Living a real life nightmare

0

Six years ago during a divorce/custody battle my now ex-wife brought up allegations that I not only physically abused her but also sexually molested her young daughter. After what seemed like endless painful scrutiny by child welfare, lawyers and law enforcement, thankfully someone was able to see through the bull and realize it was a ploy to take my kids away from me. In a way it worked because my ex immediately relocated to another state 800 miles away during the investigation and got custody of our kids. I now rarely see them. The damage has been long term. I spent everything I had to get them back or visitation rights and to clear my name. Now I am broke, struggle to find employment, was diagnosed with severe depression, PTSD and severe anxiety and I can barely function within society.

About two years ago I met who I believe to be my soulmate. We discovered we were having a baby and moved in together. Although I struggle with my internal pain I was able to see light for the first time in what seems like centurys. Our baby is now 3 months old and up until yesterday I was living in bliss with my new family.

On Monday I stayed home to care for our baby while my gf went to work. She works two blocks away and came home a couple of times that day as well as got off early. Me and baby slept much of the day and spent a beautiful daddy/daughter lazy day together. My gf came home an hour early and so I went out to the garage to work. About 30 minutes later she screamed for me to come inside and we found something wrong with babys arm. It appeared dislocated. We rushed to the ER only to find her upper arm bone had mysteriously snapped at some point. CPS was called as is standard and we were told not to worry that the case had been investigated and no suspicion of abuse. We were referred to a larger hospital in another county.

The larger hospital also called CPS and next thing we knew we were being interrogated. We thought all would be ok but then yesterday they came back with an officer and interrogated us again separately. Mom was interrogated for over 1.5 hours and then I was in for about 20 minutes. At the end they handed me a document already signed by mom forcing me to leave the home and have no contact with baby or mom.

Throughout all of this there was zero indication or reason to believe I hurt her but to help I claimed throughout that we slept together in bed and I may have well rolled over or her arm got caught. Thing is, I had no reason to think she was in pain and mom found her arm broken after I had gone outside. Mom even had time to give baby a bath and change her before it was discovered. In other words she was alone with baby for about 30 minutes. Also she was alone for a half hour at lunch and also early in the morning. She spent about two hours in all with baby alone on Monday.

I don’t believe my gf could hurt our baby and I thought she felt the same about me. I don’t even spank my kids when they visit. I love my kids and I am a good daddy. But because she was in my care that day I am being labeled a monster by CPS and law enforcement. I have to sleep on a cot at my mothers home. I have no clothes and no possessions, only what I had on me and I was barely given a chance to say goodbye.

Why aren’t they concerned about the mother?? Why am I immediately a prime suspect where there is nothing to say I did anything to hurt her and if I somehow did it was not known and an accident and the same goes for mom as well. From the get-go of their investigation I was treated as the suspect before they even heard either of us tell what we thought happened.

Is it because of the allegations from my ex? They even brought up a charge when I was 14 years old for stealing my moms credit card as if they were trying to smear my character. Ive never had any other criminal stuff except for that. Why did mom get 1.5 hours and I only got 20 minutes to speak? Before I even had a chance to speak they already had a document filled out with moms signature on it stating I was to leave the home. They hadn’t even spoken to me yet!!!

I am terrified. My whole world is flipped upside down,. I am so scared for my baby girl. There are 4 people total living at the home with my baby that are capable of hurting her. Today the police were to call so I can get some clothes from home and its now 11 am and they never called.

Is this right? Is this legal? How can they just put the blame on me without anything supporting that claim? Can someone please suggest what I should do please? Thank you

