Fighting for our rights to see our kids
Donation protected
My name is Brendan Higgins. I am a 60% Disabled Veteran, and medically retired from the United States Navy. I am writing you today to share my story in hopes that you can help correct the injustices that have been ordered against myself and my children living in the state of Missouri.
I love my children dearly and only want whats best for them.
My story begins in 2004. At the time, I was on active duty in the United States Navy. I was deployed to the island of Diego Garcia when my ex-wife and I separated. Receiving the news was heartbreaking; however it was not unexpected as there had been some marital problems prior to my deployment. When I returned to the Washington D.C. from my deployment in December, the base housing that we were living in had been emptied, and all I had were the tropical uniforms and civilian wear that I had packed for the 6 month deployment. It was at that point, I was informed that I had 2 weeks to vacate base housing as I no longer qualified for that benefit. With the help of my command, I was able to overcome these circumstances, and continue to serve.
Shortly thereafter, I received orders to deploy to the USS Roosevelt DDG80 based out of Jacksonville, Fl. During this deployment, my Divorce was finalized by the State of Kansas in August of 2005. I never received service of the court proceedings, nor did I have any representation present during them. My ex-wife received a default judgment against me. This judgment required that I pay $600.00 per month in child-support, and I was to receive supervised visitation in the Kansas City metropolitan area only. I have never abused or neglected my children, and the only basis I can find for such a restrictive order is found in my lack of representation during the divorce proceedings. I was never served a copy of the judgment of divorce, I had to purchase a certified copy from the courthouse. I did not choose to appeal this decision at this time due to the financial costs associated, the willingness of my ex-wife to allow visitation away from the Kansas City Metropolitan area, and my agreement of the fairness of the child-support amount.
My first visitation with my children since 2004 was during their Christmas break in 2005. This visitation occurred in St. Louis Missouri, and was unsupervised. My children and I spent the holidays that year with my parents and siblings. It was a joyful reunion that was short-lived, and I returned to my command in Washington D.C. after returning my children to their mother at the end of their break.
Shortly after returning to my command, I received Permanent Change of Station orders to the USS Kennedy CV67 with a report date in early June 2006.
I was unable to effect any visitation with my children that summer. During the PCS move, I became ineligible for Basic Allowance for Housing, and I was to live on-board ship. I did not have a residence that my children could visit me at during that summer. I was also experiencing financial difficulties due to the change in pay with the loss of BAH making a trip across country impossible to finance. I declined visitation with my children that summer because it was in their best interest. I was also denied visitation the Christmas break of 2006 by their mother; however I was able to enact a short visit in early 2007 during which my oldest daughter had a tonsillectomy. It was still a financially tight time, but between my ex-wife utilizing some of her airline points, my brother's willingness to allow me to stay in his home, and my limited ability to cover my own food and a rental car, I was able to be there.
It was shortly after this visitation, my ex-wife's father denied me the ability to contact my children via his phone. My ex-wife and my children were living in the basement of his house, and the only other number I had to access my children was my ex-wife's cell phone. Regularly, I would call to speak with my children on her cell phone only to leave a voice mail and not receive a return phone call.
By the summer of 2007 I had been promoted to E-5 and qualified for BAH again. I had rented a 2 bedroom apartment in Jacksonville Fl., and I was assigned to Limited Duty in the Naval Station Mayport message center due to the aggravation and treatment of injuries I had sustained to my lower back. I was able to execute visitation for the entirety of that summer with my children. During that time, I had also hired a live-in babysitter to ensure proper care of my children while they visited. I ensured the babysitter was “live-in” because I could be called to base at any time, and I did not want to put my children in harms way while executing my duties. I was denied visitation during their Christmas Break that year as well.
When summer of 2008 approached, I was expecting to be medically retired shortly, and I was unsure of my future living arrangements. I did not want to put my children in an unstable situation. If I was discharged mid-visit, I was unsure where I was to be living. There were enough unknowns at that time, I was unable to properly plan for my and my children's future. I declined visitation the summer of 2008 because it was in the best interest of my children. I was denied visitation during the Christmas Break of 2008.
It was during the fall of 2008 that my relationship with my current wife solidified, and we chose to be wed. My children were not allowed to be present for the wedding ceremony. By summer 2009, I was living with my wife and 2 step-children in Jacksonville Fl. I had received medical retirement from the United States Navy, and I had applied for disability benefits from the Department of Veterans Affairs, and Unemployment payments. I was able to effect visitation with my children that summer. It was a rough summer due to the adjustment for all the children involved. It was especially difficult for my son, and my youngest daughter. My son has Downs Syndrome with Autistic Tendencies, and change to his routine on top of meeting new people is very difficult for him. My youngest daughter showed signs of difficulty adjusting to the change in familial circumstances. My other daughters appeared to adjust well and developed a decent report with each other. I began attending ITT Technical Institute in September 2009 utilizing VA Vocational Rehabilitation services. I was denied visitation during the Christmas of 2009.
