Post by Jim on Feb 12, 2009 7:13:02 GMT -5
woodsman1032@yahoo.com
My ex wife died Aug 16, 2005 leaving our 3 year old daughter. I found out from a friend of hers 3 days later. My ex mother in law (who knew the judge) claimed there was no one else to care for the child. I was paying child support through the local county. Then they (ex mother in law, sister and brother in law) claimed that I had been incarcerated and had criminal proceedings against my ex and her family (which wasn't true). I was never notified of any court hearings in this matter. My in laws gained temporary guardianship on Aug 31, 2005. I believe this violates Statutes 938.27(3)(a)1 and 938.273(1)(a).
In September 2005 I started proceedings to get custody of my child. In laws stated this wasn't about child support and they didn't want any they just wanted the child. (In laws retained a 2nd attorney in March 2006 and wanted all arrearages of child support and continued support. Judge granted) Child support was being automatically taken from my paychecks until January 2006. Do not know who checks were sent to or made out to considering my ex wife was deceased.
October 2005 Had to go to supervised visits with my child because of slanderous accusations from in laws.
December 2005 GAL (Guardian Ad Litem) said child should be with biological father. In laws said not acceptable and judge said there would have to be another court hearing and child would stay with in laws.
Between Sept 2005 and Jan 2007 In laws constantly delayed court hearings by consulting with different attorneys and conveniently being our of state or country on "vacations". Court hearings had to be canceled and this kept my daughter from being with me.
June 2006 In laws hire 3rd attorney from Madison and draw up a Stipulation and Order. Stipulation gives me legal custody and primary placement and in laws visitation only. They gave up guardianship.
I was forced by my attorney (documented) to sign Stipulation. Attorney never went over provisions in Stipulation just told me to sign stating this would be the start of getting my daughter back otherwise he'd be going through a lengthy trial and he would not work for free. Also said we would work out other details later. Against my better judgment I signed the agreement believing my attorney would help me.
Stipulation as well as all court proceedings since the guardianship have been treated as if this is a divorce and custody battle and has, I feel, stripped me of my rights as the biological father. I am the father they are the aunt and uncle, they have no legal rights to my child. I have been told that the Stipulation can be amended by my attorney will not do it, for reasons unknown.
Stipulation state there will be a 3 phase visitation transition to gradually prepare my child to be with me. Phase 1 - I got my daughter 5 days then they got her 2 days then I got her 1 day then they got her 6 days and repeat. This went on for 3 months. Phase 2 - I got her every other week Wed 3pm to Mon 7:30 pm and every other Wed 3pm to Fri 7:30pm. This went on for 5 months. Phase 3 I was to have her at all times except for they get her 1st weekend Fri 3pm to sun 7:30pm. 2nd weekend with me, 3rd weekend Thur 3pm to sat 7:30pm, 4th weekend Fri 3pm to Sun 7:30 ppm. This phase was supposed to start Sept 1, 2007 and has still not been implemented because of my in laws.
Since the Stipulation my in laws have continued to take her to and make Dr. appointments (and converse with the doctors). They have no authorization to do so and this is being billed to my insurance company. They have made statements to the doctor claiming they have primary placement when they do not (documented). I have been told that this is a federal offense.
Aug 2007 In laws take me to court claiming contempt of Stipulation. In my defense I countered with contempt for taking my daughter out of state without my consent (custodial interference). Family Court Commissioner denied my contempt motion and ordered myself and my in laws to a high conflict parenting class. This class is for divorced couples. They are aunt and uncle and have no rights to my child.. Threw out in laws contempt. Parenting classes halted Phase 3 visitation from going into effect.
Feb 2008 conference between attorney and court commissioner. Agreed no reason why Phase 3 could not start. Less than a week later, upon hearing this, aunt turned me into the county in which I reside for child abuse. They examined my daughter and found no evidence to warrant allegation. The next day I was informed by a social worker in the same county that I was to appear at a hearing for inappropriately touching and molesting my child, again accused by the aunt. There was an investigation that turned out to be unsubstantiated, unfounded, no physical evidence. Not guilty. The investigator said that these accusation were very suspicious ( have report). They did however say that my daughter was suffering from emotion damage and a CHPS (Child in need of protective Services) order was placed upon myself and my daughter. I now have to go through parent counseling, been assigned a parent coordinator and a social worker. I have to see numerous counselors 1 to 2 times a month and twice weekly a parent coordinator and social worker visits. The coordinator and social worker continually tell me I need to manage my anger toward my in laws and try to work and cooperate with them about everything going on in my daughters life. How can I do this when they are constantly trying to put me in jail and take my child from me. This CHPS order again delayed Phase 3 visitation from going into effect.
