Monday, November 13, 2006

Another "Unfit" Judge OR Why I Like the "Cookie Cutter" Approach that Leaves Judges No Discretion

This is really a joke comparing this Judge to King Solomon.

A joke, albeit a sick one..

Yet it speaks to what I have already said dozens of time: mothers and children cannot trust the family court system in this country to rule on our custody cases…

They simply have proven themselves unfit for the role.

Even this farce of a hearing to supposedly decide how to send this little girl down to Uruguay to visit her mother after her mother is deported. I predict this little girl won’t see her mother or Uruguay for the next 18 years and living with a drug dealer, who knows what will have happened to her between now and that time.

http://www1.tcpalm.com/tcp/local_news/article/0,2545,TCP_16736_5082466,00.html

Judge must play King Solomon with Vero Beach child

By DAN GARCIA
October 21, 2006


VERO BEACH — A judge ruled a 22-month-old girl at the center of a bitter custody dispute should live with her father, who is a drug offender, rather than with her mother, an illegal alien.

Circuit Judge Paul B. Kanarek ruled that Dane Cassidy, 26, of Vero Beach should provide the primary residence for the child, despite pleas from the mother's attorney the girl will grow up in a "toxic atmosphere" because of the father's alleged drug use.

After a day-long hearing Friday, Kanarek ruled against the mother, Noelia Noemi Sosa Espindola, 23, who sought to be named as the child's primary provider despite the fact she faces imminent deportation to her native Uruguay.

However, Kanarek asked attorneys for both parties to submit proposals outlining methods in which the child would be flown regularly to Uruguay for visitation with Sosa. (emphasis mine: this is a joke really, a total waste of the mother and attorney's time.)

Sosa's attorney, Margaret Anderson, described the case as "a tragedy," saying Cassidy repeatedly threatened Sosa and her family with deportation if she did not remain with him, hurled ethnic slurs at the family and turned over documents to the Indian River County Sheriff's Office that led to Sosa's arrest for using someone else's Social Security number to find work.

After her arrest, Sosa was placed on a federal detainer for deportation to Uruguay because she overstayed her visa when she traveled to the United States in 2003.

Cassidy's attorney, Kate Hill, told the court "there is no evidence he turned her in" to authorities by telling them Sosa was in the country illegally.

"He was contacted by a detective and that's the first he ever heard of it," Hill said.

Cassidy and Sosa had Danelia Nicole Cassidy out of wedlock Nov. 21, 2004, but they broke up in August 2005 in a bitter spat, during which Sosa flushed her engagement ring down the toilet, according to both of them.

Cassidy, who works for a screening construction company, testified he broke up with Sosa because she was "going to clubs" instead of staying home with their child.

Sosa testified she initiated the breakup because of Cassidy's drug use and because he struck her three times, insulted her family's ethnicity, and broke his curfew by staying out past 10 p.m.

According to court records, Cassidy recently completed drug-offender probation after being charged in St. Lucie County with possession with intent to sell or deliver marijuana on April 20, 2004. (emphasis mine: Just your friendly neighborhood drug dealer, no big deal obviously in a custody case.)

Sosa, who was brought to court under the custody of two federal agents, testified tearfully Cassidy "wasn't mature enough to be a father.

"We got into fights, and the subject was always drugs," Sosa said. "Everytime we got in a fight, he told me he was going to deport me."

Cassidy testified he gave a sheriff's investigator a Social Security card used by authorities to charge Sosa with criminal use of personal identification. Cassidy said he found the card in a closet in November, but didn't gave it to a detective until April — on the eve of his child-support hearing. (emphasis mine: but of course we all know it's not about the money, it never is. It's about the love of a father for his daughter. What a joke.)

Sosa reported to the Vero Beach Police Department her Social Security card and passport were stolen from the vehicle of a friend, Cathleen Vicuna, on Oct. 6, 2005, when she and Vicuna went jogging near Riverside Park.

In considering proposals in which Danelia would be allowed to travel to Uruguay, Kanarek cited Uruguay as a signatory to the international Hague Convention, in which countries are bound to honor family court orders.

Kanarek asked Anderson and Hill to submit proposals within 10 days "that place the child with the father and spell out specifically how the child will have contact with the mother." (emphasis mine: This is a joke really, a complete waste of time, totally unenforceable from the minute the custody order is signed and the mother is on the plane headed back to Uruguay.)

17 comments:

bloggernoggin said...

Listen you arrogant idiot white-haired dyke, don't go to texas fem's blog and badmouth me. The only reason I talk to you like this is you are fucking wortless and deserve to be talked to in the manner that you exist. Stay the fuck away from her blog or I'll haunt you till no end!!

Martha said...

What did you do to this guy nymom?

Martha said...

It seems an Abortion Clinic decided to kill a Baby that was born alive. Charges are being filed. This is what the Right to Choose crowd is all about. Their power of life and death over others. Glad you kept your genes out of the gene pool.

NYMOM said...

I said nothing about him but the truth...which is what he's upset about. He's been on my blog posting all kinds of crap and then going anonymously to other blogs and doing the same thing.

I just outted him that's all.

NYMOM said...

"Glad you kept your genes out of the gene pool..."

