GUILTY CA - Leila Fowler, 8, murdered, 12yo charged, Valley Springs, 27 Apr 2013 - #4

[gitana1]

BBM
It really depends upon what the judge perceives makes a good parent. I know a woman who lost custody of her kids to her ex after a lengthy custody battle. The ex walked out on the family and initially had nothing to do with the kids, but knew that taking the kids away from the woman would hurt her. Judges would award primary custody to the woman, but the ex kept taking her back to court. The woman had a steady job, but was running out of money to continue fighting. The ex had a higher-paying job and he had re-married. The last judge they faced decided that the father was a better provider because he had a 2-parent household and a higher income. At that point, the oldest child (12) was deemed old enough to choose which parent he wanted to live with and chose his dad because the dad was making the kids a lot of promises, like buying them some fancy toys. The mother did get limited custody of the kids in that case.

It's very plausible that a judge would not award custody to a single parent who is homeless, unemployed and disabled because the judge takes into consideration the environment the children would be living in and the ability of the parent to provide for the children. While it's plausible, it's not entirely fair since it's not the material things that make a family.

In the state of California, the court cannot decide custody based in differences in economic status or income. That is remedied with child support orders. Instead, custody is decided based on best interest of the child.

For a parent to have virtually no visitation rights or very limited rights, drugs, alcohol, abuse, serious mental illness, domestic violence or failing to show up at hearings or engage in the court process, are what is at play, in my experience. It is extremely difficult to take away the right to be in your child's life in California and only happens under the most serious circumstances.

ETA: The courts here favor more equal parenting arrangements unless the parties live far apart.

ETA2: In California, attorney's fees orders can be awarded as well, if one person continues to out litigate the other. So in the case you mentioned, in California, someone like your friend would likely be entitled to an award of attorney's fees payable by the other parent.

 

[thefragile7393]

BBM
I can answer part of you post.

A person can work part time while receiving disability. I'm not sure how many hours per week is the limit while on disability. Many people with disabilities are not capable of putting in enough hours per week to fully support themselves/their families, but want to be productive in the community. I, for one, am glad there's that option (it's a last resort for me).

There should be vocational rehabilitation services available to P at the state employment office. They can help her with her resume, finding job leads and obtaining any special provisions she might need to hold a job.

You will have to get the rest from Dinaslala, but maybe Dinaslala can pass on the info about voc rehab to P if she doesn't already know about it.

:seeya:

I don't know if it is standard across the board but at least here its 20 hrs or less a week one can work and still collect.

Sent from my SGH-T989 using Tapatalk 2

 

[eileenhawkeye]

Calaveras County Sheriff’s officials, in budget talks Thursday, made a renewed push for additional funding, citing high overtime costs, cuts to marine safety operations and stresses on the department that became evident during the high-profile Leila Fowler homicide investigation.

Kuntz said when he called for “all hands on deck” at the Fowler crime scene “and I’ve got four deputies looking at me … that is scary. It’s somewhat embarrassing.”

http://www.uniondemocrat.com/News/Local-News/Cal-Sheriff-pleads-for

Doesn't give you any new information; but I was surprised to hear how little LE is working for the Sheriff's Office.

Still curious to know what time LE arrived at the home.

 

[WillenFan21]

I wonder what evidence they have that makes them think the 12 year old did it? Wow..

 

[Octopus' Garden]

I am so sorry, I did miss the post...will do my best

"As a matter of fact he still refuses to let her visit him (I) in the detention center.
And before everyone goes off about the legality of it, yes, he can do this..
We looked into it with an atty and if I could raise the money and retain her services, I would in a heartbeat. No she does'nt NEED one to change the orders but with something like this I think we all can agree it would be BEST if she did."

JMO: BF sounds like a bully and the situation is a familiar one, as for CW, she probably only knows what BF told her about P,etc. like so many new girlfriends until one day they see the light.

It should be obvious to any normally thinking person that those children needed to see their mother, whether or not she could pay BF for that right.

I wonder if someone might be afraid that IF might tell P something about the case if she were able to spend a few moments with him away from BF and the attorneys.

Dinaslala, I am curious about a couple of things, too:
Did anything happen during or was anything said during the vigil about P attending? It was reported that they were all on good terms during the vigil. Did P and IF spend much time together during that time?

Also, how much would that attorney charge to ask the judge to issue orders making it possible for her to see IF? Maybe others could rally together to help.

 

[Linda7NJ]

"As a matter of fact he still refuses to let her visit him (I) in the detention center.
And before everyone goes off about the legality of it, yes, he can do this..
We looked into it with an atty and if I could raise the money and retain her services, I would in a heartbeat. No she does'nt NEED one to change the orders but with something like this I think we all can agree it would be BEST if she did."

JMO: BF sounds like a bully and the situation is a familiar one, as for CW, she probably only knows what BF told her about P,etc. like so many new girlfriends until one day they see the light.

It should be obvious to any normally thinking person that those children needed to see their mother, whether or not she could pay BF for that right.