Category: Tags: asked November 13, 2013

7 Answers

5
I'll tell you right now that it is not right, but it is the way our system works. Law enforcement protocol is to do what's best for the child, even when what they do may not be actually good for the child. Courts are always in the favor of the mother of the child, and that's just the way it is. You need to find yourself a good lawyer as soon as possible though, as they'll be able to tell you the steps you need to take. For the time being though, keep your distance and consider staying away from your girlfriend and baby for now. The less "retaliation" you exhibit, the better your odds are of resolving the whole thing. My brother went though something very similar when the mother of his daughter tried accusing him of abuse. You need to stay calm, and most importantly stay positive. It will be hard, especially because you've been charged with things before, but not impossible. Demand someone listen to you and hear your side of the story.
1
I wish I could give you legal advice or something that could actually help you but unfortunately all I have to offer is words of support.I'm so sorry these awful things are happening to you, hang in there - you sound strong. Use your strength to keep hanging in there. It also sounds like you have the support of your girlfriend - use that as comfort, she believes in you. We believe in you!There is going to be lots of nervous waiting in store. Make sure you look after yourself, it will make it easier to keep going and help you stay calm - eat regular meals, drink lots of water and try to sleep at night.Keep strong *hugs*
0
I'm sorry. I'm so, so sorry. The legal system is set up to screw the father no matter what and I hate it because there are good men out there that want to be fathers that can't... Seek out a lawyer, please... there has to be someone out there that can help you. Stay strong. Don't retaliate. The lies will come out eventually and you will come out in better circumstances if you handle yourself well.
0
Even if you rolled over arm during your sleep there is still no mens rea to accuse you with. Accidents happens and that doesn't make you a bad person. Why dont you also check if you can sue your ex for slander and for actually bankrupting you.
0
Thank you all, thank you so much! Its been a rough week and I was scared to come back and see judgmental and understandably hateful comments directed towards me but none of you did that and it means alot.
I wanted to give a little update:
Thus far, I have still not heard a word from the police officer nor the social worker assigned to my case. My girlfriend did make contact with my mother and filled us in on some details. It turns out (as I should have known) that CPS gave her the option of either I leave or the baby leaves. Certainly can't blame her for her choice. She insisted she is as clueless as I am and made it pretty clear that she doesn't believe I've done anything wrong. She practically begged my mother to relay her love for me and that we will get through this. CPS visited our home (the one I'm banned from) and interviewed her kids, her mother who lives with us and our part time babysitter. She claims no statements were made to make me look any worse than CPS has already labelled me and she supposedly defended my character. Our baby is still at home with her mom.
Despite CPS's supposed "no-contact" order, which we both reluctantly signed and neither of us were given a copy outlining the terms, she came by to visit. The reaction said it all when she practically fell into my arms the second we saw each other. She brought me clothes pictures etc. Now we text back and forth regularly, being careful not to talk about our specific situation by traceable communication.
So far from what she told me the other night and hinted at over the phone, here is all I know: -CPS didn't take our baby away (yet)
-CPS and that police officer walked all through our home, nothing was confiscated -Baby had eye examination for shaken baby syndrome with negative results -There is no bruising anywhere. -My girlfriend has another interview this coming week with CPS -Probably irrelevant but the officer and one of my gf's children share the same class at school -The officer advised he would contact me but never did -I have no contact information for anyone investigating -They made my gf contact my ex-wife for her telephone number -Not one single person has even spoken to anyone in my family or anyone that could benefit me -I take meds and also have PTSD partially due to serving in combat -My first contact the first night, I told the CPS "you ruin lives" (stupid, I know)
They've kept me completely in the dark. Every second is torment with thoughts I will be arrested at any given moment. I have my up's and down's. Some moments I feel assured and confident while other moments I break down hard, so badly my cheeks have large scabs under my eyes and nose from crying so much. I know her side of the family has mixed emotions. Some are trying their hardest to influence her opinion of me. I'm not sure if they know she is talking to me. My family also has mixed emotions about her but have backed down alot after I've defended her tirelessly. They accepted her like family when she stopped over. I've been attending church services now and trying to be around friends and family but sometimes it's too overwhelming. I've read so many awful horror stories about CPS while trying to educate myself but education is critical so I have to stick it out. However, my research with mainly Google has me asking more questions than before. I have no idea how long this will last, what the procedures are, the way this all works. Nobody has told me a word. I'm just lost. I am terrified an arrest is imminent but I have no idea how to find out or prepare myself.
On to the lawyer part. Yes, I need one and I greatly appreciate that advice. The real concern is that I am unemployed and don't make enough from my Veterans disability to maintain my life and pay for legal help. My family is very poor and they are tapped for money. I essentially have nowhere to turn. I keep telling myself, unless I stumble across a large sum of money by luck, I will wait until I am arrested, IF I am arrested, and have to use the public defender. No doubt if this goes as far as my arrest I will exercise my right to a jury trial to lessen any more chances of CPS corruption and strong arming.