This summer after school got out I was able to have my daughter for the majority of the month except every other weekend when she would go to the in laws. This situation was working well for both of us and I thought I was on my way to Phase 3 visitation now 8 months over due. November 2008, social worker, who I believe is corroborating with in laws, decided to go back to Phase 2 allowing a 50/50 visitation schedule for no apparent reason. This came shortly after I and a witness reported to the county the aunt for child abuse when my daughter told me the her aunt locked her in the garage in just her underwear for an extended period of time. Temps outside were only in the 20's. The county screened out the report with no investigation what so ever. This Phase 2 schedule has them with her during the middle of the week which disrupts a routine with her as far as school and her overall mental well being. This schedule also has them with visitation for the entire time she is on her Christmas holiday break. I only have her on Christmas eve until 7:30 and they have her for 13 1/2 days after. Where is this good for my child?
November 2008 Within a week after I reported the aunt my in laws served me paper citing contempt of the stipulation. Court hearing was in 10 days. Contempt stated I should do jail time for everyday in contempt or 6 months whatever was shorter and pay a daily fine of $2000 for everyday in contempt. Family court commissioner held me in contempt and said if I did not comply I would spend 15 days in jail (this was Thanksgiving week when offices are closed Thurs and Fri). I was ordered to pay back child support and part of their attorneys fees and sign authorization forms allowing in laws all information of my daughters medical and school information. I am a disabled person on a disability income.
Ever since the death of my ex wife, my in laws have done illegal and criminal actions against me (I have been told this by a number of attorneys, dept of justice and others) Court proceedings always go in their favor. They have a lot of money and are relentless. They continually harass me and take every opportunity to take me to court and put me in jail.
I was in the Navy and worked as a government employee for the US Postal Service for 21 years. I have never had any kind of record of any kind until meeting my ex-wife and her family. I have friends and neighbors who will vouch for my character as a person and as a father. I am at the end of my rope. It has been over 3 years of this. My attorney does nothing for me. This is causing emotional and mental damage to my daughter and myself. I cannot go through the local county court and I have been told that I need to take this to the US Supreme Court. I have been told that there are numerous violations and criminal acts and there are grounds for many civil suits. What can I do to stop this? I would appreciate any advice or help that you can offer to me.
Thank you
Steve Kowalewski
woodsman1032@yahoo.com
My ex wife died Aug 16, 2005 leaving our 3 year old daughter. I found out from a friend of hers 3 days later. My ex mother in law (who knew the judge) claimed there was no one else to care for the child. I was paying child support through the local county. Then they (ex mother in law, sister and brother in law) claimed that I had been incarcerated and had criminal proceedings against my ex and her family (which wasn't true). I was never notified of any court hearings in this matter. My in laws gained temporary guardianship on Aug 31, 2005. I believe this violates Statutes 938.27(3)(a)1 and 938.273(1)(a).
In September 2005 I started proceedings to get custody of my child. In laws stated this wasn't about child support and they didn't want any they just wanted the child. (In laws retained a 2nd attorney in March 2006 and wanted all arrearages of child support and continued support. Judge granted) Child support was being automatically taken from my paychecks until January 2006. Do not know who checks were sent to or made out to considering my ex wife was deceased.
October 2005 Had to go to supervised visits with my child because of slanderous accusations from in laws.
December 2005 GAL (Guardian Ad Litem) said child should be with biological father. In laws said not acceptable and judge said there would have to be another court hearing and child would stay with in laws.
Between Sept 2005 and Jan 2007 In laws constantly delayed court hearings by consulting with different attorneys and conveniently being our of state or country on "vacations". Court hearings had to be canceled and this kept my daughter from being with me.
June 2006 In laws hire 3rd attorney from Madison and draw up a Stipulation and Order. Stipulation gives me legal custody and primary placement and in laws visitation only. They gave up guardianship.
I was forced by my attorney (documented) to sign Stipulation. Attorney never went over provisions in Stipulation just told me to sign stating this would be the start of getting my daughter back otherwise he'd be going through a lengthy trial and he would not work for free. Also said we would work out other details later. Against my better judgment I signed the agreement believing my attorney would help me.
Stipulation as well as all court proceedings since the guardianship have been treated as if this is a divorce and custody battle and has, I feel, stripped me of my rights as the biological father. I am the father they are the aunt and uncle, they have no legal rights to my child. I have been told that the Stipulation can be amended by my attorney will not do it, for reasons unknown.
