire. He would also still safely be with me full time like he was for 2 years.
I fought hard as his Dad wanted to take him forever, but like hell this Mom would of never let that happen. Trying to convince a judge that a Mom with zero criminal history, has been a RN working actively in good standing for 16 years, who not only provided work letters, testimony etc to give him sole legal custody didn’t work. But as I have learned over the last few years, Mother’s who are victims of domestic abuse are having their children ripped from there arms all the time for no reason! They are being deemed “crazy”, “over-dramatic” and even uncooperative for speaking out and trying to protect their children in family court.
Taking a case to the Court of Appeals is not easy. You cannot simply appeal something you just do not agree with. You have to show actual legal error took place. You have to have proof domestic violence occurred. The proof I have in my case is a copy of the citation I most recently requested from an open records request, and also having a 4 year Domestic Abuse Restraining order since April of 2020. The Circuit Court Judge claimed having these things did not prove any domestic violence. I was not only shocked, but disgusted.
Going into the legal errors in my case would be a very long post. But at least 3 legal errors were made. Not one….but THREE!
I recently learned through reading that my parental rights were violated as the Constitution, and specifically the Due Process Clause of the Fourteenth Amendment, protects the fundamental right of parents to direct the care, upbringing, and education of their children.
This does not apply if a parent is deemed unfit according to standards. I WAS NEVER deemed unfit. My child was never put in any ways harm as I was investigated throughly and CPS refused to take my case as they thought the allegations were ridiculous, with no legal proof or even evidence.
Instead a Guardian at litem, decided to file an emergency ex parte order, stating my son was in immediate danger because I was using legal CBD. With this order, I was never given the Due Process which is that a citizen who will be affected by a government decision must be given advance notice of what the government plans to do and how the government’s action may deprive them of life, liberty, or property. It can be overlooked in an emergency situation, but my son was at his father’s when it was filed and my son was never deemed at the end of the trial to be in ANY emergency situation, much less even in my care when this was filed.
So not only was one of my Civil parental rights violated, but also my right to due process was violated, which violated my liberty to be heard before a court order was signed or granted.
I am sharing this post, because for a long time I have been scared to speak out and take action. I still allow my abuser to this day, instill fear in me, and that if i speak out he will retaliate against not only me but my precious boy while in his care. This fear retraumatizes me over and over and actually can drain my soul for the rest of the day and cause intense anxiety.
Today is the day I am saying, I have had enough. I am speaking out. I will win this Appeal case which will give me my life back, my son back in genuine safety, but also speak volumes to other women in my shoes. I have never loved so hard until I became a Mom. It’s a love so deep that I would fight for my son’s saftey until my last breath.
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