I'm trying so hard not to keep that separate in my mind because he wasn't charged at the time or a suspect back then, but I keep going back to see if there was anything like a witness report of something where he was named that could have given them a reason NOT to give him custody. I have seen families lose custody, and not get custody over such little things I don't understand how the father was given custody, to begin with even without the other incident.
He most definitely was. as soon as he was released from prison for shooting someone in the head, he created Harmony. He has a life long history of violence.
Adam Montgomery has a long history with police, drug addiction.
I don't believe it's disputed that in the end, both Harmony's parents, and multi-state DCYF/Probate and Family Courts, failed to provide that the needs of a vulnerable child were met, and that she was safe from any possible harm.
I'm proud that we're rightfully vigilant when it comes to justice for innocent children on this forum!
After following many cases involving children, I find that when reporting on vulnerable children, their parents, and social services, I think MSM coverage mostly supports our position here.
Nonetheless, while some reporters provide the complete facts, others omit details that if included, might help explain why the court ruled as it did, and some still resort to headlines that benefit only their bank accounts. Also, seems to me that some reporters have conflated the details of AM's shooting incident.
From the birth mother's own account, we know that she permanently lost custody of Harmony sometime in July 2018, and Harmony began bouncing in and out of foster care. Although AM was not eager to co-parent with her, she provided that while Harmony was in foster care, AM consistently participated in supervised visitation.
[
The threshold for proving unfitness are high, and often involve at least a minimal level of involvement by the Department of Children and Families (DCF), and so long as a child has one “fit” parent, Probate and Family Courts can generally determine custody and parenting time using the “best interests of the child standard” instead of delving into unfitness].
By Feb 2019, [
after the parent maintained contact with the child for the previous six months], the court removed Harmony from the system and granted custody to her biological father.
[
The law requires a finding of unfitness in order for a non-parent to retain custody of a child over a biological parent’s objection. Meanwhile, even in child custody cases involving biological parents, the elements of the unfitness analysis can be useful in evaluating problematic parental behavior]
.
Mom further provided that she did not protest AM's custody petition because she had another court hearing on the same date. At the time, I'm not aware that anybody protested AM's petition for custody of Harmony.
As to wondering how the Probate and Family Court could possibly return Harmony to AM's care (Feb 2019) after the 2014 incident where AM shot JP, his alleged heroin dealer
in the head, in all fairness to the Probate and Family Court, inclusive of the Statutory Factors in Parental Unfitness Cases, I think it's crucial to recognize the facts as known to DCYF and the Probate and Family Court.
For example, if relying only on what's seemingly attached to this case in current media, you'd expect that AM would have been charged and convicted of attempted murder and/or assault with a deadly weapon, serving 10+ years in prison, and not available as custodian!
But he wasn't.
It seems to me that many are unaware of the fact that AM was also shot (by JP's brother) during the altercation, where witnesses provided that AM had a gun, and as he and JP struggled, the gun went off, wounding JP in the chin (the bullet exited his left temple area, and JP made a full recovery).
IMO, a gun going off during a struggle, differs somewhat from "he shot a man in the head."
Although AM was initially charged by Police with armed robbery and armed assault to murder in connection with the incident, ultimately, based on the evidence, the prosecution charged, and AM was convicted of lesser charges including
larceny, carrying a firearm without a license, and discharging a firearm within 500 feet of a building-- for which he was sentenced to 18 months in the house of corrections.
Given credit for time served, I think AM was out in about 11 months or about August 2015. (Incarcerated, AM would have missed both Harmony's birth and her first birthday in June 2015 ).
Given the facts, I think DCYF supported the Probate and Family Court's decision to grant the biological father's custodian petition, five years following the shooting incident. Right or wrong, the current law clearly supported the decision-- while also reuniting Harmony with a biological parent.
And while I may not personally agree with state laws where a biological parent's status as a felon alone is insufficient to meet the statutory elements for "unfitness" per the Statute, State Legislators (and their constituents) obviously think otherwise, given no existing laws prohibit a felon from being granted custody of their child.
To be clear, I'm not saying there are no exceptions where a violent felon turns out to be a good parent, but it wasn't true for Harmony.
(I believe it was JP's brother that was charged with armed assault with intent to murder, assault and battery with a dangerous weapon, possession of a firearm without a firearms identification card and discharging a firearm within 500 feet of a dwelling).
MOO
NH - NH - Harmony Montgomery, 7, Manchester, Oct 2019 *reported missing Dec 2021* *REWARD* *Arrest*
NH - NH - Harmony Montgomery, 7, Manchester, Oct 2019 *reported missing Dec 2021* *REWARD* *Arrest*
Child Custody and Visitation - MassLegalHelp
Seven Ways that Massachusetts Courts Determine Parental Unfitness
