So, this blog was written about a
month ago. We had a hearing the first week of August, and we wrote
this right after that. But we forgot to, you know, post it or
whatever. I guess I could go through and update the language in this
post so that it reflects the time that has passed, but...I'm not
going to. So, just close your eyes and imagine you're in a time
long, long ago. Say, six weeks? Yeah, that should do.
You know, one of these days, we'll get
back to updating this blog regularly. It just so happens that
because of the long gap in between actual hearings (Little Man's
motion hearing notwithstanding) there hasn't been a ton of changes in
the case. However, we did have a standard hearing this past week.
Typically, these review hearings are done every 90 days. For some
reason, this one took place almost five months after the last one.
Had it not been for the motion hearing in June that ended Little
Man's weekend visits with his biological father, we would have been
losing our minds at such a long gap between hearings. While there
were other items that would have been nice to address at 90 days
instead of 150 days, those weekend visits were the biggest one.
I guess I need to back up a bit and
give an update on the motion hearing. As you know, back in March,
Little Man began going to his bio father's house every weekend for
overnight, unsupervised visits. After having Little Man come home
starving, exhausted and covered in bug bites almost every week, we
had all finally had enough (“we” being us, the agency, the county
and the boy's attorney). So in mid-June, a special motion was filed
downtown to removed the unsupervised weekend visits and restore the
supervised weekday visitation. On top of those issues, there were
also multiple people living at the father's house who were not
cleared to be living there. There was a dog there, as well. In both
cases, he was told repeatedly to remove all unauthorized people and
animals fro----mnmnmm the house. He never did. The boys' mother actually
contacted Danielle and said that the father was leaving Little Man
with her and other people (both explicitly prohibited) so he could go
to the bar or work or do whatever he wanted. All of this was enough
for the main judge to remove the weekend visits (and go back to twice
weekly supervised visits). Neither of us attended the hearing, but
Danielle was called over the phone to testify. She ended up staying
on the line during most of the hearing, so she was able to hear what
was being said. At one point, when the matter of the dog was brought
up, the judge spoke directly to the father and said, “I want you to
understand that you are choosing an animal over your son. An
animal!” We were pretty thrilled with the result of this motion
hearing. Not only did it begin to cast doubt on the father's ability
to be a permanent solution, but it was amazing to know that our son
would be safe on the weekends again.
Now, back to the present. Prior to our
first review hearing in March, we had been told countless times to
not worry, that nothing major should change at these hearings. Of
course, it was at a review hearing that the hearing officer awarded
the weekend visits to Little Man's bio father. As such, we went into
this with no expectations. Based on how the families have conducted
themselves over the last five months, we felt confident that not
much, if anything, should go their way. We went into the hearing
asking for three things: a reduction in their bio mother's visits per
weeks, that Little Man's visitation status (supervised, twice a week)
stays the sames and a petition for medical guardianship for Pirate.
It was clear from the start of the
hearing that things would not be going favorably for the bio mother.
When she was called to testify, it took several promptings from
family members and her attorney before she finally would pay
attention. Then, after a few minutes of question, the judge stopped
the proceedings and asked the mother if she wanted to get her kids
back. When she affirmed that she did, the judge ask, “Well, then
why did you show up to court wearing jeans and an old sweatshirt?”
After muttering excuses about those being her only clothing and not
being able to afford anything else, you could tell the judge was
already writing her off. Now, there's a big part of me that thinks
this is wildly unfair, to judge someone on the clothing they wear.
Of course, we have always made sure that we dress better than we
would for a funeral. But, ultimately, I think the purpose of the
question was if she doesn't have the money to afford one nice outfit,
how could the court expect her to raise two children? Things did not
get much better for the mother. Eventually, her visits were reduced
from three visits per week (each for two hours) to just one! This
was done largely on the premise that she has missed over 42% of her
visits in the five months since the last hearing. Some of those
visits, the boys had already arrived at the visit location, just for
her to no show. We were kind of shocked at this drastic reduction;
we would have been satisfied with going down to two per week.
However, we are thrilled, to say the least. Pirate's behavior has
begun to worsen as she has made most of her visits in the last few
weeks. We've always believed that more distance between him and the
bio family would be very beneficial for him. I guess now we get to
see if that's the case! It's easy to get the sense that the mother
is imminently close to having her parental rights terminated. We've
always assumed this would happen, sooner or later, so this isn't a
big shock to us. Still, it's comforting to know that the court is
seeing the same issues with her that we have been seeing for months.