Well sorry to disappoint Martha but I'm a grandmother actually.

It really puzzles me however about women like you, so concerned about children until they are born, then you ignore them. Like this 22 month old girl in the story. Not a word from you over a drug dealer being given custody of her, after he set her mother up to be deported.

dadvocate said...

nymom - I was directed to your blog by a commentor on mine. Seems you're not real happy with men which doesn't bother me that much.

The curious thing is that I agree with most of your points in your posts. I've supported default joint physical custody for quite a while. Some reasons are the same reasons as yours and some are different.

I have joint physical custody of three kids. I pay slightly more than my share of expenses but that's OK by me because I'm one of those, rare I quess, men who loves spending time with my kids.

Keep writing. It can be cathartic. I used to be much angrier than I am now. If you read my blog you'll see I still get upset with New Yorkers occasionally. :-)

NYMOM said...

Most people, without an ax to grind, would agree with many of the points in my posts.

Unfortunately few of them are on the internet as bloggers or commenters.

Anyway good luck with your family.

bloggernoggin said...

Nymom is an ugly old hag,
turned her man into a gay ol, fag.
comes on her to post her slime, it should be a fuckin crime.
hates me now she can't think straight,
must have been something she ate.

silverside said...

He's just another abuser custodial dad. That's all. He's Exhibit A for what we talk about here. A foul mouthed individual who stripped a mother of custody for the money then actually brags about driving her into self-medication/drug abuse. He tries to play the role of rational commenter, but they you see his true colors. A shoving, cursing, name-calling intimidating bully. Tries to buy off his daughter with ponies. Seen it too many times before....

NYMOM said...

Sad isn't it????

That why I don't delete him as much as I did before...as I think it's more useful for people to see him for what he is...

He's also a good example of why I don't believe women can ever trust the courts to decide our custody cases...since if this nut can win custody, ANYBODY can...

I'm trying to figure out how he passed the evaluation???? Shouldn't that have exposed all these anti-social tendencies he's harboring???? It's like that Darren Mack with his first custody case???? I mean what the heck do those evaluations measure if they can't 'catch' these things???? Or if they do, as they did in your ex's case, the Judge ignore the findings and award them custody anyway????

BloggerNoggin said...

nymom, it's not me commenting, someone has been using my name. An easy way to show is go to sitemeter.com, and then you can trace who and where the posters are, I'll bet you get two different cities. I'm sorry about that, but honestly, it's not me.

nymom, yes I did file for full custody and yes I won! Yes my first motive was for money, my first! I was freakin' scrared and I never went through anything like that before in my life. We attained a custody evaluator and upon her eval, her opinion was that my daughter come live with me because the mother was unstable. She never had a job, she had a history of alcohol abuse, she had 2 abortions which one I knew of and...the rest is history. I think it's a good thing my daughter is with me. Like I said, there's good and bad moms n dads in this world. not all are bad. It's just somehow you think that every mom has a right to their children and they shouldn't. It's a matter of morals, stability and being able to be a provider on your own and she never owned up to any of that stuff. I was the primary caregiver when we were married, that was 80% of why the judge awarded me custody. I took care of her, not my ex! She sat on her fat ass and watched tv all day, went 4 times a week on girls night out until 2 am , she slept with my best friend behind my back. INITIALLY I told you Maggie that I went to file for full because of the money, and yes I am ashamed, but let me tell you this, I am glad I did because my daughter is better off with me than her mom. You can't tell me that if I was 80% caregiver that my kid goes with mom and gets 1/2 of my income? Over my DEAD body!

NYMOM said...

Well until proven otherwise bloggernoggin you are guilty as charged.

Either you dragged these people over here with you (meaning they know you from other sites or even have access to your computer at home or work) OR they are your alter egos...

Either way I've enabled comment moderation on this blog so everything everyone saids going forward will now have to be screened until further notice.

It's like dealing with children. Yet you claim to be a married man with three children yourself. Something about your behavior on the internet just doesn't ring true.

BloggerNoggin said...

I'm sorry you feel that way. I'm a true dad raising my daughter alone.
I did not drag anyone here, but they maybe followers. I sincerely apolgize for any troubles it brought to you and your site, I wish I could bow out. Someday I will, and unfortunately you won't witness it, or the people I thought that would applaud me.

I'll see you around.

BloggerNoggin said...

Think what you will maggie. I'm not bringing myself to your level, I'm sorry. This debate along with every other one is over. I have better things to do.

NYMOM said...

"...dad raising my daughter alone..."

Well you claimed you were married with two other children, so which is it? Are you alone or married???

Make up your mind here.

Anonymous said...

I WON BITCH!! NOW YOU HAVE TO WASTE YOUR TIME LOOKING ATA LL COMMENTS POSTED HERE. aWASTED MINUTE OF A FEM-NAZI'S TIME IS A GOOD THING. ONE MORE BITES THE FUCKIN DUST HAHAHAHAHAHAHHAHAHAHHAHA

NYMOM said...

I decided to let this comment post just to demonstrate what some of us have to deal with on a regular basis...the many idiots who have nothing better to do with their time but send anonymous emails and harrass others...

My the way anon you won nothing, as I have PLENTY OF TIME TO WASTE...

Okay...

Idiot.