Mom Claims Everyone Is Wrong — Judge Permanently Takes Custody Away

Added: 2026-06-03

[00:00:02]Um, yes, sir.

[00:00:04]>> All right, then we're ready to proceed.

[00:00:06]I'm going to, even though this was initially begun as a child support matter and Miss Huitt was listed as the plaintiff, the matters that we now are dealing with are all brought by your client. So, we're going to allow your client to have the first say in the matter. He'll proceed. He'll have the burden to show what needs to be done in the case. So, Miss Hendendrickson, do you wish to make an opening statement?

[00:00:34]But the case that's going to be heard will require testimony. And as a result, if you are going to be a witness for either side in this case, you must go outside of the courtroom and remain outside of the courtroom until you're called to testify. You are prohibited from discussing the testimony of any other witness with anyone or from watching the proceedings which are being live streamed on YouTube. And violation of that order would not only constitute contempt of court, but it would bar you from testifying.

[00:01:02]All right. If you're a witness, you must go outside.

[00:01:06]You have witnesses that need to go out.

[00:01:20]Judge, I would request the 12-year-old, Miss Sophie, also um I'm not sure if she's going to be called to testify.

[00:01:29]>> Not testify. Okay, >> that's fine.

[00:01:32]>> So, whoever is in this courtroom is not going to be prohibit is not going to be allowed to testify unless they're a party at this point. So >> judge just just to clarify um the contempt actions that we filed previously those have been dealt with.

[00:01:46]So the only thing that's before the court is our basically the final hearing the establishment of parenting plan. And so I'm hoping that it will not take very long today. And so just just a brief uh >> procedural history since this case has been going on since last year. Uh, as you've stated, judge, uh, back in March of 2024, um, my client has, uh, filed a petition for paternity in response to a child support action that was filed against him where he was ordered to pay $800 per month. In May of 2024, he was confirmed as a biological father following a DNA testing. And then in July 8th of 2024, he uh filed a motion for temporary parenting plan on the basis that Miss Uit was not um being cooperative with visitation time with him. And that was heard August 31st of 2024 where your honor ordered supervision at the mother's home. And I believe that this was largely based on the fact that the mother claimed that the child has medical issues, heart conditions, nonverbal autism, and things of that nature. And so you were not comfortable with father having unsupervised visitation at that point. And so father attempted to have visitation from August 31 all the way to November 19 when we had when I was uh hired in this case from from August to November father had difficulties with this supervised visitation resulting in us filing for contempt actions and the motion for Christmas visitation.

[00:03:35]Uh that was her November 19 and your honor did allow my client to have unsupervised visitation uh overnight that was uh for the Christmas time but kept the same uh visitation for my client and that day also the mother maintained all of her claims that the the child uh had some rare condition. He was going to therapy throughout the week. He was getting speech, OT, ADA, physical therapy.

[00:04:11]And so based on that again, um my client stayed in that same uh visitation.

[00:04:21]And so then um we fast forward to January 29. At that time, I had subpoenaed all of the medical records and the TEI as a Tennessee early intervention records and uh the school records and we had a hearing January 2029 resulting from our motion to uh appoint my client as a temporary parent, primary residential parent. At that point, we were so concerned of what we found. And in that hearing, judge, you did found that Mrs. U had delayed access to certain services with TEIS for about a year. Physical therapy, speech therapy, developmental therapy. There was an opthalmology consult that was not done for months. Uh he had Ashton had a cardiology appointment that was not done. while baby checkup and that's in the order judge. And so at that point um your honor did not find that Miss Huitt was credible in her testimony and you appointed my client as the temporary primary residential parent and then awarded Miss UIT a weekend visitation and the child support was suspended at that time. February uh 25 of 2025 of this year, uh Miss Uit then hired an attorney.

[00:05:59]We had to file a second criminal contempt because at that point your order was for Miss Uitt to return the child after her visitation uh to Mr. Fenton. And uh by May of May 14 of 2025, you heard two motions, actually three motions. All of my contempt motions and Miss Uit's motion to reconsider the January 29, 2025 motion. You denied that motion to reconsider and then you found Miss Uit guilty of two counts of criminal contempt. specifically that was 2 days in February where she uh refused to return the child and you had suspended the 20 days of incarceration at that point. And then you also judge modify the pickup time from uh 2:4 p.m. and my client was supposed to pick up so that way uh we prevent you know further issues. And then also on that day uh we were supposed to be heard on this motion uh for the permanent parenting plan. But because your honor was uh considering the fact that the lawyer was just hired that time that you were giving him some time to get acclimated with the case. Uh you continued that and then here we are today.

[00:07:30]Um and so judge, our goal is to finalize this case and um finalize the parenting plan. Um and also Miss Uit uh obviously the his lawyer had withdrawn by July of 2025.

[00:07:49]It's been over uh well over the 30-day period that you gave her. So she's she hasn't hired a lawyer obviously. Um we had filed a proposed permanent parenting plan initially but that has now changed and so I am going to present an amended one just based on the recent events that happened in the interim from May when we were here to uh today. Um the proof will show that Ashton he's four years old now. He's done tremendously in a good way. He's gone to school. He's updated with all of his medical needs. He has been adding to his vocabulary, which is great. Um, he's gaining friends. He's very close with his teachers. He's just overall has become uh healthier. Um, his eating habits are better. And so uh it it's been great for this child since father has taken over the overall uh decision making. Um in contrast judge mother continues to engage in hostile communication with my client. She's making derogatory comments. Um so mother's visit started February 7 of 2025 every other weekend.

[00:09:15]So she would have had 15 weekends from that time. Out of the 15 weekends that she was awarded, she only exercised five.

[00:09:28]Out of that five, the last day she had only exercised one overnight because the following day the children had to be taken to the grandfather's home. the DCS was was involved, police was involved, and we'll get to that. So, we have the police officer as well subpoenaed to testify.

[00:09:51]Uh the very first uh weekend that mother exercised her visitation on February 7, um that was when you found her uh guilty of contempt because she refused to return the child to the father. February 21 was the second incident of instance of her visitation. The same situation, refused to return and my father had to I mean my client had to drive hour and a half uh to Tennessee to pick up. And so that was another contempt finding. And then um she visited May 30. Uh she was late but my client accommodated. It was supposed to be 400 p.m. but she came at 6:30. And then the next one was June 13. And then the last episode was August 8th. And August 8th was the day when the DCS and the police uh were involved in the situation.

[00:10:49]Um the proof show that August the 9th, Saturday, the Department of Children's Services were called. There was a anonymous call put in. Apparently, uh Sophie, the 12year-old was who is the other daughter of Miss Hwitt, had made some complaints of abuse. Um there was some aderal situation there that will come out in the proof. Um the environment itself was the the house was unkempt and we will have photos to show of that. There was some environmental neglect allegations.

[00:11:29]Um and so uh it resulted in the children being taken to the grandpa's home and then my client got a call from the police department, Dixon Police, uh department asking him to pick up the child and so my client had to drive again. He was in on vacation at that time on a Saturday to pick up his child.

[00:11:50]So the the uh visitation was cut short.

[00:11:54]Um all throughout from February to today, mom has never checked on the child, never sends any message to dad what's going on with Ashton. Maybe she doesn't have a ride to pick up, but doesn't even initiate any videos calls whatsoever. Um, in contrast, my client has been cooperative, bending over backwards to uh accommodate Miss Uit.

[00:12:25]And so, judge, we we do have a lot of concern. And the other thing is the diet that's being fed to Ashton there. It's going to come out as well in the proof.

[00:12:35]And so I know that it is very drastic but in our proposed permanent parenting plan of course we were asking that Mr. Penton remains the PRP with exclusive decision making is doing a great job. Um our concern is Ashton if he continues to stay in this environment that's uh the environment is not healthy and we'll show the photos. Um and the other things the situation with Sophie uh it appears that Sophie has been tasked to take care of Ashton every time Ashton is there and mother just does not participate.

[00:13:19]Um, my client is asking that mother's visitation just occur in the county where he lives right now instead of overnight unless Miss Uit can show otherwise that she's fit and um capable. And we're asking Friday from 5:00 p.m. to 8:00 p.m. Saturday and Sunday 8 a.m. to 6:00 p.m. And these are the same schedule that Mr. Fanton had when when he had to come here and so I feel like it's only fair that she gets the same and we're asking that mother is to pick up and drop off from Mr. Fenton's home. Um we ask that that applies daytoday and then for the summer um my client is asking that he gets at least two consecutive weeks for the first and second months of the summer if the child support is assessed against the mother which I believe it will when I calculated it. I um I do not have credible evidence of her Miss Uit's income just because I've not received any discovery responses that I profounded whether she was prosay and whether she was um represented and so we would ask that the income be imputed for the child support regulation. However, uh, Miss Fenton does acknowledge that Miss Uit will incur travel expenses and he wants her to see the child and so he is willing to wave whatever child support if any is assessed against uh, Miss uh, UIT. He will provide the uh, insurance. he he will continue to do that and then um we're asking that he claims him for the tax purposes. So in summary, judge, we're asking if we apply the best interest factors here, it's it's truly unfortunate that we had come to this point. We were hoping that things will get better, but instead it got worse.

