Child Custody and Protective Order
N/AOUTCOME: 50/50 Custody and Visitation
Father filed and received a protective order keeping Mother from her infant child, other than extremely limited supervised visits. The child was very young and Mother was distressed to be kept from her ... small child during such an important bonding time. Father claimed that Mother was a danger to herself and the child and convinced the Judge of this. Father produced witnesses at the protective order to testify against Mother. Mother sought counsel after the protective order was granted, and retained Ms. Prentice. Ms. Prentice was able to get an emergency hearing on custody. Ms. Prentice brought in the witnesses who had testified against Mother to admit that they had been listening to Father but had no personal knowledge of Mother endangering her child. One witness admitted that she was angry at Mother for unrelated matters and that she had in fact never seen her put her child in danger. The other witness admitted that her concerns were based on representations made to her by Father prior to the hearing on the protective order and that she did not herself witness any concerning behavior. On cross-examination, Father lost credibility when alleging Mother harmed the child when he admitted that he never sought medical attention for the child. Father admitted to being angry at Mother for committing adultery. The limitations of the protective order were lifted and a 50/50 schedule was awarded.