However, in regards to Little Man's bio
father, those issues don't seem to be as apparent to the court (or,
at least to this hearing officer). Ultimately, nothing changed in
his visitation schedule. It is still at two visits per week, for two
hours each and supervised. However, for quite some time during the
hearing, it almost seemed as if the judge would just go back to the
unsupervised weekend visits. There are so many reasons these should
not start back up, issues that we as parents view as serious. Little
Man was coming home absolutely starving every weekend, there was
numerous people living at the home without their clearances,
accusations of leaving our son with unauthorized people so the bio
father could go to the bar. The list goes on. For those that deal
with this case on a weekly basis, there was no question that the
father should not get those weekend visits back. However, to a judge
who reads up on this case once every few months, those issues
apparently did not seem as severe. (As a quick aside, it's important
to note that this judge/hearing officer is not the main judge on the
case. He's just the one who does these review hearings. For what
it's worth, the main judge is the one who removed the weekend visits
from the father. While we're not sure why they seem to be taking
different stances on this issue, we don't believe the main judge
would have even considered giving those weekend visits back.) At the
end of it all, the judge kept the visits status quo, and gave the bio
father 60 days to become compliant. While we're happy with the
result for now, we worry that this judges standard of “compliant”
is far below what all of us would find acceptable.
Our third issue was trying to have
Pirate's medical guardianship transferred to us (we would have taken
the rights for Little Man as well, but Pirates are more pressing).
Recently, Pirate was seen by an ADHD specialist who very quickly
diagnosed him with ADHD. However, despite the doctor's
recommendation, we have to get the bio mother's consent before
placing Pirate on the medication. She is refusing to give this
consent. In her words, she doesn't think Pirate needs it, and even
if he did she would not want a five year old on medication (keep in
mind that when the mother and Danielle talked about this a couple
months ago, she was in full agreement with us that Pirate would
really benefit from medication). When I was called to testify on
this in court, I laid out our reasoning for placing Pirate on this
medication. I told them that we also did not want to put a five year
old on medication without cause. If we had, we would have done it in
November and December when this kid was at his absolutely worst. But
we didn't. Instead, we tried using firm structure, clear rewards and
consequences and hoped that those steps would help. And they did, a
lot. The Pirate that lives with us now is almost unrecognizable to
the one who came to us last November. Even so, it's not quite
enough. We are very nervous about how he will react in school.
Based on his performances in Sunday school or daycare classes, we
worry that Pirate will quickly be labeled as a problem child at
school. But he's not. He can be a handful and stretch us to the
edge many days, but he's also more intelligent and has a bigger
desire to learn that almost any of his peers. We fear that, without
the aid of medication, all of his desires to learn and succeed will
quickly be lost as he will come to dread school as a place where he
is always in trouble. There is a chance that Pirate will do okay in
school with treatment for his ADHD. But as parents, we don't want
him to do “okay”, we want him to succeed to the best of his
abilities. All this being said, we were not given the guardianship.
The judge said such a decision is above his pay grade and that we
would have to take a motion downtown. Which is essentially what we
expected to happen. On the way out of court, our caseworker said
that the mother's attorney would talk to her about consenting. So
we'll see what happens. Obviously, there's not a lot of time left
before school is to start, so we would like any resolution to happen
before that begins.
It's amazing what both of these boys
absorb or hear. Little Man is like a mirror, as we can see many of
our facial responses or laughter mimicked by him. Pirate, on the
other hand, hears a lot more than we ever think he does. For
instance, at the hearing, he was playing around and keeping himself
busy. This was the case when his bio mother said she couldn't afford
new clothing. However, a good 30 minutes after she said that, Pirate
went up to her and said, “Don't worry, I have lots of money in my
dinosaur bank. I'll give you some to buy clothes.” He's five.
It's heartbreaking to see him feel like he is the one who has to be
responsible. At a recent visit, while the mother spent the entire
time cry and saying she missed him and wanted him to come home,
Pirate just kept patting her on the back and saying that he would
come home to take care of her. We hate this. It's not ok. The
sooner she is out of their lives entirely, the better. We still
don't know what will happen to Little Man. We could see the father
continuing to fall apart; but we could just as easily see him getting
his act together after the latest kick in the pants. It's so hard to
tell. All we can do is continue to love and parent these boys as
best we can. Hopefully, the courts will see this and recognize that
we are the best permanent option for these two incredible children.
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