[00:15:30]And so we're asking that when the court applies to best interest, it finds that majority of them favors my client and that um he remains the PRP and that no overnight visitations be awarded to this UIT at this point. Um that's what I have judge. Thank you.

[00:15:52]>> Miss you are representing yourself uh your prior attorney having withdrawn.

[00:15:57]You have the right to make an opening statement, but I'm going to give you a chance to testify. Do you want to just reserve your what what you want to say to when you testify?

[00:16:07]>> Um, I I would like to get a few things straight.

[00:16:11]>> All right, then come on up to the podium and you can tell me whatever you want.

[00:16:14]This this opening statement is not evidence. The evidence will be presented in the form of testimony, but I'll give you a chance to respond to what uh Miss Hendrickson has said.

[00:16:28]Ashim was never um out of school or um he was he I've got his school work, his attendance, his IEPs, everything, his doctor's appointments. Now, his um cardiologist switched to different companies.

[00:16:50]So, we were in the process of switching from Dr. Brun's uh pediatrics cardiology to another one.

[00:17:00]Um but I've got all his school I've got a school pictures. He was getting ABA.

[00:17:06]PE uh a ABA physical therapy, occupational therapy, everything in TEIS from birth. There was never a gap except when I switched from TEIS to the Dixon County Board of Education.

[00:17:27]And I mean there wasn't like a month left or a week or we just switched.

[00:17:35]Um >> now you have your daughter here to test.

[00:17:41]She's not going to testify because she's in the courtroom. Why do you have her here to sit in for and listen to the testimony that's going to be >> I'm not she she wanted to come for >> you think it's in her best interest for her to listen to the things that you've heard Miss Hendrickson what she says that they're going to present. You think it's in your daughter's best interest for her to be sitting in here and listening to this?

[00:18:06]>> Now I know. No, I don't think it is.

[00:18:10]>> Well, then let's have her step outside and sit in the >> Yes, sir. There's a lobby area that's quite comfortable. She'll be able to see >> my cousins out there.

[00:18:18]>> All right, I guess that's all I have to say right now. I don't know what else to do.

[00:18:23]>> All right, just have a seat. Mr. Fenton bears the burden of showing why he should be the primary residential parent on a on a permanent basis. So, we'll go ahead and let him present his proof. Mr. H. Anderson, you call your first witness.

[00:18:44]Yes, thank you.

[00:19:09]Officer, if you'll step right up here, please ask you to raise your right hand. Be placed under.

[00:19:32]Pull the base of that microphone up towards you there. you that that base will slide if you you can pull the base of it towards you.

[00:19:41]>> I think that's good.

[00:19:44]>> Thank you. Good morning, officer. Would you state your name for the record, please?

[00:19:48]>> Officer Brandon Lever, Dixon Police Department.

[00:19:51]>> Okay. So, you're employed with with the uh Dixon Police Department. Is that right?

[00:19:55]>> Yes, ma'am.

[00:19:56]>> And what is your position there?

[00:19:58]>> Uh patrol officer.

[00:20:00]>> Okay. And um do are you um familiar with the parties sitting here today?

[00:20:06]>> Yes, ma'am.

[00:20:07]>> Okay. And did you come upon them on August the 9th of this year?

[00:20:12]>> Yes, ma'am.

[00:20:13]>> Okay. And then will you tell the court what was the reason for your um so you had an interaction with which party?

[00:20:21]>> Uh Miss Huitt.

[00:20:23]>> Okay. And so tell the court why um you had an interaction with Miss Uitt. Um on the 9th we received a uh from dispatch a complaint and calling in asking or reporting poor living situation for the children. Uh she asked that we do a welfare check. I spoke to her a little bit um just explain to her what we could do. We could do a welfare check on child and she asked that we do do that.

[00:20:50]>> Okay. And who had made that call?

[00:20:56]>> As I believe it was the if I recall correctly, it was the aunt of the Miss Sophie.

[00:21:07]>> Okay. Okay. And then so uh and what happened next? Did you proceed to uh >> So, we proceeded to 313 Martin Luther uh made contact with uh Miss Sophie and I'm not familiar on the other child's name. Um the little boy that was there with her.

[00:21:28]>> Okay.

[00:21:29]>> Uh we made contact with them outside um and asked if they their mother was home. She I believe she called her mother on the phone and then I went inside, spoke with the mother and officer Martin stayed outside and spoke with Sophie.

[00:21:50]>> Okay. So when you got there, um did you testify that you encountered Sophie and the little boy? Is that right? Just >> Yes, ma'am. They were two of them.

[00:22:00]>> They were outside and the little boy was playing in a pool with some bubbles and mother was inside.

[00:22:07]>> Okay. And then so um did you talk to to Sophie or who did you talk to first?

[00:22:13]>> I talked to mother first.

[00:22:14]>> Okay.

[00:22:15]>> Miss Huitt.

[00:22:16]>> Okay. And then so did you go into the house?

[00:22:18]>> Yes ma'am.

[00:22:19]>> Okay. And what did you observe as you were uh there uh in the house? I've observed clutter, uh chemicals on the floor, trash on the floor, um open baking soda in the uh bathroom, the middle bathroom, uh clothes all piled up in the child's room, food. Uh their kitchen was very dirty. Um there was canned food in there. Uh I believe there were some snacks and stuff for them to eat. The um >> you go ahead.

[00:22:58]>> Okay. Um the freezer was stuff full of just random things. Uh very dirty as well.

[00:23:06]The fridge didn't have a light in on it.

[00:23:08]Uh it was barely working. So, a lot of their stuff was in the freezer. Um due to the fridge not working, but she reported that she did tell her landlord that, you know, she's having problems.

[00:23:21]Um >> Okay. but they had not responded yet.

[00:23:24]>> Okay. Um, you were handed those photos.

[00:23:27]Are they familiar to you?

[00:23:29]>> Yes, ma'am.

[00:23:30]>> Okay. If you would just go over those and do they uh fairly depict what the uh condition of the home was when you were there.

[00:23:54]So the they do the the picture of the kitchen that was taken at this point the mother had already started cleaning up.

[00:24:04]>> Okay. Okay.

[00:24:05]>> So it was even worse than what this picture is. Yes.

[00:24:10]>> Okay. And you testify that you saw cleaning cleaning uh materials and chemicals that were >> there's bleach 409 Ajax baking soda everything within a child's reach to get to it.

[00:24:23]>> Okay. and judge I would um ask to uh put that in an exhibit the collective photos >> recommends exhibit one >> and so in your mind is do you have children?

[00:24:37]>> Yes ma'am.

[00:24:38]>> And as a father in that environment do you believe that that's uh um safe for a fouryear-old to be in?

[00:24:49]>> No ma'am I do not.

[00:24:51]>> Okay. And then so um are there is there any other uh observations that you would like to tell the judge as far as the home environment is concerned?

[00:25:02]>> Um I do believe that uh DCS does need to get involved inside that home with other children. Uh and I know we're here about the the little boy. Um, but the Miss Sophie reported to us that the mother every time DCS would come and they would leave, she would uh abuse her, call her names and smack her wrist. Uh, she ended up grabbing her wrist so hard she has a little cut on her wrist. So then, >> how old was this John?

[00:25:34]>> 12.

[00:25:35]Um so the initial report was for Sophie but then we made then we realized that father had primary custody over the son so we sent him with uh grandpa and we uh convinced mother to let 12-year-old go with grandma as well.

[00:25:53]>> Okay. Um is there any uh issue about maybe uh drugs and things of that nature? Was that discussed? So, uh, Miss Sophie, the daughter, the 12-year-old, advised that they her and Miss Hwitt are prescribed aderall. Uh, I believe Miss Huitt has a slow release slow releasing aderall and uh, Miss um, Sophie has a fast releasing aderall. Uh, her mother started abusing her prescription of Adderall. She went back to the doctor, advised them of it. And due to that the doctor stopped the medication for aderall for the daughter according to the daughter statements.

[00:26:35]>> Okay. And so have you been uh back into the home after that day that you have visited it?

[00:26:41]>> I have not. No ma'am.

[00:26:43]>> All right. And as far as you know, do you know anything about the DCS situation? The case?

[00:26:48]>> I have not followed up with it. Uh I do plan on asking uh I think their case manager is Misty. Okay. um how is it going? But uh they don't they haven't called me or asked me anything about it.

[00:27:01]>> Okay. And so but that um situation resulted in the two children being um uh moved over to the uh maternal grandfather. Is that right?

[00:27:15]>> Yes.

[00:27:15]>> Okay.

[00:27:16]>> To his dad, I believe. Um we requested DCS to come out that day. Okay.

[00:27:22]>> Uh they did not find it.

[00:27:25]probable to come out enough reason to come out.