Stipulation state there will be a 3 phase visitation transition to gradually prepare my child to be with me. Phase 1 - I got my daughter 5 days then they got her 2 days then I got her 1 day then they got her 6 days and repeat. This went on for 3 months. Phase 2 - I got her every other week Wed 3pm to Mon 7:30 pm and every other Wed 3pm to Fri 7:30pm. This went on for 5 months. Phase 3 I was to have her at all times except for they get her 1st weekend Fri 3pm to sun 7:30pm. 2nd weekend with me, 3rd weekend Thur 3pm to sat 7:30pm, 4th weekend Fri 3pm to Sun 7:30 ppm. This phase was supposed to start Sept 1, 2007 and has still not been implemented because of my in laws.
Since the Stipulation my in laws have continued to take her to and make Dr. appointments (and converse with the doctors). They have no authorization to do so and this is being billed to my insurance company. They have made statements to the doctor claiming they have primary placement when they do not (documented). I have been told that this is a federal offense.
Aug 2007 In laws take me to court claiming contempt of Stipulation. In my defense I countered with contempt for taking my daughter out of state without my consent (custodial interference). Family Court Commissioner denied my contempt motion and ordered myself and my in laws to a high conflict parenting class. This class is for divorced couples. They are aunt and uncle and have no rights to my child.. Threw out in laws contempt. Parenting classes halted Phase 3 visitation from going into effect.
Feb 2008 conference between attorney and court commissioner. Agreed no reason why Phase 3 could not start. Less than a week later, upon hearing this, aunt turned me into the county in which I reside for child abuse. They examined my daughter and found no evidence to warrant allegation. The next day I was informed by a social worker in the same county that I was to appear at a hearing for inappropriately touching and molesting my child, again accused by the aunt. There was an investigation that turned out to be unsubstantiated, unfounded, no physical evidence. Not guilty. The investigator said that these accusation were very suspicious ( have report). They did however say that my daughter was suffering from emotion damage and a CHPS (Child in need of protective Services) order was placed upon myself and my daughter. I now have to go through parent counseling, been assigned a parent coordinator and a social worker. I have to see numerous counselors 1 to 2 times a month and twice weekly a parent coordinator and social worker visits. The coordinator and social worker continually tell me I need to manage my anger toward my in laws and try to work and cooperate with them about everything going on in my daughters life. How can I do this when they are constantly trying to put me in jail and take my child from me. This CHPS order again delayed Phase 3 visitation from going into effect.
This summer after school got out I was able to have my daughter for the majority of the month except every other weekend when she would go to the in laws. This situation was working well for both of us and I thought I was on my way to Phase 3 visitation now 8 months over due. November 2008, social worker, who I believe is corroborating with in laws, decided to go back to Phase 2 allowing a 50/50 visitation schedule for no apparent reason. This came shortly after I and a witness reported to the county the aunt for child abuse when my daughter told me the her aunt locked her in the garage in just her underwear for an extended period of time. Temps outside were only in the 20's. The county screened out the report with no investigation what so ever. This Phase 2 schedule has them with her during the middle of the week which disrupts a routine with her as far as school and her overall mental well being. This schedule also has them with visitation for the entire time she is on her Christmas holiday break. I only have her on Christmas eve until 7:30 and they have her for 13 1/2 days after. Where is this good for my child?
November 2008 Within a week after I reported the aunt my in laws served me paper citing contempt of the stipulation. Court hearing was in 10 days. Contempt stated I should do jail time for everyday in contempt or 6 months whatever was shorter and pay a daily fine of $2000 for everyday in contempt. Family court commissioner held me in contempt and said if I did not comply I would spend 15 days in jail (this was Thanksgiving week when offices are closed Thurs and Fri). I was ordered to pay back child support and part of their attorneys fees and sign authorization forms allowing in laws all information of my daughters medical and school information. I am a disabled person on a disability income.
Ever since the death of my ex wife, my in laws have done illegal and criminal actions against me (I have been told this by a number of attorneys, dept of justice and others) Court proceedings always go in their favor. They have a lot of money and are relentless. They continually harass me and take every opportunity to take me to court and put me in jail.
I was in the Navy and worked as a government employee for the US Postal Service for 21 years. I have never had any kind of record of any kind until meeting my ex-wife and her family. I have friends and neighbors who will vouch for my character as a person and as a father. I am at the end of my rope. It has been over 3 years of this. My attorney does nothing for me. This is causing emotional and mental damage to my daughter and myself. I cannot go through the local county court and I have been told that I need to take this to the US Supreme Court. I have been told that there are numerous violations and criminal acts and there are grounds for many civil suits. What can I do to stop this? I would appreciate any advice or help that you can offer to me.
Thank you
Steve Kowalewski
woodsman1032@yahoo.com
