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From: Rita Jones
Date: 13 Sep 2003
Remote Name: 188.8.131.52
I am writing this for some advice and guidance.
My name is Rita and my husband's name is Steve. We live outside of Dallas Texas and we have been raising our Granddaughter, Kayla, for most of her young life. At two years old Kayla's natural mother, my daughter, took her away from us to live with a man in Arkansas. We received liberal visitation rights and was settling into them when Kayla made an outcry at age 3 1/2. And Yes we took her to all the proper agencies and doctors and they all stated that she had been abused, and sexual abused. So the Texas courts gave us temporary custody of Kayla and we had her for 2 1/2 years, until just last June of 2003 her mother hired a slick lawyer and got her back before we could get our breath, and never took into consideration that the boyfriend that had been abusing her was still in the picture. Now she was gone and we were to receive one weekend a month visitation and two weeks each summer.
Now the trouble really got started. While on her second visitation Kayla told us that Darrell had moved in again and he was hurting her and her threw her against the wall. And lots of other little bad things but not enough for us to make a call to the authorities. While in Fayetteville, AR, where she lives, we stopped by the police dept to find out if and when Kayla should use the cell phone we provided for her and her mother to call us, if she called 911 would the police know where to find her because the phone number is from Dallas area. Upon talking to the police, a sergeant with the juvenile dept, he looked up the abuse charge from two years ago and could not find that it had been investigated! Apparently the officer assigned to investigate the crime in Arkansas never did the job and later took a deposition stating after his investigation he could not find enough evidence as to a crime being committed. We knew something was wrong when he would not take into consideration all the CPS reports, Dr's reports, Forensic Investigators reports, and the therapist reports. He basically stated that they did not mean anything since they came from Texas and not Arkansas.
Now back to the officer who looked up this report. He was in shock that this happened and called in other investigators to look at this, and they reopened the criminal case again. We were sent to file for a FINS hearing in a Juvenile court there, and we did what the officer and the CPS told us to do. We where told it would get Kayla her own attorney and get her some help, like counseling and social workers looking out for her. And now the police started the reinvestigation, and the mother was told by the clerk from our court house here in TX about it also. (that is another problem, when a clerk takes it upon herself to contact lawyers and people as to what is going on, and told me "wait until she tells the judge what we are doing")
Three thing are happening here. 1. Tonya's lawyer here in Texas is trying to stop the FINS hearing on some technicality and our new lawyer in Arkansas is fighting to get us heard for Kayla's behalf. 2. Tonya's lawyer here in Texas has filled a restraining order against us and a motion to take away all our visitation of Kayla. 3. A CPS worker in Arkansas has been trying to find recent evidence of abuse (which Kayla will not give them) and she has been talking to the police to keep the investigation going. and 4. not to forget that the judge we will be in front of for the restraining order and our visitation rights has been told that we are crazy and other untrue things and problems by his clerk.
That is where we stand today. We are wondering why the police hasn't made an arrest, when Kayla told them that the abuse did happen and confirmed it, we were told this by three different officials there that talked to her. We were refused our court ordered visitation before the restraining order. And we have found out that through a mistake on her attorneys part that the restraining order on Tonya letting Darrell, the molester, anywhere near Kayla is still enforceable. And the police have stopped communication with us and we are told that they were disagreeing with each other on what to do next. Everyone has stopped talking to anyone, and us. We don't know for sure but we suspect that the police might be busy covering the tale of the officer to keep them out of trouble. The mother has moved in with Darrell to a very secluded house on the woods and can not be reached easily. And we have had no contact with Kayla for over a month.
We know this is really complicated problem and we are living in this nightmare. We also know getting the mother on being a "bad Mother" would be very hard unless you take into the consideration that she has put Kayla back into the hands of the man that abused her two years ago.
We are living in a living hell. And some days we can't see the light of hope anywhere.
So that is our story and I really don't know what you can say or what advice you can give us that might help. We can't give up on Kayla's safety. Yesterday a CPS worker here in TX told me that a real Grandmother doesn't give up. WE ARE NOT GIVING UP, just right now we are out numbered, and out on a limb. And I am desperate for help.
And to top it all off we have the dreaded title in the courts of being "The Grandparents"!
Rita and Steve Jones Texas firstname.lastname@example.org
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