[00:27:29]>> Okay.

[00:27:29]>> Um so they spoke with Miss Hwitt and they spoke with and we kind of Misty I believe convinced her to let Miss Sophie go with the boy to their grandfathers.

[00:27:42]>> Okay. So there was enough concern there that you all decided to um have the children taken away from >> due to the statements of the child of what she was saying was happening and uh her emotional state and then the the house condition. I believe that DCS should have came out that day. Yes ma'am.

[00:28:01]>> Okay. Is there anything else that you would like to tell the court about this situation?

[00:28:06]>> No ma'am.

[00:28:07]>> Okay.

[00:28:07]>> That's all the questions I have. Judge >> here. You have the right to ask this officer questions, but it must be in a question form. Do you want to ask a question?

[00:28:18]>> No, sir.

[00:28:19]>> All right. Officer, it's my understanding that that you contacted DCS, but they decided it was not uh for some reason they did not come out.

[00:28:28]>> Yes, sir.

[00:28:29]>> They didn't give you a reason.

[00:28:31]>> Uh, no. They they said is she can she go somewhere else? The 12-year-old. I understand they're somewhat overwhelmed, but basically that's why she went to live with her grandfather or stay with her.

[00:28:45]>> Yes. So we we DCS was able to convince the mother to just let her go for the weekend and the son to the grandfathers.

[00:28:55]Um but then the the mother stated that the grandfather's also abusive as well.

[00:29:01]So, you know, it was in a bad situation and I believe DCS should have came out, but they didn't find enough probable cause to come out fast enough, I guess.

[00:29:12]>> All right.

[00:29:13]>> Yes, sir.

[00:29:13]>> Thank you. You are we releasing him for >> Yes, judge. Thank you.

[00:29:16]>> You may go back to >> I I would report to the court judges and officer the court that there is a DCS case uh that they're handling the Sophie mother situation.

[00:29:29]Um, judge my next >> Sophie the child that was here in the >> That was here. Yes, judge. Yes.

[00:29:35]>> All right. Call your next witness.

[00:29:36]>> Uh, Miss Elizabeth Wyers. She's also outside.

[00:30:13]You'll come up please ma'am.

[00:30:15]Step right around here. I'm going to ask you to raise your right hand and be placed under oath.

[00:30:31]Good morning, Miss Elizabeth. Thank you for coming out today.

[00:30:35]>> Um, would you state your name for the record, please?

[00:30:37]>> Um, my name is Elizabeth Nicole Wyers.

[00:30:40]>> Okay. If you can speak up a little bit louder.

[00:30:42]>> Sorry. My name is Elizabeth Nicole Wyers.

[00:30:46]>> Miss Wall, if you'll pull the base of that, grab a hold of the base of that thing, the very bottom. Now pull it towards you. There you go.

[00:30:53]>> Perfect.

[00:30:53]>> Thank you.

[00:30:54]>> Okay. And so how are you related to the parties here today?

[00:30:58]>> Um I'm not related to Amy, but I'm related to her daughter. So I am Sophie's cousin.

[00:31:06]>> Okay. And so are you the sister of Sophie's father? Is that right?

[00:31:11]>> Um Sophie's father is my uncle.

[00:31:14]>> Sophie's father is your uncle. Okay. And so have you known Sophie and Miss Uit for a while now?

[00:31:20]>> Yes, before.

[00:31:21]>> How long have you known them?

[00:31:22]>> Um, so when Amy was pregnant with Sophie, um, that's when I first met her.

[00:31:29]And so I've known them Sophie's whole life.

[00:31:32]>> Okay. And have you been around Ashton as well, the 4-year-old boy?

[00:31:37]>> Uh, yes, ma'am. Off and on.

[00:31:38]>> Off and on. Okay. And have you been to Miss Uit's home?

[00:31:43]>> Yes.

[00:31:44]>> Okay. How often would you go there?

[00:31:48]>> Um, not very often. Maybe two or three times a year. It just depends on how often I see Sophie that year. Most of the time, uh, I don't usually step inside her home. I usually just go to pick Sophie up.

[00:32:02]>> Okay. So, you would pick Sophie up to have some time with her. Is that right?

[00:32:06]Yes.

[00:32:06]>> Okay. So, do you did you maintain a a relationship with Sophie?

[00:32:10]>> Yes.

[00:32:11]>> You and her have a good relationship?

[00:32:12]>> Yes, ma'am.

[00:32:13]>> Okay. Do you have phone calls as well?

[00:32:15]>> Yes.

[00:32:16]>> Okay. Um, and so when was the last time that you went there to Miss Uit's home?

[00:32:23]>> Um, I don't know the exact date. Um, I would say it was probably maybe four weeks ago. Four weeks ago.

[00:32:32]>> Okay. Judge, if we could have Miss Wires look at the photos that we entered into the exhibit.

[00:32:39]I'd like to uh for you to take a look at those photos and see if you could identify them, if they're familiar to you.

[00:32:49]>> Yes, they are.

[00:32:51]>> Do you know who took those photos?

[00:32:53]>> Um, I took the photos of the bathroom and then I had Sophie take the photos of the rest of the house.

[00:33:00]>> Okay. And were those photos taken um just within the past month here? Yes. In August? Okay.

[00:33:06]>> Yes. And so those photos, do they depict what you would usually see in this UI's home when you go there?

[00:33:15]>> Yes, ma'am.

[00:33:16]>> Pretty much for how long now? A year, 2 years, 3 years?

[00:33:20]>> Um, I can recall a it was probably a couple years back when I delivered a vanity to Miss Hwitt's house for Sophie for Christmas and the state of her home was still pretty close to this. Okay.

[00:33:33]>> So, it's always been >> been that way. Okay. Um, and so, um, you had, um, did you have some concerns about Sophie's welfare here recently in August?

[00:33:47]>> Yes.

[00:33:47]>> Okay. Can you tell the court about, um, what you know about Sophie's situation at Miss Uit's home?

[00:33:55]>> Um, I do know that her mother is very verbally abusive towards her. Um, I uh when I was on maternity leave, I talked to Sophie a lot on the phone and Ashton was still in Amy's house at that time. Um, and I recall her constantly yelling at Sophie, asking her to take care of Ashton, change Ashton's diapers, um, prepare food for him, um, do laundry, um, clean chores, you know, some regular chores, but mostly, um, asking Sophie to wait on her and Ashton.

[00:34:35]>> Okay. And is this something that would happen um whenever you you're on a phone call with Sophie?

[00:34:43]>> Yes.

[00:34:44]>> And you would hear Miss Uit's voice.

[00:34:46]>> Yes. Constantly.

[00:34:47]>> And you're sure that that's her talking to Sophie, >> commanding Sophie to take care of Ashton's needs. Is that right?

[00:34:54]>> Yes.

[00:34:54]>> Okay. Do you ever observe what type of foods that uh Sophie and Ashton would have at Missu at home?

[00:35:02]>> Yes.

[00:35:03]>> And what what are they? Um, so mostly takeout. Um, I know they do Door Dash a lot. Um, fast food. And then the last time that I was in her home, I observed observed um mostly canned foods. They had like microwavable mac and cheese, pudding, um nutritional shakes, um those little applesauce packets, things of that nature, but no um no cooked food ever.

[00:35:32]>> Okay. Um, and so do you do you know anything about Sophie being on Aderal?

[00:35:39]>> Yes, ma'am.

[00:35:40]>> Okay. And do you know anything about anybody taking her Aderal?

[00:35:46]>> Yes, ma'am.

[00:35:47]>> And who would that be? Um Sophie has told me on several occasions that Amy will take her prescription and actually take the prescription herself and that she will sometimes give Sophie um half of Amy's prescription instead.

[00:36:02]>> And this is Sophie telling you all these things?

[00:36:04]>> Yes, ma'am.

[00:36:05]>> Okay.

[00:36:06]>> All right. And so um you've been you said you've been around Ashton. Do you have any um observations of Ashton responding to Miss Uit? how you know their relationship is.

[00:36:20]>> Um I mean their relationship seems I guess normal for his you know he is delayed mentally. Um he seems excited to see her most of the time. Um but he is also agitated uh quite a bit but I think that's just because of whatever mental issues he has.

[00:36:39]>> Okay. Um based on what you know what you are aware of as far as Sophie is concerned are you what is your opinion about Sophie living with her mom at this point?

[00:36:56]>> My my opinion um >> do you feel like she's safe there?

[00:37:00]>> No.

[00:37:00]>> What about Ashton?

[00:37:02]>> No.

[00:37:03]>> Okay. Those are all my questions. Judge.

[00:37:06]>> All right. And Miss Huitt, you have the right to again ask questions. I You're not required to ask questions, but if you want to ask a question, you may do so. Do you wish to ask any questions?

[00:37:17]>> No, sir.

[00:37:17]>> Thank you, ma'am. You may step down. You may leave or you may have a seat in the courtroom if you'd like.