I wonder if someone might be afraid that IF might tell P something about the case if she were able to spend a few moments with him away from BF and the attorneys.

Dinaslala, I am curious about a couple of things, too:
Did anything happen during or was anything said during the vigil about P attending? It was reported that they were all on good terms during the vigil. Did P and IF spend much time together during that time?

Also, how much would that attorney charge to ask the judge to issue orders making it possible for her to see IF? Maybe others could rally together to help.

If her rights have not been terminated, why can't she simply file herself and request supervised visitation? Perhaps, it would be best if she had an attorney.....But she can't afford one. So... She needs to file herself! I don't understand her reluctance and lack of effort. Handwringing, whining and excuses aren't flying with me.

I'm sorry, it's just not adding up.

 

[Octopus' Garden]

If her rights have not been terminated, why can't she simply file herself and request supervised visitation? Perhaps, it would be best if she had an attorney.....But she can't afford one. So... She needs to file herself! I don't understand her reluctance and lack of effort. Handwringing, whining and excuses aren't flying with me.

I'm sorry, it's just not adding up.

Not everyone shares your can do attitude or altitude, especially not women in abuse situations who have been continually kicked when down and physically and mentally controlled and constrained, getting to a point so low they don't even think their self is worth helping, not to mention the factor of fear. Plus, there are other societal factors that come into play, status and race are a couple. Many people would never be in the position to empathize with the dynamics and would prefer to offer judgement.

I never heard or saw P doing any whining or handwringing or making excuses. Dinaslala has posted answers to some questions asked on the forum is all and she obviously loves P.

The former may not be P's situation at all, just me posting my opinion.

 

[menmo]

"As a matter of fact he still refuses to let her visit him (I) in the detention center.
And before everyone goes off about the legality of it, yes, he can do this..
We looked into it with an atty and if I could raise the money and retain her services, I would in a heartbeat. No she does'nt NEED one to change the orders but with something like this I think we all can agree it would be BEST if she did."

JMO: BF sounds like a bully and the situation is a familiar one, as for CW, she probably only knows what BF told her about P,etc. like so many new girlfriends until one day they see the light.

It should be obvious to any normally thinking person that those children needed to see their mother, whether or not she could pay BF for that right.

I wonder if someone might be afraid that IF might tell P something about the case if she were able to spend a few moments with him away from BF and the attorneys.

Dinaslala, I am curious about a couple of things, too:
Did anything happen during or was anything said during the vigil about P attending? It was reported that they were all on good terms during the vigil. Did P and IF spend much time together during that time?

Also, how much would that attorney charge to ask the judge to issue orders making it possible for her to see IF? Maybe others could rally together to help.

Not everyone shares your can do attitude or altitude, especially not women in abuse situations who have been continually kicked when down and physically and mentally controlled and constrained, getting to a point so low they don't even think their self is worth helping, not to mention the factor of fear. Plus, there are other societal factors that come into play, status and race are a couple. Many people would never be in the position to empathize with the dynamics and would prefer to offer judgement.

I never heard or saw P doing any whining or handwringing or making excuses. Dinaslala has posted answers to some questions asked on the forum is all and she obviously loves P.

The former may not be P's situation at all, just me posting my opinion.

You said this so well and I thank you.
Too many times (once is too many) in custody situations this happens. I realize some people would think why not just do it herself. There are many, many reasons someone may not be able to do that. For some people you have to experience a situation to be understanding of it. I just wish no one had to experience it, especially a child caught in the middle.
As for the girlfriend possibly believing what was told to her. I believe you hit the nail on the head perfectly. Never let someone else's judgement of someone be your judgement.

ETA: Think and see for yourself. You only know one side of the history.


MOO

 

[tlcya]

We DO only know one side of the history on this board and its not BF's side

 

[Linda7NJ]

Not everyone shares your can do attitude or altitude, especially not women in abuse situations who have been continually kicked when down and physically and mentally controlled and constrained, getting to a point so low they don't even think their self is worth helping, not to mention the factor of fear. Plus, there are other societal factors that come into play, status and race are a couple. Many people would never be in the position to empathize with the dynamics and would prefer to offer judgement.

I never heard or saw P doing any whining or handwringing or making excuses. Dinaslala has posted answers to some questions asked on the forum is all and she obviously loves P.

The former may not be P's situation at all, just me posting my opinion.

IMO sorry, I have much empathy for victims of abuse. But not more than I have for the children they claim to love but can't manage to file for visitation to see.

 

[Octopus' Garden]

IMO sorry, I have much empathy for victims of abuse. But not more than I have for the children they claim to love but can't manage to file for visitation to see.

JMO

I am sorry, too. The courts just don't work well for everyone and so often serve injustice. Even if someone has some successes in the system, it does not mean that they will not suffer the consequences and repercussions from the adversary.

It might actually be easier for P to see him now, with BF only going there twice per week, and she could take some really large body guards along just in case.

What would be the first steps in initiating the process to file on her own?

