Dad Seeks Emergency Custody After Learning the Truth ️

[00:00:00]hear me, Dorothy? We cannot hear you.

[00:00:04]>> Hello. I can't use my earbud. Obviously, you guys aren't hearing me.

[00:00:08]>> I can hear you now, so we're good.

[00:00:10]Calling.

[00:00:10]>> Yes, I know, but I'm trying to make it so only I heard the court and not everybody in the house.

[00:00:16]>> Okay. Calling my earbuds. 242842 DM. Anthony Lane versus Dorothy Lane.

[00:00:23]Today is Monday, October 14th, 2024 at 9:36 a.m.

[00:00:28]>> Court will note the appearance of Miss Henderson on behalf of the plaintiff.

[00:00:32]This matter is before the court on the plaintiff's motion for temporary custody, parenting time, and support.

[00:00:38]Miss Henderson.

[00:00:39]>> Good morning, your honor.

[00:00:41]>> This case is somewhat unusual. Uh the parties have been separated for over 5 years and actually have a U DS case that is now closed. However, the divorce was actually never finalized. So, we were directed by the court administrator to file a new divorce case and a motion in that case. The parties share two minor children. One of them is about to turn 18 in the beginning of uh 2025 and they share a 9-year-old daughter, Trinity.

[00:01:10]And pursuant to the case uh in um the support matter between the parties 2019 3226DS, Mike Lion has sole legal sole physical custody of the minor son of the parties and then the um defendant in this matter has sole legal sole physical custody of the party's minor daughter.

[00:01:35]Subsequent to the um filing of the initial order in that matter, there was a order establishing parenting time that entered in 2023.

[00:01:48]And since that time, specifically in October 2024, right before we filed for divorce, there is an ongoing CPS case involving the defendant in this matter who was substantiated for physical neglect, medical neglect of the child um as well as deplorable living conditions.

[00:02:10]And the minor child of the party's trinity was safety plan outside of the mother's home. And due to mother having sole legal, sole physical custody at that time, mother insisted that she be placed with third parties rather than her father who has uh appropriate living conditions at this time and has no allegations against him. Since the filing of our case, your honor, as of the end of last week, Families First is in defendant's home and they're working on reintegration of the child with the mother and also providing some services for the mother. The mother still does not have transportation. The child still has lice. She is in need of immediate medical and dental attention due to severe tooth decay.

[00:03:02]and we're asking for Trinity to be placed with the father pending the resolution of this case. We're asking for continuation of sole legal, sole physical custody for Mr. Lane for the um older child of the parties, their son.

[00:03:21]We're also asking for him to be granted sole legal, sole physical custody of the daughter pending this matter. We understand that the court may uh want to have an evidentiary hearing and we would be prepared to do that. But we contend that due to the recent development uh regarding the defendant's home uh as well as her romantic relationship with who Mr. Lane believes to be a registered sex offender. Um, further, uh, Miss Lane has an adult son who also has some, um, uh, registered sex offender, according to my, uh, client, or some deviant sexual behaviors that he is aware of.

[00:04:02]All of that in totality would constitute proper cause for the court to revisit custody and parenting time for Trinity.

[00:04:10]We're asking for um that to be considered at this time, your honor, for Trinity to be placed with her father and for the parenting time to be uh granted for the parties in accordance with the safety plan and the ongoing CPS case recommendations.

[00:04:30]Further, we are asking for any parenting time exchanges to occur at Battle Creek Police Station due to a highly contentious relationship between the parties. Now, I understand currently Miss Lane does not have any transportation and until she does have transportation. and my client is willing to pick up um at her home, but going forward once she obtains transportation, we would like for the exchanges to be moved to the police station of the parties uh of of Battle Creek, I'm sorry. Um further, we would ask for the child support to be ordered in accordance with the formula. My client is employed full-time at Walmart was stated his gross bi-weekly income. To my client's knowledge and belief, defendant is not gainfully employed and has carnival work when it's available. Uh, and we would ask for her to be imputed at $15 an hour, 40 hours a week. The child currently has medical insurance provided by my client. She also has secondary Medicaid insurance. Uh, there is a dire need for her to see a dentist as soon as possible. Um, due to no transportation, we are uncertain how Trinity would be getting to school because it's our understanding she is not attending school in the district in which defendant resides. My client would be able to take the child to school, make sure she is attending school. Um, and for all of those reasons, we're requesting temporary legal and physical custody to be awarded to my client to continue sole legal sole physical custody of the older child. uh with Mr. Lane or >> this divorce hearing takes a dramatic turn when the father asks for emergency custody of his 9-year-old daughter. His attorney cites a CPS investigation, allegations of neglect, poor living conditions, and concerns about individuals connected to the mother's household. The court finds enough concern to schedule a full evidentiary hearing before making any custody changes. parenting time in accordance with the CPS ongoing guidelines and order child support in accordance with the formula. Your honor, thank you.