[00:37:24]>> Thank you, Miss Wyers. Appreciate it.

[00:37:28]>> Miss Hendendrickson, you may call your next witness.

[00:37:30]>> I'll call my client, Judge, Mr. Fenton.

[00:37:32]>> Mr. Fenton, if you'll come up.

[00:37:59]You state your name for the record, please?

[00:38:01]>> Matthew Christopher Fenton.

[00:38:05]>> Mr. Fenton, you you heard Mrs. Uh, Miss Uit um tell the court in her opening that um Ashton uh did not miss school to that effect.

[00:38:18]Is that right? When he was still here in Oakmont Elementary.

[00:38:22]>> Yes.

[00:38:23]>> Okay. I handed you uh documents. Do you recognize that document?

[00:38:29]>> Um yes. The school records.

[00:38:33]>> Okay. And in fact that has a business affidavit swearing that it is business record on the first page. Is that right?

[00:38:40]>> Yes. Upon elementary.

[00:38:42]>> Okay. So if you go over to this second page, uh does it state that Ashton had 17 unexcused absences between September 18, 2024 to January 23, 2025?

[00:38:59]>> Yes. Judge, I'd like to admit that as uh exhibit number two as exhibit two.

[00:39:07]>> So it is not true that Ashton religiously attended school.

[00:39:13]Correct.

[00:39:14]>> Yes.

[00:39:14]>> He had 17 unexcused absences and that's just half of the year for last year.

[00:39:20]Correct.

[00:39:20]>> Yes. And we also had Thanksgiving and Christmas break in that period. So >> Right. Okay. Now um who's your employer?

[00:39:28]uh carers engineering and design.

[00:39:31]>> Okay. And um how much is your hourly rate?

[00:39:36]>> 3750.

[00:39:37]>> Okay. So, and you work how many hours per week?

[00:39:40]>> Uh 40 to 50 depending on the workload.

[00:39:44]>> What is your routine? Is is the overtime a regular thing for you?

[00:39:49]>> Um now it comes and goes.

[00:39:51]>> It comes and goes. So would you say that 40 hours would be a correct number for your weekly uh hours that you put in?

[00:39:59]>> Yes, ma'am.

[00:39:59]>> Okay. So that amounts to about 6,000 a month. Is that right?

[00:40:03]>> Yes, ma'am.

[00:40:04]>> Okay. And as I've stated to the court, if there's a child support that will be awarded against or assessed against Miss UI, if the court allows our permanent parenting plan, are you uh agreeable to wave that child support?

[00:40:20]>> Yes. Are you able to provide for Ashton's needs?

[00:40:24]>> Yes.

[00:40:24]>> Okay.

[00:40:26]>> All right. So, you became the primary residential parent January of this year.

[00:40:30]Is that right?

[00:40:31]>> Yes, ma'am.

[00:40:31]>> Okay. And then since that time, so you transferred him from Oakmont Elementary School to where?

[00:40:38]>> Um Allen County Primary Center. That's in Scottville, Kentucky.

[00:40:42]>> Okay. And immediately thereafter, he started school. Is that right?

[00:40:47]>> Uh yes. So, I think it was about 2 weeks I had to get a birth certificate and social security card and all that stuff, you know, and then I had to get him some shots, medical attention first, but I think it was about 2 weeks after I got him in February.

[00:40:59]>> Okay. And so, you talked about the medical attention. Tell the courts uh what have you done so far as far as Ashton's um medical issues? Well, we went to the cardiologist, um, primary care, um, the dentist, eye doctors, his eye would drift. Um, and I've taken him to the eye doctor twice, just in about a 3 or 4 month period from the when I got him in February and then 3 or 4 months later, and his eyes are already correcting theirelves. They they used to just completely turn in and now they're pretty straight. Um, I'm not sure what the difference is and how it changed, but they were talking about surgery at first. So, and the last time I took him back, they said no, that he's made a lot of progress with his eyes.

[00:41:51]>> Okay. Um, let's go back to the cardiology. Miss, uh, UI has made a statement that she was in the process of changing cardiology. Didn't we find out that um Ashton was supposed to have a November 2024 followup with uh Dr. Bronze?

[00:42:09]>> It wasn't with Dr. Bronze, but it was the same practice. It was Vanderbilt, >> right?

[00:42:15]>> And I can't remember the other lady's name, the other doctor that he ended up seeing, but it was still the same practice when I took him in February.

[00:42:22]>> Right. And so he was delayed because he didn't go until February. Is that right?

[00:42:28]>> Yes, ma'am.

[00:42:28]>> Okay. supposedly was November.

[00:42:31]>> Yes.

[00:42:31]>> Tell the court about the cardiology situation. Where is he at with that?

[00:42:36]>> Well, before um the when Miss Huitt had taken him two years uh prior uh to me taking him, it they said his condition was mild. And when I took him back, they said that it had gotten a little bit worse and it was mild to moderate. Um instead of two-year visits, uh they moved it up to every year.

[00:42:58]>> Okay. Um but he it's it's his a valve at the top of his heart um did not form properly and they said eventually he could have to have a heart surgery but when it's the flap closes where it's not formed right the blood leaks back down into his heart and it's called the Epstein anomaly.

[00:43:19]>> Okay. But currently he does not have any restrictions as far as you know physical activities and things of that nature. Is that right?

[00:43:28]>> No, ma'am.

[00:43:29]>> And he can play like a normal kid.

[00:43:31]That's correct.

[00:43:31]>> And all those things. Okay. And then you said that you had got him uh gotten him caught up with opthalmology. Is that right?

[00:43:38]>> Yes, ma'am.

[00:43:38]>> Okay. Is he getting physical therapy?

[00:43:41]>> Uh yes, he's getting all that uh through the school uh kind of like the same as Oakmont. Um he gets physical therapy, uh speech therapy, occupational um every everything that they provide, you know.

[00:43:53]>> Okay. And he doesn't have any unexcused absence. thus far. Is that right?

[00:43:58]>> Uh no, ma'am. He didn't have any last year and he doesn't have any current.

[00:44:03]>> Okay. And he just started the fall uh semester school year. Is that right?

[00:44:08]>> Uh yes. On uh LA August the 20th was his first day back.

[00:44:12]>> And how is he responding to the new environment? Tell the court about the school uh situation.

[00:44:18]>> Well, he's doing really really well. The teacher called me yesterday and um she was ecstatic and she was like, "Yeah."

[00:44:25]She said, "Mad, I had to call you." She said, "Uh, I was showing pictures to the class and I was asking them, you know, what it was." And she said, "It was a picture of a school." And she said, "All the kids were screaming and yelling and they were like, "School, school, school." And she looked at Ashton and she said, "Aton, do you know what that is?" And he said, "School." And that's the first words that she's ever heard him say. Um, and then I asked him last night as well about it when I was talking to him and he said school for me um, day before yesterday. Um, he was eating some M&M's and when he grabbed the yellow one when he said yellow >> I mean so his vocabulary is getting better. It's not any sentences put together or anything but he'll tell you thank you. We have taught him sign language, please and thank you and and um if he wants more or stop, you know, um little stuff.

[00:45:20]>> Miss Rachel, that show helps a lot with it as well.

[00:45:23]>> Great. And so he is beginning to uh uh get better with his speech. Is that right? Slowly. Slowly but surely.

[00:45:30]>> Yes, ma'am.

[00:45:31]>> Okay. And um is he gaining friends in the community?

[00:45:34]>> Oh, yeah. Yeah. Um he he has all the little kids in his class. I think there's 18 other students and they love Ashton to death, you know. Um >> I took him on a a field trip last year and got to see all of them interact and >> Okay. Um did his social skills got better?

[00:45:54]>> Oh, very much. Very much so. Um his ability to walk and climb and his feet used to turn in real bad. They still do a little bit, but they're straightening out. But he runs and jumps and plays and I don't know, he's just like every other normal kid, you know? I mean, besides not speaking. Um, but he he's very polite. Um, and he he's on a routine schedule. Uh, he he usually wakes up around 6:00 to 6:30 on his own every morning and he goes to bed at 8 every night. Um, his schedule for uh his meals are the same time every day. uh snack times the same time every day.

[00:46:34]>> Um he eats very well now. When we first uh when he first came to live at the home, >> he would only eat the macaroni microwave cups and then um that was basically it.

[00:46:48]He wouldn't eat anything. Anything you put in front of him, he didn't even know what cereal was. And now Ashton eats everything. Especially if you're eating it, he wants some of it, too.

[00:46:59]And so he you have established a a routine for him. Is that right?

[00:47:03]>> Yes, ma'am.

[00:47:04]>> And he's uh pretty much used to that routine. Correct.

[00:47:06]>> Yes, ma'am. That's correct.

[00:47:07]>> Okay.

[00:47:09]>> All right. And so you talked about medical, you talked about the home life.

[00:47:12]Is he getting along with Who are you living with? I'm sorry. First, who are you living with right now?

