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Think that it couldn't happen to you......please think again PDF Print E-mail
Written by Scott McMillan   
Thursday, 20 December 2007

I admit that I do not even know exactly where to begin.  I feel as though I have been thrust into a sick and twisted episode of the twilight zone and I cannot change the channel. My rights, the rights of my family (most importantly my 8 year old son)  have all been stripped away.  Please, take the time to read my story........I am open to advice, any suggestions on how to regain my rights. If you think for a moment that any portion of this story is by any means fabricated, I assure you it is not. I will provide you with the condensed version, as I believe I the story in its entirety would comprise a rather large volume of books.

To start, I am a fit father. Unfortunately the woman I initially had married was a promiscuous drug addict. To make a very long story short, she committed suicide when my son was barely five.  Her mother  ("the grandmother" ) saw my son periodically, but never what you would call a routine basis. we had lived in another state (Texas) and occasionally made trips to Tennessee. Ultimately we had moved to TN and she did see him more frequently, at one point in time, her daughter was becoming increasingly addicted and she and my son lived with the "grandmother" for a period of about 7 months while I was working 2 jobs to resolve the debt she had placed on us after multiple motor vehicle collisions and incarcerations.

Almost a year after her death, I met my new wife. She is a wonderful woman who raised 4 great (well adjusted) children as a single parent. We married after a year of dating and she has since adopted my son and she is the only true mother he has ever known.  Unfortunately, this so-called "grandmother" became furious and sued me for "grandparent rights". Initially I did not think this could be possible, as I am the biological father and my wife is the adoptibve mother. This "grandmother" has a documented psychiatric history of being abusive and obviously had issues raising her own daughter who had no boundaries or limits (evidenced by her promiscuous and blantantly addictive behavior).

Prior to the trial, tentative visitation was awarded to the grandmother. One weekend I kept my son home from the visitation. He had a fever > 102 which necessitated a trip to the ER. The physician placed him on an antibiotic and ordered bedrest.  Moreover, my son "begged" not to go to the grandmother's home and is fearful of her. Nevertheless, she filed comtempt charges on me and I am currently facing jail time. I feel I must mention that I have never had so much as one or two minor traffic tickets in my life and consider myself a hard worker as well as a good citizen. The contempt charges have been dangling over my head since last year and I have had to alter my college course schedule twice due to changing Show Cause dates that were again put off.

 The trial was held and I still cannot believe the outcome. I was later told the judge has psych issues as well and is bipolar.  I believe this must be true as there is no other way to explain what occurred at that trial.  The judge literally "SCREAMED" at myself and my wife. She banged her fist on the bench, slammed down her lap top computer and spent the better part of the trial playing with her hair and rubbing lotion on her hands. She refused to allow us due process and our testimony was grossly disregarded. I must also add, that we were hindered, oppressed and never allowed to submit into evidence all of the materials and testimony to support our claims that this "grandmother" is unfit and a seriously unhealthy influence on our son.  Despite the fact that both myself and my wife are exemplary parents the result of the suit was as follows:

 

The grandmother was awarded:

1).  EVERY HOLIDAY, Christmas Eve, Christmas Day, New Years Eve, New Years Day, Thanksgiving, 4th of July, entire spring break, 9 day stretches EVERY summer month, MOTHER'S DAY, FATHER'S DAY, she was not only awarded the holidays.....but the ENTIRE school break of the holidays.  One 3 day weekend EVERY month (4 day weekends when child has off for school conference days etc.)  During the summer there is one month where she will have him for more than 3 weeks. He will only be home for 5 days in that month with us his family.

 

2) The "grandmother's" present husband and ex-husband (although not part of the suit) were also awarded visitation. Keep in mind this "grandmother" is 64, her husband 59.  My mother (age 82) was cut out of any visitation and will likely NEVER see another holiday with my son (her grandson). Both my wife and myself will have no holidays with our son either.

 

Ths grandmother is CONTROLLING our lives, the financial and emotional burden is overwhelming. She has authority and NO responsibility.  There are hard working divorced fathers who pay child support and have less time with their children than she was afforded..............She has no financial responsibility.

Neither my wife nor I have family here, yet we are told we cannot move. We do not plan on staying in Tennessee. This judge has destroyed us and to top it all off.....the "grandmother " asked that we pay all of her attorney fees and court costs...........we are currently on appeal.

Despite the fact the relationship is adversarial and contentious, the judge ordered that the plaintiff be allowed to come to our home. We had previously had a drop off site that was neutral and would not promote conflict.  Keep in mind, we live 45 minutes drive from this "grandmother." 

NOTE:

 My son generally comes home from the visits and is out of sorts for days. He will vomit and cry. After one visit he came home covered with bruises on his lower abdominal, bilateral flank areas, chest wall, and forearms. His buttocks were riddled with bruises. We reported as was appropriate to DCS.   The "grandmother" states that is occurred on a slide although the attending ER physician at Children's hosp states this is highly unlikely.  DCS dismissed the complaint and believed the "grandmother". They did not seem to care that my son has stated over and over she has abused him and has begged to not have to go over to her house.

The 'grandmother" disregards our requests on how we choose to raise our son. She has hindered his ability to pray and also is upset that we said we do not want him on the computer. We feel helpless. We have spent thousands of dollars because of one individuals whims and it is turning our household upside down.......,,,,,,,,,,,

       

                                                                                                                              Scott

**We have since turned the Judge into the Board of Judicial Review for inappropriate conduct. We have been through approximately 3 rebuttals and the judge has hired an attorney to attempt to defend her actions.

A web site had been created by outraged citizens some years ago to have this judge removed.The site was originally created by attorney's and lay persons. After rebuttal #3 was submitted to the Board of Judicial Review, the web site mysteriously vanished. It was www.removesoloman.com

 

As far as our case is concerned, it is currently on appeal. Our appellate brief was due in Sept. 07....the grandmother was given an additional 2 months in which to submit her brief and was given opportunity to check ours out (like a library book) prior to submitting her brief. As this has gone to appeal, the Attorney General will be involved .

 

Last Updated ( Monday, 17 March 2008 )
 
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