[00:06:39]>> Thank you, Miss Lane. What's what's your response?

[00:06:43]>> Um well, my response is I a lot, your honor. Um I um have Trinity actually in my care. Trinity uh was given back to me. Actually, I could have got her back Monday, but I waited until her dentist appointment that she had scheduled Tuesday.

[00:07:02]um to take care of her dental problems.

[00:07:05]And they're going to be running a test actually for perodontal disease that runs very highly in my mother's side. I just recently found out from my aunt that's involved like at least seven of my family members on my mother's side who are still living who had had uh perodontal disease which causes teeth decay even with people who brush and floss and take good care of their teeth.

[00:07:30]She goes to the dentist yearly to get her teeth cleaned and to get her fillings taken care of if she needs any.

[00:07:37]And um she has been in my care the whole time since I've left Tony.

[00:07:47]Uh Trevor wanted to go with his dad and that was fine, but Trinity has been wanting to be with me. our visitation.

[00:07:55]He I had set for open visitation back in February 2020 and he went back to get uh things changed cuz he wanted to cut her hair and I wouldn't allow it because it was be above her shoulder and she wanted it to be longer.

[00:08:14]And at that time they were going to issue him Wednesday and Friday 4 hours visitation. and he told them he can only do one day a week because of their aggressive dog at their home. Um, he says he now lives at the girlfriend's house. I do not know because uh the address he gave me is a false address.

[00:08:36]Um, because I asked if he is going she is going to the other party's house, which I am not against her going to her house. I just I am very um I don't I like to know where my kids go, you know, even when they go to a friend's home, you know, I like to know the address. I like to know where they're at in case of an emergency.

[00:08:56]And um with behaviors he has uh pointed to me. Uh it makes me concerned. So I just like to know the address because he's threatened to kidnap her and take her to that address prior this year.

[00:09:09]Um Andy has kidnapped her one day uh last year. Um I am making an appointment for her to get her uh she has to get a root canal which is why I'm uh getting her tested for the perodontal disease because there are zero reasons for her to have to be getting this root canal because at the last dentist appointment she had a small cavity on this tooth and it did nothing to obtain a root canal.

[00:09:38]now. So, my aunt uh let me know about this disease. So, I'm getting hold of dental dream and going to have her tested for that. Um she gets her eye doctor yearly. Uh CPS has ordered a bed for her because I'm in the process of looking for a home. And as far as income, I do I'm on long-term disability because I had my posterior tendant remove uh surgery, sorry, done twice on my left foot.

[00:10:08]And because I cannot be on my feet for eight hours straight, my job at Tentacle said that I no longer employed there, but they put me to long-term disability.

[00:10:18]And once I can be on my feet for at least eight hours, I can get my job back with them so I've been doing physical therapy and um so I can strengthen my foot and I have to wear an ankle brace to help support it.

[00:10:34]Um, I get I'm working on getting my food stamps back. Uh, they had uh my mail is being rescended back to them from my old address before I came to my mom's address, which my mom's house is significantly, oh my goodness, so much better. We have hot and cold water running to the showers. We can take showers now. The sink and tub works upstairs. The toilet works upstairs. The house is fully clean. CPS was totally surprised in there. So, she has her own bedroom.

[00:11:10]Um, like I said, she's been in my care this whole time. And this whole thing started because he doesn't want to pay me child support. He's told multiple people.

[00:11:23]The fact he's even told me for the last six years of our marriage that he didn't he would not pay me child support at all. I would tell you the mantra, but I don't think you want to hear it. I hear it every day in my head.

[00:11:36][snorts] Um, overnights are allowed and um my I talked to a lawyer and she has me um having some stuff that she wants to make sure I bring up to your guys' attention. And so I'm just making sure that I hit everything that she had spoken to me about because I was not served in enough time to actually get to me in a lawyer.

[00:12:05]So I was able as far as because it was a domestic marriage for me and the children physical, mental and verbal uh abuse. I had to go through uh Safe Place. Uh legal aid told me to go through Safe Place legal services to be uh screened to be sent back to legal aid.