[00:47:18]>> My fiance and her daughter be uh Asia Wilkin and Elena Reamers.

[00:47:24]Elena's 16.

[00:47:27]>> Okay. And um how are they get how is he getting along with first with Asia?

[00:47:32]>> Oh, just he he takes right to Asia.

[00:47:36]She's very sweet and nice person and u she's fell in love with Ashton and the same with him.

[00:47:44]>> And does Asia help you with the day-to-day uh care for Ashton?

[00:47:49]>> Yes, ma'am. Very much so. Okay.

[00:47:51]>> Would you look at those uh photos that I um handed you?

[00:48:17]Do you recognize those photos?

[00:48:19]>> Yes, ma'am.

[00:48:19]>> You took them, right?

[00:48:20]>> Uh, yes, ma'am. me or Asia, one of the two or Elena >> and uh those photos show Ashton, his home life with you and the family. Is that right?

[00:48:29]>> Yes, ma'am. That's correct.

[00:48:30]>> Okay.

[00:48:31]>> Uh Josh, I would like to enter those as an exhibit number >> exhibit three.

[00:48:35]>> Number three.

[00:48:39]>> So, is it fair to say the Ashenas is well adjusted now in your home?

[00:48:44]>> Yes.

[00:48:45]>> Okay. Well adjusted with the school.

[00:48:48]>> Yes.

[00:48:49]>> Okay. And um what about um can't remember if I asked you what about his relationship with you with um Asia's daughter Elena?

[00:49:00]>> Um he's I don't know. He he really really took to Elena. That's like his best friend. He follows her around everywhere.

[00:49:08]>> Yeah. How old is Elena?

[00:49:09]>> 16.

[00:49:10]>> 16 years old. And in fact, you've been with Miss Asia for how many years now?

[00:49:15]>> Uh four years.

[00:49:16]>> Four years. So Elena's basically uh looks at you like her own father. Is that right?

[00:49:22]>> That's correct.

[00:49:23]>> Okay. And so um what are your concerns moving forward now that we're asking the court to make this permanent? Um would you be comfortable with Ashton's uh spending the night at Miss Uit's home? I mean, no, not after the the police report that I read and um you know, the things that the officers u told me and the the cleanly I it's not clean at all and it was like that when I was going down for supervised visitation. There was chemicals everywhere, borax spread across the floor and Ashton was playing in it. I mean, >> did you raise concerns to Miss Hub about that at the time? Yes, I sent messages telling her the the safety concerns and the the health concerns of having those chemicals around and >> she didn't seem to care too much because it stayed that way.

[00:50:22]>> Yeah. Um now, uh you know, I you heard me tell the court the days that Miss Uit had uh the visitation. So, I'm going to go over that with you. So she visited uh February the 7th. Is that right?

[00:50:43]>> Yes, ma'am.

[00:50:44]>> And then she visited February the 21st.

[00:50:48]>> That's correct.

[00:50:48]>> And those are the were the two days where she had um refused to take Ashton back to you as ordered by the court. Is that correct? And she was found in criminal contempt at that point.

[00:51:00]>> Yes.

[00:51:00]>> Okay.

[00:51:01]>> Following that um she did not visit for the month of March. Correct. Uh, no ma'am. It was probably a three to three and a half month gap before the next visitation.

[00:51:13]>> We'll go over each month. Sorry.

[00:51:14]>> What about April? Did Did she visit in April?

[00:51:18]>> No ma'am.

[00:51:18]>> Okay. What about in May? Did she visit in May?

[00:51:23]>> Um, >> May 30.

[00:51:26]>> Yeah, I think it was very end of May cuz our court date was May 14th and she did end up coming to a visitation um shortly after that court date.

[00:51:35]>> Okay. And okay, so she arrived at 6:30 instead of 4:00 that day. Is that right?

[00:51:42]>> Yes. She said that she didn't know that the time had changed from 6:00 pick up to 4:00 >> and I told her that that would be fine.

[00:51:50]You know, it's 2 and 1/2 hour drive and fighting traffic and I was understanding and letting go.

[00:51:57]>> Sure. So, uh, and then the next visitation was in June of June 13. Is that right?

[00:52:04]>> Yes, ma'am. Okay. So that's four visitations beginning February, correct?

[00:52:09]>> Yes.

[00:52:10]>> Okay. And then what about in July? Was there any visitation uh there?

[00:52:15]>> Uh no, ma'am. Because the last one was last month.

[00:52:19]>> Last the last one was August the 8th. Is that right?

[00:52:22]>> Yes, ma'am. That's correct.

[00:52:23]>> For my count, she visited five out of the um 15 weekends that she could have had. Is that right?

[00:52:30]>> Yes.

[00:52:30]>> Okay. Um, have you been accommodating to Miss Uit's uh circumstances?

[00:52:36]>> Uh, yes, ma'am.

[00:52:37]>> And you know, each time she would ask for, you know, maybe I I'll be late and things of that nature. Do you stay and wait for her?

[00:52:46]>> Yes.

[00:52:47]>> Okay. And has she continued to send you not so nice messages even then? Uh, not so. I mean, not as bad as what it was, but she's very demanding and and gets upset when she doesn't get her way even though she's not following the court order, you know. And I'm I'm still trying to be very understanding for Ashton's sake and wanting to see his mother for sure, you know.

[00:53:14]>> Right. And was there a day in May where she had told you that she's coming and that was not her day?

[00:53:21]>> Uh, yes. Yes. She demanded that she was she was coming, that she hadn't got to see him, and it didn't matter if it was her weekend or not, that she should get to see him. And we had plans, of course, you know, >> and that's against the the court's order. Is that right?

[00:53:36]>> Yes, ma'am.

[00:53:38]>> Okay. Um, and so we have prepared an amended uh parenting plan and I will show this to you.

[00:54:04]Thank you.

[00:54:12]>> Okay. And so, uh, we're asking that you continue to be the primary residential, right?

[00:54:18]>> Yes. And we have because we're asking that for now no uh overnight visits because of the concerns. We put zero on mom's and then yours was 365. Correct?

[00:54:28]>> Yes.

[00:54:29]>> Okay. And then for mom's uh dayto-day schedule, she would have Friday beginning at 5 to 8:00 p.m.

[00:54:36]>> Yes.

[00:54:37]>> And then Saturday and Sunday uh 8:00 a.m. to 6:00 p.m.

[00:54:41]>> Correct. And um are you asking the court that her residential time just take place within is it Allen County there in >> Yes, ma'am.

[00:54:50]>> Allen County in in Kentucky?

[00:54:52]>> Yes.

[00:54:53]>> Okay. And then so this would apply to the day-to-day schedule. Is that right?

[00:54:58]>> Yes.

[00:54:59]>> And then for the summertime, um you would ask for two consecutive weeks, the first and second months of the summer.

[00:55:06]>> Yes.

[00:55:06]>> Okay. And then for transportation, you would ask that the mother pick up and return to you after her visitation.

[00:55:14]Correct.

[00:55:14]>> To your residence. Okay. And you're asking the court to maintain the exclusive major decision making on all uh the issues. Correct.

[00:55:24]>> Yes.

[00:55:24]>> Okay. We have you down as your income as 6,000 there. Okay. Correct.

[00:55:29]>> Is that right?

[00:55:30]>> Yes, ma'am.

[00:55:31]>> And did we receive any uh documentation from Miss UI about her income? Uh, no ma'am.

[00:55:37]>> From her lawyer?

[00:55:38]>> No, ma'am.

[00:55:39]>> Okay. And so we're asking the court to adopt the regulation uh imputation which is 2,995.

[00:55:47]Correct?

[00:55:48]>> Yes.

[00:55:49]>> Okay. And when we plug that in the child support worksheet sheet, it would um obligate Miss UI to pay you $448 per month. Is that right?

[00:56:00]>> Yes.

[00:56:01]>> And if the court approves this, are you waving that?

[00:56:05]>> Yes, ma'am. Okay. And I think I asked you that in the beginning. I apologize.

[00:56:09]Okay. And and the reason what the for the deviation would be because of the travel that's imposed to Miss Uit. Is that right?

[00:56:18]>> Yes.

[00:56:19]>> And you want to facilitate her visitation with Ashton?

[00:56:22]>> Yes, ma'am.

[00:56:23]>> Okay. And you're able to provide for Ashton's needs anyways with your own income. Is that right?

[00:56:29]>> Yes.

[00:56:29]>> Okay. And you're going to continue to provide the uh insurance for Ashton.

[00:56:34]Correct. That's correct.

[00:56:35]>> And you're asking to be able to claim him for tax purposes.

[00:56:39]>> Yes.

[00:56:40]>> Okay. And you um I believe that's the major components of that. I would ask that to be entered as an exhibit judge and that's that has a child support worksheet as well if that's um >> mark it as >> this part of it or did I get extra page?

[00:57:06]>> Yeah, you keep that uh together and hand it to the clerk.

[00:57:13]>> Um I believe I went over all the issues.

