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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 01-19-2012, 06:22 AM
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Default OCL report compeleted - now what?

Hi everyone.

My son and is daughter live with us. He has his daughter every other night pretty much and every other weekend. He seperated from his ex when my granddaughter was 5 months old (She is 3 1/2 now). The mother is a pathalogical liar and I truly believe she is a Sociopathas well. My son was addicted to prescription drugs as was she. He has been clean for 3 years. - she has never proven to be clean. In fact, my son got a court order to have his daughter removed from her care if she didn't test clean - we had a hair follicle test done last summer and she was positive for oxycodoine. My son went back to court on an urgent motion - got another judge and the mother showed up with perscreptions from a doctor - from a different town saying that she had an MRI and has back problems and that is why she was tested positive. It is all crap !! Believe me. Anyway, the judge threw out my sons motion and would not change the custody status quo.

CAS has been involved, several times. The original judge ordered OCL involvement - they finally got involved last November after the judge had to order the mother to fill out the intake forms.

The report is in - the investigator found out and revealed that the mother has been charged with shoplifting once, 5 other incidents involving the police because of verbal altercations with other adults...etc etc. The report was very positive on my sons side. He has had no issues with the law, both his doctors reported his 3 year sobriety and she also reported that his daughter is great when with him. Not so good of a report for the mother - noting that she never ever complied to the court order to be drug tested.... police stuff... etc etc.

The report recommends no change to the status quo, supervised access exchanges (I already take my son back and forth to pick up his daughts as to not have any altercations) the moter will remain the primary care giver, it states that she feels that things should be revisited in 6 months.

But now what ?? Does anyone know what happens next - we heard from the investigator that there would be a trial in a year - my son can't wait a year - his daughter starts school in September and the mother will decide where she wants my granddaughter to go to school.

The mother has moved 5 times since she was born !! We are all so worried about her wellbeing but nobody, not judges, not CAS or this investigator seems to want to make any decisions !!!
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Old 01-19-2012, 06:46 AM
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they did make a decision to leave her in the mothers care. I know it bothers you but you are going to have to find a way to deal with it. She may have tested positive for a drug but with the doctors note it proved she has a reason for being on the drug. If you do not believe it then somehow you have to prove it. Moving alot doesnt make one a bad parent.

The shoplifting is not as bad as other charges so it really doesnt tip the scales. As to the verbal altercations, was she charged in these incidents? If not then the police didnt think it was worth laying a charge. Plus you do not know what happened to cause the verbal altercation so you do not know if she started it or was just defending herself.

your son should get his own place for him and his daughter to show he can provide a stable environment for her.
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Old 01-19-2012, 01:17 PM
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Quote:
Originally Posted by standing on the sidelines View Post
they did make a decision to leave her in the mothers care.
OCL report is recommendations - not decision.

You have to look very hard into it. You can try to do report critique if you have money, lawyer and very good reason to believe that the investigator failed in reasoning of his decision.

Keep in mind you will have to do "report dispute" in 30 days I think but I am not sure.
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