[00:12:30]Um and they finally went through that process and that's how I finally got to legal aid. Um, >> the mother strongly denies the allegations, arguing that her daughter is back in her care and receiving medical and dental treatment. She explains that she's on disability, recovering from foot surgeries, and currently living with family. According to her, the father's real motivation is avoiding child support, not protecting the child.

[00:13:01]>> Okay. Anything else, ma'am?

[00:13:04]Um, yes. Tony himself is actually a CFC.

[00:13:08]Uh, my it uh was Sponge, but there's still sites that you can find it on because my cousin Laura found it. Um, I've never let my boyfriend watch Trinity and um I don't let Randy watch Trinity because Randy is autistic.

[00:13:29]Um, >> ma'am, just in that regard, are those individuals or Mr. Wright and Mr. Britt, do they have are they registered on the uh sex offender registration?

[00:13:40]>> Uh, Randy is not Randy was found criminally and mentally incompetent. So, Randy was not charged of nothing. So, Randy does not have a record, your honor.

[00:13:50]>> Um, my boyfriend, it was a teenage teenage uh thing, your honor. And what my understanding is is that he was charged of raping his girlfriend who he was having consensual sex with, but she was caught having sex and to cover herself. She yelled rape.

[00:14:09]And as far as the other girl, I understand that she was the younger sister who had a crush on him and he would not was not giving her any, you know, time or day because of her age.

[00:14:20]And she did the same thing her sister did. And so that's how I was understanding that that obtained. It was not a minor child teenager unlike her father. So I but I for um his safe for his safety actually we we I just I don't let I don't leave Trinity with him. You know Trinity and him have a good bond.

[00:14:45]But uh no, I just just because I don't want Tony to ever if Tony ever says he's going to accusate anything. If T Cody's never left alone with her, there's no reason anything can ever be said.

[00:15:01]>> Okay. Well, >> and he never punishes her. He doesn't physically punish her at all. He's never physically punish her. And that again is on his safety side >> because I don't want no accusation get put towards him. So, I am the only one that disciplines her. And my mother babysits, my daughter, my 21-year-old daughter babysits or my aunt Rosie has babysitted. I have other people in the family that I have babysitting her than um him. And that's not because I don't trust him, your honor. It's because it's more his safety so that uh people can't accusate anything towards him, if you understand what I mean.

[00:15:38]>> Okay. Well, in this case, the court is not going to change custody without an evidentiary hearing. The case law is very clear that the court can't do that.

[00:15:47]So we'll have to schedule an evidentary hearing. There is sufficient allegations to meet the market threshold for an evidentiary hearing. The court will likewise uh note from what Miss Lane has stated that she's on disability. So at this point the court can calculate we will at some point in the future calculate the support based upon her disability.

[00:16:11]The exchanges can continue to occur at her home. If she does not have transportation and then at times she does have transportation, they'll handle that at the Battle Creek Police Department. The court is however going to order in this matter that neither Cody Wright nor Randy Brett will have any contact with the minor child when the child is in the uh defendant's custody or care. So, ma'am, what that means is they cannot have contact with her. You said you're not leaving them alone. That's not what it means. It means they can't be around her, etc. Uh, when the child is in your care, if the child is >> May I ask, >> if the child is with the plaintiff, let's say a weekend, you can have all the contact you want with those individuals, but uh they cannot have any contact. They can't be in the home. They can't have contact with her when when she is in your care. I told him, ma'am, I don't >> I don't understand why on your because um >> because I just said so why that ma'am obviously they're on at least the one the boyfriend's on the sexual sex offender list and the child is not court is not going to have the child in contact with him at that time.

[00:17:28]>> I understand I have a comprehension problem. Sorry, your honor. I was just trying to understand exactly why because um you said something about Randy and Randy has been expuned. He does not have a charge or nothing against him.

[00:17:40]>> Well, it may be and you said that that was a result of him not being uh >> he has autism due to >> he did not have the capacity but notwithstanding that the court's going to order that he not be around the child.

[00:17:52]>> Yes, sir.

[00:17:53]>> Okay. That'll be the order. Miss Henderson, you can prepare that and then we'll be in touch with you about setting up a a time to have a hearing.

[00:18:01]>> Thank you, your honor. And would um the hearing be with you, your honor, or with the referee?

[00:18:05]>> With with me.

[00:18:06]>> Okay. Thank.

[00:18:07]>> While refusing to change custody immediately, the judge imposes a major restriction. The court orders that two men connected the mother's household have absolutely no contact with the child pending further review. The judge makes it clear that the child's safety comes first and a future evidentiary hearing will determine whether custody arrangements should change permanently.