[00:57:17]Do you have any other concerns about this parenting plan that you would like to tell the judge?

[00:57:23]>> Uh, no ma'am.

[00:57:24]>> Okay, that's all the questions I have, judge.

[00:57:27]>> Huitt, again, you have the right to ask questions. I'm going to give you the chance to testify. Do you have questions for this witness?

[00:57:36]>> No.

[00:57:37]>> Thank you. Then you must step down.

[00:57:45]Judge, I would like to call Miss Yubit.

[00:57:54]J, if you'll come around, please raise your right hand. Be placed under Miss you. Would you state your full name for the record, please? Amy Suzanne Huitt. Okay.

[00:58:22]>> Did you take any med medication today before you went to the court?

[00:58:26]>> No.

[00:58:26]>> Okay. Um, are you employed?

[00:58:29]>> No, I'm disabled.

[00:58:31]>> You're disabled. Have you been found disabled by the government?

[00:58:34]>> Um, since my first brain surgery in 2014.

[00:58:38]>> So, are you getting disability benefit?

[00:58:41]Well, I've missed my reertification when I moved and we're fighting appeals right now. So, I haven't gotten it back yet.

[00:58:50]>> So, essentially, uh you you're not getting any disability?

[00:58:56]>> No, not right now.

[00:58:57]>> How much was it before?

[00:58:59]>> It was 9.86 a month.

[00:59:03]>> 96.

[00:59:04]>> 9.86 a month.

[00:59:05]>> 9.86 a month. And when was the last time that you had gotten that that money?

[00:59:10]It's been two years now.

[00:59:12]>> Two years. Okay.

[00:59:14]>> All right. Do you have a lawyer assisting you on that?

[00:59:17]>> No, ma'am.

[00:59:18]>> Okay. And you said you had missed your reertification.

[00:59:22]>> My re my reertification went to my stepmom's house. So, she didn't she doesn't check her mailbox because she has a P.O. box. So, she didn't know it was in there till months later.

[00:59:38]>> Okay. Um, do you know your percentage of disability?

[00:59:42]>> Do what?

[00:59:43]>> Do you know the percentage of disability? Do you have that? Say 50% disabled.

[00:59:49]I'm not familiar with it. So, I don't know if they assign a percentage.

[00:59:54]>> Is there a percentage? Do you know?

[00:59:56]Okay, that's okay.

[00:59:57]>> All right. What What are other source?

[01:00:00]So, you're not getting that. So, what is your source of income? You said you're not employed. No, I'm low income single disabled mom. Um I get food stamps and families first and um child support from Sophie's dad.

[01:00:21]>> Okay. How much is the uh the family?

[01:00:26]I uh missed the word next to that first.

[01:00:30]Yeah, >> it's 2.88.

[01:00:33]>> Okay.

[01:00:34]And then how much do you get for Sophie's? And And that's a month. Okay.

[01:00:38]>> Yeah.

[01:00:40]>> How much is Sophie's uh child support?

[01:00:42]>> Um hers I've never modified it. It's um 156 a week.

[01:00:50]>> For a week. Okay.

[01:00:52]Do you have any other sources of uh monies that come to you?

[01:00:56]>> No.

[01:00:57]>> Okay. And um what was your previous employment? I was a loan processor for a mortgage company and then >> also I was a a retail manager at the children's place at Belleview Mall for the >> Yeah, in Belleview.

[01:01:15]>> Mhm.

[01:01:15]>> Okay. And then when were you I'm sorry I forgot to ask. When were you first uh declared to be disabled? Um, it was well May 30th of 2014.

[01:01:32]>> Okay. And then you lost it two years ago.

[01:01:35]>> Yes, ma'am.

[01:01:36]>> Gotcha.

[01:01:38]>> Okay. Um, are you getting any more disability payments as to Sophie?

[01:01:44]>> No.

[01:01:44]>> For for autism or things of that nature?

[01:01:47]What about Ashton?

[01:01:48]>> No.

[01:01:49]>> Okay. All right. And um what so you are taking Aderal is that right?

[01:01:59]>> I'm prescribed and >> you're prescribed. Yes.

[01:02:03]>> What type of Aderal? Is it the long acting or fast acting?

[01:02:06]>> It's one long acting, one short acting.

[01:02:10]>> And for what?

[01:02:12]>> For what was your diagnosis?

[01:02:14]>> Attention deficit disorder.

[01:02:16]>> Okay.

[01:02:17]Isn't it true that that you're giving some of yours to Sophie?

[01:02:22]>> No, ma'am.

[01:02:23]>> Okay. Are you taking some of Sophie's Adel?

[01:02:27]>> No, I haven't even gotten hers filled.

[01:02:30]And the only I made her an appointment to get hers filled um right before school started.

[01:02:37]>> Okay. So, when you get that filled, are you going to take hers?

[01:02:42]>> No, I never have. Never. So, was she lying to the police when she reported that?

[01:02:46]>> Yes. And she's admitted it.

[01:02:48]>> She admitted it when?

[01:02:50]>> She's admitted it and apologized and cried. She's not been >> Okay.

[01:02:55]>> Right. Since Ashton's been gone.

[01:02:57]>> She admitted it to who?

[01:02:59]>> She admitted it to me, my sister.

[01:03:03]>> Okay. Is there ongoing investigation?

[01:03:07]Um, there's nothing with Ashton, but with Sophie, um, I I'm working with them and I did a took her and we did a hair follicle test.

[01:03:18]>> Okay.

[01:03:18]>> And, um, they followed up. They came back by, welcomed him in, they okayed everything.

[01:03:27]And Ashton was was supposed to come back home that day >> um, from my dad's. and Sophie was supposed to just they it was up to me to let her cool off and I was like that's fine.

[01:03:40]>> There is an open DCS case right now correct >> with Sophie >> with Sophie.

[01:03:46]>> Um yes >> and you're working the services is that right?

[01:03:50]>> And I'm working and getting work in counseling everything.

[01:03:54]>> So you needed counseling too. Is that right?

[01:03:57]>> No I >> because you testified. I'm testifying that they asked if I would do family counseling if I would agree and I said yes. I do anything.

[01:04:06]>> Okay. So, they asked you and they did not tell you to do it.

[01:04:10]>> They didn't tell me to do it.

[01:04:12]>> Okay.

[01:04:14]All right.

[01:04:20]How's your uh driver's license? Do you have a court date in October? Is that right?

[01:04:25]>> Yes.

[01:04:26]>> Okay. And that's been going on for about a year now, right?

[01:04:29]>> Yeah. Because that I can't get to Nashville to get for some reason in Dixon, you can't get it reinstatement.

[01:04:36]And I don't have like family or anybody that can just That's why it's so hard to get to Ashton. Like I would never want to lose my visitation or seeing him, but I don't have anybody or any way to get to Kentucky or even Nashville. Okay. So, and that was um suspended because you were driving under a suspended license.

[01:05:01]Is that right?

[01:05:01]>> I didn't have insurance.

[01:05:03]>> You didn't have insurance. Okay. And you're sure about that? That that was not suspended at the time that you were uh charged with a suspended uh you know this general sessions court case.

[01:05:16]>> I was I know it all started because I didn't have insurance.

[01:05:20]>> Okay.

[01:05:21]Do you have an attorney for that case?

[01:05:24]>> No, I can't afford an attorney.

[01:05:26]>> Okay. Did you bring any proof of income today?

[01:05:31]>> Um, no, I don't.

[01:05:34]>> Okay. And you haven't given me any discovery responses from all the requests that I sent you, my office sent you, correct?

[01:05:43]Once I saved all that money up for that attorney, I didn't know. He I was told you were sent whatever was asked for.

[01:05:54]So, I don't know.

[01:05:55]>> Okay. Did you bring anything with you today in response to those discovery requests that I sent you?

[01:06:04]>> I mean, no. I don't even know what what is on there besides I mean I know you just asked about my income but I mean I live in low income housing.

[01:06:16]>> Okay. I'm just asking if you had brought anything. So you have nothing today to show the judge about I sent you those photos that I was planning to um put forward today. So you have nothing to show the judge about the condition of your home today.

[01:06:33]Well, I'm not allowed to bring in my phone, so I couldn't show pictures. I didn't have time to print them out.

[01:06:41]>> Okay. Uh, that's all the questions I have. Judge, >> do you have any other witnesses?

[01:06:47]>> No, judges are proof.

[01:06:48]>> Miss Huitt, um, Mr. Fenton has rested his proof. So this is your opportunity to uh present whatever testimony you want to tell me about this situation.

[01:07:02]What today is about is for me to adopt a permanent parenting plan. That means ending this case and allowing although it's always open for reopening. It's always available for reopening if a change of circumstances occur. But the order I put down today will terminate this pending litigation. So, this is your opportunity to tell me what you want to uh see happen regarding your your son and that's the only thing that that I'm considering is a permanent plan for how you visit with your son or who's going to be the primary residential parent and so forth. So, if there's anything you want to talk to me about or tell me about, I'm going to take a recess that says it's time for our midm morning recess and then I'll give you a chance when you when we come back to present whatever proof you want. Okay.