Thanks in advance for the help.

 

[Octopus' Garden]

We DO only know one side of the history on this board and its not BF's side

I thought we heard some from his side, which is what prompted most of the questions and answers via Dinaslala and some of the members.

 

[Linda7NJ]

JMO

I am sorry, too. The courts just don't work well for everyone and so often serve injustice. Even if someone has some successes in the system, it does not mean that they will not suffer the consequences and repercussions from the adversary.

It might actually be easier for P to see him now, with BF only going there twice per week, and she could take some really large body guards along just in case.

What would be the first steps in initiating the process to file on her own?

Thanks in advance for the help.

Here ya go. Hope it helps.

http://www.scscourt.org/self_help/family/custody_visitation.shtml

All she needs to do is go to the library and use their computer, if she doesn't have one

 

[tlcya]

I thought we heard some from his side, which is what prompted most of the questions and answers via Dinaslala and some of the members.

All I have heard or read about BF or CW has been from MSM reporters, regarding the case and regarding public court records pertaining to family court hearings on child support issues. I did read CW's FB before it went private. Aside from that, there has been nothing. They have not weighed in, nor have I seen where any of their friends or family have weighed in. So no, we haven't heard from his "side".

Laws Yes Tom Cullen is sick unto death of sides. M O O N that spells frustration.

 

[Octopus' Garden]

JMO Okay so the post about the well quoted neighbor and her court appearance the same day as IF's for the DUI she received May 9th that included pastes from the sheriffs log and court calendar was removed. I thought it was an interesting coincidence. Not picking on her, it was public knowledge. She was also the neighbor whose husband was detained from getting home to his residence on Rippon Rd. because he was wearing clothes the same color as the description given by IF and another neighbor. Also the same neighbor that complained that LE had been through her trash, and in another quote said she wanted her life back to normal. This neighbor was further quoted offering an excuse why town folk now wanted their money back from the fundraiser and felt betrayed. JMO

JMO So, the Calaveras sheriff's logs are interesting, but don't give one the idea that this was a quiet close neighborhood or one where residents would be at all smart to leave their doors unlocked at any time of day. JMO

JMO And definitely a community where they should do their doublethinking prior to giving charitably because IMO they have embarrassed themselves by wanting their money back. JMO

JMO Thought it would be Okay to post that since wolf dog neighbor was discussed and name was used here often, some opined that he lied. I am just not experienced enough with the forum to know who and what gets posted or not regardless of said rules. My apologies.

 

[Octopus' Garden]

Here ya go. Hope it helps.

http://www.scscourt.org/self_help/family/custody_visitation.shtml

All she needs to do is go to the library and use their computer, if she doesn't have one

This is excellent information and, I think, a great help to anyone. Thank you for it.

Also, thank you to those that private messaged me with help regarding the forum, I attempted to send responses but it appears they did not send. I appreciate your assistance very much.

 

[my_tee_mouse]

Dinaslala, Thank you for replying. My replies back to you are in red...

P said she is on disability but she also said she is looking for a job. I didn't think you could have both.

If she can work, I'm sure there is someone willing to give her an opportunity to get back on her feet. Can you help her with a resume? If not, I will gladly help her put one together.

Last question...if her circumstances take a positive turn and she becomes more stable than B...is she willing to have "I" come home to her if the court allows it?

TIA

SS Ticket to Work:

http://www.ssa.gov/work/overview.html

 

[itsreenw]

SS Ticket to Work:

http://www.ssa.gov/work/overview.html

Great find!! Hopefully Dinaslala will relay the info.

Has anyone read anywhere how P was kept from going to the funeral? Still curious about that.

 

[tlcya]

I sure don't know how that works and would love to know as well.

 

[my_tee_mouse]

I sure don't know how that works and would love to know as well.

Ticket to Work helps people try to get back to work without worrying about losing their benefits (including Medicare/Medicaid) in the process. They can test the work waters and even determine if only part-time work is in their future. And yes, people can earn and still draw their SSDI/SSI benefits up to certain limits, with certain provisions for medical items needed to help get to work/maintain the ability to work.

Things to know about Ticket to Work:

1) Do NOT trust the person at the window or on the other end of the SS telephone line to be well versed in the Ticket to Work program;

2) Anyone who is drawing SSDI and/or SSI has the classification of presumptive eligibility with their state Vocational Rehabilitation Services office; that means no tests to determine if they can get services. The VR agency might do evaluations to help determine the best course...training/retraining/college/direct job placement. ANYONE drawing SSDI or SSI should schedule an appointment with a CRC at their state agency to see how their state VR agency can help them;

3) Centers for Independent Living have people on staff well versed in the Ticket to Work program and will be more than happy to help clients understand the regulations and procedures. They are also an excellent source of resource referral in many areas to help someone get back to work or live in their own homes.

Signed,

mytee
Your Friendly Neighborhood LSW* and CRC*
Licensed Social Worker and Certified Rehabilitation Counselor