I have been keeping a journal, mostly of which is blank considering they haven't even contacted me, and doing all the legwork I can of educating myself on this issue, but unfortunately there's very little information out there, and each state, county and city all seem to have their own way of doing things. Other than my spiteful comments to the social worker during the opening minutes of this investigation, I have followed all of their demands, which was basically leave the home and disappear. My gf called the police officer to ask if we could speak by phone and he said that was OK. I still haven't seen my little girl yet though but my gf has kept me posted and even sent videos of her smiling and cooing.
As far as I'm concerned there is zero evidence supporting the CPS's allegations of abuse. As its no surprise because they always lie, the CPS worker advised my gf that the doctors say this broken arm was impossible unless from abuse. Now, out of roughly 15-20 healthcare workers including three doctors, none of them seemed concerned whatsoever and treated us both respectfully at the hospital. In fact, one male doctor even rubbed my back for so long it actually made me a bit uncomfortable after the doctor saw the hurt in my eyes when I believed it was my fault by rolling on her. He said, "dad, don't take it hard, these things happen". Sure, he may have just said that with a fake smile but unless he has some weird fetish, I don't think he would voluntarily comfort someone whom he believed to break a baby's arm on purpose.
At the end of my interview when I asked why I was the one they were blaming, the police officer stated, "because it doesn't add up". That's all they could give me. Maybe that's all they wanted to give me. He apparently also felt it odd that I couldn't recall how many bottles I fed her and how many diapers I changed that day and at what times yet I could remember what I ate for lunch.
There are a couple of more details that may or may not help me that I'd rather not divulge here just in the unlikely case one of those vicious CPS animals comes across this post. I have to protect myself with what I have which is very little so Ill leave it at that.
I know most of you are probably not lawyers in a position to give any legal advice and this is more just a vent/update than anything but if anyone does happen to have experience in this sort of situation maybe you can answer some of these questions (although I know it would be difficult considering I won't even say what state I'm in publicly but you might convince me by PM if it will help matters):
- How long does CPS typically have to make their next move? - If they are meeting once again at my gf's house next week what could that mean? - If they suspect her at all wouldn't they remove our baby? - If I am arrested will my name be smeared in the media? - Is it a terrible idea to try and convince my gf to stop being so naive and accommodating by voluntarily letting them into her (our) home and openly answering their questions or would that just make me look guilty if she does, in fact, know nothing about how this happened? - If I get an attorney somehow should we hire one together or should I leave her out altogether? - If they twist my words is a counter lawsuit even feasible? - Because I'm removed from the home, can I request more examinations etc. if need be? - If they have no evidence will this really go far? - Should I request a lie detector test to prove my innocence?
I'm concerned about a lie detector test because of all the medication I'm on and I'm a nervous person anyway, I'm afraid I could walk right into an admission of guilt just by that alone.
Anyways, I apologize for these huge post but I am so appreciative just to have some people listen. Thank you all so much for your support. I need it badly.
0
So another update if anyone cares to follow along: It's been two weeks since all of this began. My gf and I are talking still. Last week we thought it was a good idea to have her checked out by our pediatrician. Long story short, we were talking on the phone and she mentioned how bad our baby had been sweating. During a visitation when she took her out of her carseat there was sweat dripping all over her carseat. Literally. Dripping. But lets go back a day or two. We were talking on the phone and she mentioned the sweating when she had been at church one day. I said I never noticed. A few minutes later she stopped me mid sentence and said that profuse sweating is a symptom of brittle bone disease. Now, our little baby has had some odd injuries. She gets these pencil eraser sized bruises and her lips will bleed. We never thought anything of it but thought maybe her lips were dry. On one occasion it was bad enough we went through three rags and considered calling the doctor but it finally stopped. Anyway, we saw some symptoms of a disease and felt we should have her looked at again. Now they find multiple fractures and I get a letter from my doc saying that I have a vitamin d deficiency. I'm still being treated like crap but its looking more and more like she might have a rare bone disease. After some googling we found dozens of cases similar to ours. Also they found some what they said "newer breaks" and I haven't even been in the house. Now the baby is in her aunts custody. I don't know what all the test entails but its been emotional. Im trying so hard to keep it together while also keeping my girlfriend. I think we are all getting paranoid and suspicious of each other. Throughout all of this 3 counties have been involved and all three have different answers on the situation. Its insane and while typing this I believe I am legally insane.
0
I guess I should list some of the symptomsProfuse bleeding Unexplained fractures Profuse sweating collagen deficiency (our pre natal AFP(?) test came back positive) Bone deformities (xrays showed odd lumps and deformities on femurs) I have vitamin D deficiency My dad died of bone cancer (not sure if that has any relation)If anyone cares enough, the disease is called osteogenesis imperfecta. Im not sure how easy or hard it is to disprove. There are varying opinions on the disease and it seems like a mystery to scientists and doctors. Symptoms vary and I haven't found a consistent answer on how effective blood tests etc are at finding it. Needless to say, I am, in particular, terrified. DHS put our baby at my gf's sisters house. My gf can see her but I only get 1 hour supervised visits per week. The same amount as a federal prisoner. I'm just lost.