[01:07:51]Yes, sir.

[01:07:52]>> Um, do you want to testify? Anything else when you come on back up to the stand, please?

[01:07:59]>> Do you I mean, you're not required to.

[01:08:01]If you wish to testify, I'll give you a chance.

[01:08:06]>> Not sure what to do. I just I wish that this is in juvenile court where I think it should be and I could I have evidence that would be admissible there that >> well I'm not dealing with Sophie in that situation >> with Ashton.

[01:08:28]>> Pardon?

[01:08:28]>> I'm talking about with Ashton.

[01:08:30]>> Okay. Well, if you want to testify, then you have to come back to the witness stand. If you don't want to testify about anything else, that's your option.

[01:08:38]And then I'll just I'll make my ruling based on the record in this case and what's been presented. You understand that?

[01:08:57]All right, then we'll proceed with this.

[01:08:59]Miss Hendrickson, is there any other rebuttal proof you wish to offer?

[01:09:04]All right. I don't need any argument in this case. Um court is well well familiar with the facts and background of this situation and as a matter of course I am in this particular hearing required to make a determination about the permanent parenting plan that is uh to be adopted by the court.

[01:09:33]And in doing so, I'm required to follow the factors that and consider the factors that are set forth in 366106 uh of the Tennessee code. And those factors include the following. The strength, nature, and stability of the child's relationship with each parent, including whether one parent has performed the majority of parenting responsibilities relating to the daily needs of the child. This is a somewhat unusual case in that uh in the early years of this child's life u the uh mother was clearly the primary caregiver for the child uh based on the fact that father Mr. Fenton was not even aware that he was the biological father uh based on the statements that had been made to him by Miss Hwitt. He was not aware that he was the biological father and as a result he was not involved in the child's life in the early years and uh as as that factor may apply it would it would apply to her as being the primary residential parent um the primary parent for the child's early life. But once Mr. Fenton became involved, that situation somewhat changed. Um, at prior hearings in this court, um, the court considered and relied upon the statements that Miss Hwitt made regarding this child's physical uh, limitations and special needs and limited Mr. Fenton's uh initial visitation with the child based on the fact that uh the court has always tried to uh heir on the side of protecting the child's best interest and if someone who's unfamiliar with the child suddenly becomes in the child's life then I have to consider how that impacts the child.

[01:11:21]So that was the reason that Mr. Fenton was granted some limited visitation to begin with with the idea that it grew uh the relationship between Mr. defent and the child.

[01:11:33]As this uh situation progressed and future hearings were conducted, the court unfortunately determined that uh Miss Hwitt was less than candid and truthful with the court uh regarding the child's physical and and uh physical needs uh health care needs and the u special needs that this child has. and the steps that she had been taking to try to ensure that the child was receiving the type of care. Uh it became readily apparent to this court that Mr. Fenton uh had done his homework and had checked into and became much more aware of this child's needs and found out that the child's needs were not being met.

[01:12:18]And for that reason, uh, the court and and we also, uh, also viewed a video that had been transferred that had, uh, been videotaped during a transfer of custody wherein Miss Hwitt, uh, demonstrated a behavior at that time that this court found to be unacceptable um, regarding the uh, best interest of the minor child. So at that point the court believed that it was in the best interest of the minor child to transfer the custody temporarily and make him the primary residential parent. Everything that I have heard since that time has convinced me that that was the appropriate step. That was the appropriate thing to to do. So considering the strength nature and stability of the child's relationship with Mr. Fenton versus Mrs. Huitt uh since he has been made the primary residential parent, I clearly find that Mr. Fenton's relationship with this child is much more stable. It is stronger. it is more uh caring and uh protective of the child and ensuring that this child's needs are being met than the relationship that Miss Hwitt has had now under the limitations that she has with the weekend visitation or even in the past because of the fact that testimony has been that she has been somewhat verbally abusive towards this child uh according the testimony before the court. So factor number one of that code section clearly applies in favor of the father. Each parent or caregivers's past or potential future performance of parenting responsibilities including the willingness and ability of each of the parents and caregivers to facilitate and encourage a close and continuing parent child relationship between the child and the other parents. This factor again uh clearly favors the father in this case because Mrs. Huitt both in her testimony in the past and her actions has made it clear abundantly clear that she wishes that she had never even sought child support for the child uh because that's what led to Mr. Fenton being involved in the child and she would rather have kept him completely out of the child's life as she did in the past uh rather than let him have a relationship that that he now has. So I find that that is uh that clearly Mr. Fenton who wants to have a relationship with his son and who wants her to have a relationship with the son.

[01:14:55]Um I think that factor again favors the father.

[01:15:00]I don't have any indication that Mrs. Hwitt or Miss Hwitt or Mr. Fenton have either one actually attended the court-ordered parent education seminar, but they're both going to have to submit proof of that within uh 60 days, I think, is what the parenting plan says.

[01:15:19]The disposition of each parent to provide the child with food, clothing, medical care, education, other necessary care.

[01:15:26]Part of my concern and part of the reason that that uh I relied upon the reasons that I relied upon in making the change of of temporary custody to Mr. Fenton was the fact that I felt that Mrs. uh Miss Hwitt was not providing this child with the type of medical care that the child needed. U this child's medical needs were not being addressed.

[01:15:48]The cardiologist's appointments were not being kept. Um Mr. Fenton has stepped in and he has uh in a very short order gotten this child back on track with all of the care with an opthalmologist as far as the child's eyesight and has improved the eyesight uh greatly of this child. According to the testimony, he's improved the speech of this child.

[01:16:12]Child's now speaking some words even though he had been u borderline nonverbal.

[01:16:19]He is uh now on track with his cardiologist. He has a clearly has a significant heart issue that uh must be addressed and must be uh watched and monitored.

[01:16:32]I know this because I have a cousin when I was a young child. My cousin who was 10 or 11 years old had a hole in her heart and she had surgery and she died on the operating table. Um, so I'm well aware of the fact that a heart issue with a minor child can be very very um concerning and very very uh serious and needs to be dealt with.

[01:16:57]So the um fact that Mr. Fenton has stepped in and in short order has gotten this child um on a right track to improve his education and speech, his um health and all of and his eyesight and everything else uh clearly again affirms that this was the right decision to have been made and that factor clearly favors him. It is also unregrettably um fact that this court finds that Mrs. um knew it had disability according to the testimony and let that disability expire because she did not get uh a re a confirmation a reconfirmation or reaffirmation of her ability to have that. If you are disabled then that's one of the most important things you can do because if you're saying you're not able to work then you going to have to have some way to support yourself and your child. Um there is a as this court is well aware social security disability also provides a benefit for the children and if in fact this order will contain a pro provision that if in fact Miss Hwitt is again um placed back on the disability status for the social security administration that portion that would be payable for uh this child will be paid to Mr. Fenton because clearly I'm headed in the direction of making him the permanent parent, primary residential parent, but that benefit will go to him and not to her. So it needs to be sure that that is in this order so that it can be sent to the administration, Social Security Administration.

[01:18:40]The court is also aware on this factor of the u photographs and the testimony of the police officer regarding the conditions that were existing at the time in Miss Huitt's apartment or house that she was living in. And frankly, those conditions are unacceptable for any child uh to have to live in that kind of a in that kind of filthy environment. And the chemicals that were there on the floor in those photographs within easy reach of this young child who has disabilities is again unacceptable. And we're just lucky that it hasn't had a tragedy taking place.

[01:19:23]Number five of these factors is the degree to which each parent has been a primary caregiver. I've addressed that.

[01:19:30]Um and currently Mr. Fenton is uh clearly the primary parent providing the care for the child and he's taken the greater responsibility performing all parental responsibilities.

[01:19:43]Number six, the love, affection and emotional ties existing between each parent and the child. Mr. Fenton didn't have a chance to bond with his child until he began his visitation. But the photographs that have been demonstrated here today of his interaction with his son, the statements that have been the testimony that's been offered regarding his relationship with his son uh clearly established that there was a strong bond between him and the child. And Mr. Fenton has uh as a a mature father, I'm not I don't even know how old he is, but you clearly he's not a young man by some standards. young. He is young by my standard, but he has taken it uh upon himself to uh parent this child. And I think there's a strong bond between them. I don't doubt that Miss Hwitt has love and affection for her son. But the testimony has been of the verbal abuse that she heaps on this child for something that he does or does not do.

[01:20:41]The neglect that it appears to me that has this child has been subjected to make it obviously uh clear that this is a factor that would benefit that would favor Mr. Fenton. Being a parent is more than than having biology. Uh it's more than being able to have a child. Being a you can you can birth a child. You can be a father to a child. But that's not being a parent. Being a parent is addressing the child's needs and putting that child's needs ahead of your own needs.

