The Back Story

You may want to know the back story of this case.  To make things easier, we’ll name the mother Ms M and the Father Mr. G

Ms M and Mr. G were never married, co-habited, or in a long-term relationship. Ms M became accidentally pregnant while casually dating.

After that Ms M did everything right: She considered abortion, but found that she was not able to take life. She worked through her normal but exceptionally fatiguing pregnancy to save for the baby and borrowed to make up the shortfall.  She laid out concrete plans for the future for herself and her child.  She didn’t want to fight with Mr. G, and so paid all her pregnancy, birth, and child support bills, and herself provided everything her child has needed.  She found freelance work which she can do while caring full time for her child, whom she nursed for 18 months, until the judge and Mr.G forced a violent weaning. 

She allowed Mr G to come to the birth of her child and invited him to visit after, even though she broke up with him. When the judge ordered visitations, she missed only one, when she had a stomach flu and Mr. G chose not to come himself.  She came to visitations and waited when Mr.G was late, and she came when Mr.G did not bother to come or cancel.  

Ms M failed to follow one court order: she could not bear to return her child to the trauma shown in the video.  For this the judge has held her in contempt and instead of examining the situation and listening to her reasoning, he ordered three day two night visits starting immediately, placing the child in the traumatic situation you saw in video from the last post. 

Mr. G did everything wrong.  He provided absolutely nothing financially or emotionally  for the pregnancy, birth, or support of the child. He reduced the amount of time he worked, and declared that he planned to quit work entirely after the child was born.  While not exercising any parental responsibility after the child’s birth, he wandered from job to job for the last 18 months: failing at CNA certification, losing a job at the Omni Hotel after a few months, picking up shifts as a waiter or in kitchens of restaurants a few days/week.

He did not complete a paternity affidavit, and he did not visit the child for nine months after the birth.  He took Ms M to court, and, though the court ordered a modest child support payment starting only when the child was nine months, he feel behind starting the very first month.  Although the court ordered visitations entirely on his terms, he used less than half of the visitation time he was given.   He interacted with the child so little and so badly that at 18 months he has no relationship with her, and she fears him.  After Ms M refused to return the child to the horror of the unsupervised visitation, he took her up on her offer of supervised visitations only once in three months.  

Then Mr. G filed for contempt, and, even though Mr. G had violated court orders in numerous ways for months, the judge held Ms M in contempt, and said that he is now inclined to switch custody of the nursing baby to Mr.G, and in the meantime, ordered that the baby be separated from her mother and turned over to the Mr.G for two days and two nights — he wanted to order more, but that is all Mr G was up for.

Mr. G’s behavior qualifies for child abandonment (he did not visit, did not legally acknowledge in a timely manner, did not financially support) according to the West Virginia code, citations of case law by the West Virginia Supreme Court, and and the US Supreme Court. 

If Ms M had acted in the way Mr. G did, she would now have her parental rights terminated.  If Ms M had acted in the way Mr. G did, the child would not even be alive.

This judge’s family court, however, has declared Mr. G a more fit to care for a child than the mother who gave her birth and all her support, and the baby has been sentenced to separation from the only caregiver she has known, from separation from a loving and secure family and  a safe and caring community, and into the power of a man who has declared his intention to teach her the lesson he himself was taught as a toddler:  “you can’t rely on anyone, not even your own mamma.”  Exact quote, documented. Intention achieved, compliments of family court judge.

If you think that this judge has acted inappropriately, please sign this petition.

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