For the Addison Girls, Saige and Madalyn
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$245 Raised
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6 contributors
2 Years running
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After years of a healthy life together, these precious girls have been unfairly taken from their mother's care and from the community where they had grown up. This mother, however, has refused to give up and continues to fight for her daughters. More ...

This is the story of a mother and her 2 young girls. They are currently 13 and 9 years of age.  They were unjustly taken from the custody of their loving mother in August 2012, right before they were to start the next school year at a private school in Indiana, where they had been attending since 2006.  

 

The mother and father were married in Kentucky in 1999 and divorced in 2007, with the father giving the mother sole custody of the children as he voluntarily left the country, as a civil worker.  The mother started a new life and established her roots in Indiana and the girl's lives as well.  They were thriving, well-adjusted children and attended private school, where the mother also taught classes.  They were also members of a local church and community. This fact has been attested to by many of the family's friends here locally.

 

Visitation issues ensued as the years progressed.  The father’s visits were sporadic. Starting in 2009, and until December 2011, supervised visitation was assigned for the father due to circumstances in the case.  (Although, the visitation was ordered to be supervised, the leniency allowed in the supervised restrictions allowed for the father’s immediate family members, including his wife, to supervise his parenting time.) 

 

This, of course, was an unsettling event for both of the girls and their mother.  The girls would often display their upset over having to go to Kentucky for visitation in front of many concerned friends, school staff and classmates here in Indiana.  In December 2011, supervised visitation restrictions were lifted. 

 

It should be noted that the mother requested multiple times that this entire case be heard in Indiana, rather than Kentucky.   These requests were repeatedly denied with little to no basis.

 

Over the next 2 years, there were many issues, like the one I highlighted above in this case and others that should not be mentioned here.  In early 2012, the father petitioned the court to file a motion for sole custody of his 2 daughters.  Again, this motion should have been filed/transferred to Indiana, the proper state of jurisdiction established by the daughter's residence here for six years.  This is in accordance with UCCJEA.  This did NOT happen.  A Family Court Judge in KY did not relinquish the transferring of this case to the correct jurisdiction.  In August 2012, the Judge instead awarded the father sole custody of both girls to take place immediately.  The mother was blindsided that she followed the advice of professionals and was now put in an unfair position because she had done what  any mother would have done to protect her children.

 

This decision literally ripped these girls from their home and mother that day.  Their father did not allow them to return to Indiana for any reason, clothes, toys, pets or anything that would have allowed them some comfort during this traumatizing event. 

  

For 9 long months, this heartbroken mother was only allowed 1 hour/month visitations in a supervised facility in Kentucky and only allowed to talk to her daughters 2x/week for 30 minute increments in a monitored setting by the father. This mother has finally been awarded some additional time with her children; however, she still continues to fight for a reasonable amount of time with her daughters and custody to bring them back to their home in Indiana. Communication between this mother & her daughters continues to remain limited and monitored by the father.

 

Because of the injustices in the course of this fight and specifically the unfairness and injustice of the August 2012 hearing, the mother took this lower court decision to a higher court, the Kentucky Court of Appeals, in November 2012.  Finally, on May 16, 2014, the Appellate Court reversed and remanded back to the lower court for reconsideration.  Their reason for the remand was: The girls (2 of the main witnesses involved in this matter) were never allowed to testify before the court to share their story, experiences, and desires.  The lower court ignored the mother’s requests for additional trial time and testimony and witness accounts. Additionally, the Appellate Court agreed that the time allowed for the trial was insufficient and a fair trial was not permitted.  In fact, the time limitations did not even allow for the mother’s attorney to cross-examine the father.  Based on the reversal and remand opinion of the Appellate Court, the custody of the girls should have been reversed back to the mother at that time, as per the original custody agreement of the divorce, where the mother had sole custody of her daughters.

 

On June 6 2014, the mother filed a Motion for Immediate Entitlement to Custody in order to enforce the Kentucky Court of Appeals reversal opinion.  HOWEVER, on June 10, 2014, the father filed a Motion for Temporary Custody in order to retain custody of the girls.  On June 17, 2014, the lower court, in front of the very same judge in question, temporary custody of the girls was given back to the father in spite of the upper Appellate Court decision.

 

We, as a group of people involved in the lives of this family, feel that there are many issues within this case.  We have read stories of others affected by this judge. We hear of repeated stories of families ripped apart by these decisions. This is just a start and we have interested others to this cause.  There are many attorneys, here in Indiana that also believe this is an injustice to this family and our legal system. 

 

As expected this battle is in need of funding.  We will be fighting for justice.  Your donations and prayers are welcomed.  We understand this battle will be a strong one. But we know we will be victorious!  We will fight for what is in the best interest of children and families who cannot fight.  Please help support our cause and this family.

 

Thank you.

 

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