[01:21:14]And I think Mr. Fenton has shown an admirable willingness to upend his life at this stage in his life to become a parent of a young child with needs. And Mrs. Huitt, in my opinion, has failed to show that she is willing to put this child's needs first in her life. And as a result, I find that favor to fact uh that factor rather to favor the father. The emotional needs and developmental level of the child. I've touched on it, but I'll touch on it again. This clearly is a factor that favors Mr. Fenton because there are developmental level uh needs of this child that Mr. Fenton is addressing that have not been addressed. 17 unexcused absences from a year of school for a child that has special needs is unacceptable. Mr. Fenton has been able to enroll the child in school and make sure that the child is there every day.

[01:22:09]There are no unexcused absences according to proof. So therefore, it clearly shows that that he is addressing the developmental needs of this child.

[01:22:18]All of the other steps I've referred to, the medical care, the eyesight, working with the school uh regarding the child's speech, all of those things have been uh things that have occurred since Mr. Fenton became the primary presidential parent and they will continue to benefit this child in this court's opinion and they were not being met uh in this court's opinion while the child primarily resided with Miss Huitt the moral, physical, mental and emotional fitness of each parent as it relates to their ability to parent the child.

[01:22:55]The court has watched and has observed these two parties and there is a marketked difference between them.

[01:23:01]Um when this case first became before the court um my opinion of Miss Huitt was that she was forthright, she was forceful in her testimony and and uh I thought at that point was credible and that just goes to show you sometimes the court even is mistaken about these things. Um, it has I have learned that her testimony previously has uh been filled with inaccuracies that to charitably call them an inaccuracy would be one thing. The other thing would say that she committed perjury when she testified in this court. But in any event, um, the court is of the opinion that Mr. Finn has not demonstrated and and he is here today despite the fact that you know there and and subjected himself in the past to testimony even and the fact that there have been some false allegations made against him in the past that came out in a prior hearing and those things have been uh completely proven to be un un uh untruthful and unmmerited and uh the fact of the matter is is that that was something that Miss Hwitt attempted to use against and those things as quarters of the opinion again demonstrate the difference between these two is marketked. Um I don't find that that the testimony of Miss Huitt today and her demeanor in court demonstrate to me that she is either emotionally fit to have the primary care of this child or not. um the use of aderall. Aderal is a drug that can have great benefit to people who have a demonstrated need for it. It is a drug that is often abused u by people who have a drug issue and the use of aderall in such has been testified here today concerns this court greatly regarding whether or not Miss Huitt is actually using this drug in the way that it was intended to or if there is a demonstrated need uh for aderall.

[01:25:10]Too many people use aderall just as a substitute for other types of drugs. And uh it is this court's opinion that that is a factor that must weigh on the physical and mental and emotional fitness of Miss Hwitt.

[01:25:26]Child's interactions and relationships with other siblings. Obviously the court has heard testimony regarding u Sophie the child that Miss Hwitt has that is still in this situation. I don't know whether that situation will change based on the Department of Children's Services. Uh this court doesn't have the power to make certain parents good parents. Uh I wish I did. I wish I could wave a magic wand and you know things would be different for Sophie growing up. But the fact of the matter is is that uh Miss Hwitt is the biological mother of Sophie and she at this point has uh care and custody and Sophie unless the Department of Children Services steps in will have to live in that conditions that I see in those photographs. So that's really regrettable for this child. Um, one of the reasons I wanted this child to be outside of this courtroom is there if she has to live with Miss U. He then under those circumstances, um, I did not feel like it was appropriate for Sophie to have to listen to some of the things that were being said about her mother. You know, she may find it out later and that's up to to them as to whether that happened. Um, but another factor that the court considers is Miss Huitt's uh statement that Sophie, who made these statements regarding the use of the aderal, her aderole and so forth to the investigating officers and other people that she suddenly um confesses to her mother and to her mother's sister um that she was lying about that. Well, that's typical of a scenario where a child is uh recanting a testimony when they're find that they are still having to live with the person who is doing something that's inappropriate.

[01:27:17]The importance of continuity in the child's life. The court finds that that favors the father that clearly that the stability that Mr. Fenton has or has offered this child is in this child's best interest. the evidence of a physical or emotional abuse to the child. Uh the court is of the opinion that as I've stated the testimony regarding the verbal abuse towards uh this child is a factor that uh is goes against the mother and favors the father.

[01:27:49]The physical abuse can also be attributed in some regards to the neglect that has occurred while in Miss Huitt's u custody.

[01:28:00]the character and behavior of any other person who resides or frequents the home of the parent or the person person's interaction with a child. There's no testimony regarding that about any of the other uh parties. The reasonable preference of a child of 12 years doesn't apply. Each parent's employment schedule, Mr. Uh Fenton is the only one employed and as a his testimony is he works at a 40hour week average which is fairly standard and he has other folks who are able to assist him that his fiance and her daughter who live with him. Uh so there's no problem with his work schedule.

[01:28:37]Any other factors deemed relevant by the court and this court is of the opinion that too often we see people who uh portray themselves as a victim uh in a particular situation. And I don't mean to be unduly harsh to Miss Huitt, but it is this court's opinion, having observed her demeanor and behavior and testimony in uh prior hearings that she has very much uh been willing to play portray herself as the victim in the situation and I think she still continues to portray herself in the vict in a in the role of a victim. As a result of that, I don't find that she is the victim of anything other than her own malfeasants, her own u bad parenting towards this child and towards Sophie and that as a result of that uh this court does not consider her to be a victim of uh in any way, shape, form or fashion. But I do believe that she is willing to portray herself in that way as an effort to try to convince the court that she has been victimized by this procedure. So based upon all of those factors, this court finds that the clear and uh if clear and convincing, even though that's not the standard, the clear and convincing evidence in this case is that Mr. Fenton is the prime should be and it will be made the permanent primary residential parent of this child. And as far as this court is concerned, I have considered the u pro uh the permanent parenting plan that he has proposed and this court adopts that proposed parenting plan in its entirety. Part of the reason for that is because when I granted Mrs. Miss Huitt the visitation there were multiple instances that she didn't visit with the child or multiple instances where she failed she would come pick the child up and then say I can't bring him back and that is playing games with the court's orders and this court's opinion. Um, right now based on the circumstances that I've heard today, the conditions existing in her home, it is inappropriate for her to have overnight visitation here in Dixon County. And therefore, her visitation will be set in the county wherein Mr. Fenton resides and it will not be supervised, but it will be according to the schedule that is set out there and then it will be incumbent upon her to visit with the child there. Now, the parties can agree at any point to a different schedule. Mr. and if she's up there for the weekend and can uh or up there for the day and can spend the day with the child there in that county, but I am ordering that her visitation at present be um in exercised in the county where you reside that not bringing the child back and forth and every other aspect of this proposed parenting plan.

[01:31:42]The court will uh will adopt the child support issue. Um, at this point, Mrs. Huitt is not employed. Uh, I don't have any real evidence before me that to say that she couldn't be employed, but she is not.

[01:32:01]And Mr. Fenton is u willing to wave child support at present. I'm not waving it. I'm simply reserving it. And uh that means that if she becomes employed, then this issue can be revisited. If she becomes disabled or gets her social security disability reinstated, as I've stated, then that benefit for the child will go to Mr. Fenton. But the issue of child support, we might she might play the lottery and win that billion dollar lottery. In that case, she's going to need to pay her fair share of child support. That's why I'm reserving it and not just waving it. So, it'll be reserved and it'll be there in the event the circumstances change to where it could be done.

[01:32:44]Now, I've spoken fairly harshly to about you, Miss Huitt. I would like nothing more than for you to get your life straightened out, get back on a on a kind of a relationship that you could have with your child. But right now, I don't find that you are uh the proper parent to have the custody of this child and that there are issues in your life that you need to address. Get those issues resolved. Get your life straightened out. You will have the right to come back to court and petition the court for a modification of your visitation, but it will require a material change of circumstances. And so, you're going to have to prove when you come back to court that things are better for you and that you can actually exercise visitation for that will be in the best interest of this child. That is the judgment of the court. Miss uh you may Um, so I heard you say that you're adopting the parenting plan. Would that include the uh imputation of Miss um you would income there per the regulation or although it will be zero at the end of the day because of the deviation that I included there.

[01:33:59]>> You need to show that there's a deviation because she is unemployed. So, judge, I'm just uh concerned about if we use the word reserved, it's not in conjunction with, you know, we we deviated, but then we also say the child support is reserved. Can we say that?

[01:34:18]>> I am not considering your calculation of child support because that was based on an imputation of income to someone who is not working and who says she was on disability. I am instead u simply reserving the issue of child support so that in the future if she becomes employed it can be revisited.

[01:34:38]>> Okay. So however I sub uh drafted it I'll keep it that way. Is that right?

[01:34:44]>> That's correct.

[01:34:45]>> Thank you judge.

[01:34:47]>> All right then that concludes this hearing and this concludes this matter will no longer be pending before the court with the entry of this order. Therefore, we are adjourned.