In the summer of 2010, I was able to have visitation with my children. My youngest daughter continued to have difficulty adjusting to a blended family; however we continued to work with her to overcome these issues by seeking professional counseling. We also had a “Christmas in July” that year as I had not been able to have any visitation with my children for Christmas in many years, and it did not appear I was going to be able to effect visitation Christmas of 2010.
Shortly after their visit, I filed for a motion to modify my child-support and visitation in the State of Kansas. Finances had reached a critical point that precluded me from maintaining the $600.00 a month original order, and the lack of even alternating Christmas visitations had taken its toll. This motion to modify was dismissed due to lack of Jurisdiction by the Kansas State courts since my ex-wife had moved to Lee Summit Missouri.
In January 2011, I was not able to afford an attorney or the filing fees associated with a motion to modify child-support and visitation in Missouri, and I filed for services requesting a modification of child-support with the Department of Children and Families Child Support Enforcement Unit in Missouri.
I was denied visitation for most of the summer of 2011. There was a short 10 day visit that occurred towards the beginning of August only because my younger sister was making a trip to visit, and she was able to convince my ex-wife to allow her to bring my children with her for that time.
This was an extremely important summer to me. I had finished the Associates Degree level of my educational program, and I was Valedictorian of my class. I was very upset that my children were not there to share in this accomplishment. The “Christmas in July” that had been started the previous year had already been canceled; the visit was planned at the last minute, and was over much to quickly.
By August 2011, the Missouri Child Support Enforcement unit had still not taken any steps to modify the child-support order; however they were marking my arrear-ages monthly and threatening civil and criminal enforcement actions against me causing undue stress and anxiety. I was denied visitation Christmas of 2011.
I was denied visitation for the entire summer of 2012. I was denied visitation Christmas of 2012. My children had received cell phones at some point during the year of 2012; however when I attempted to contact them on their cell phones, I regularly received their voice mail with few return phone calls. Most of my phone contact with my children that year occurred when they were visiting my Brother on the weekends, and I called his phone to be able to speak with them. The Missouri Child Support Enforcement Unit had still not provided any modification of the child-support order, and my arrear-ages continued to grow. My wife's 2011 income tax return was intercepted in 2012 to pay my back due child-support, preventing the use of her income tax return for care of my step-children. I did not qualify for any income tax refund for 2011 as my only source of income for that year was my VA disability payments.
My son spent 3 months in the hospital during the beginning of 2012 for a staph infection and a heart valve replacement surgery. During this time, my step-daughter stayed with her Grandmother in New York to ensure her continued care as we had no family in Florida, and care for my son required 24 hour assistance from both my Wife and I.
In March of 2013, I had completed my course of study earning my Bachelor's level degree from ITT Tech, and I was the valedictorian of my graduating class. I was denied having my children attend the graduation and share in this accomplishment.
My wife, step-children, and I moved to New York, my wife's home state, at this time. After my son's illness the previous year, we needed to be close to a large center of extended family for support should we need further surgeries brought on by his disabilities.
The Missouri Child Support Enforcement Unit finally modified the child-support order on 10 April 2013; however they failed to back-date the modification to January 2011when the request for modification was originally made. I was able to gain employment May of 2013.
I was denied visitation with my children during the entire year of 2013; however my mother living in South Carolina was able to have a short visit with my children. During their visit with my mother my children informed her of ongoing abuse by their step-father. My mother then coordinated a phone conference with my children, my Brother, my wife, and myself. My children then told all of us of the abuse that had been occurring in their mother's home at the hands of their step-father. I immediately contacted the Missouri DCF abuse hot-line, the New York CPS abuse hot-line, and I retained a lawyer utilizing funds borrowed from multiple family members. On my lawyer's advice, I had my mother bring my children to me in New York while he filed a motion to modify custody in Missouri. Had I performed more legal research, I would have ensured that my lawyer had filed what I understand to be call an “Ex-Parte” order prior to bringing the children to New York. I now understand that without that order, I was in contempt of the current custody order. Unfortunately, my lack of legal research and the poor advice received led to my contempt. To further this mistake, under the legal advice from my attorney, I restricted phone contact with my children's mother while awaiting her service of the motion to modify custody. Unfortunately, my ex-wife was not served prior to the expected return date of the children, and I had to notify her of the children's whereabouts, and the motion to modify custody. Phone contact was then permitted between my children and their mother.
Upon notifying my ex-wife of the children's whereabouts, she filed for an “Ex-Parte” order to have them returned. Within 24 hours of the Ex-Pate order being issued, I complied and returned my children to their mother's custody. When relinquishing custody to their mother, my youngest daughter had a severe emotional outburst clinging to me while crying and begging me not to make her return. This was witnessed by the Gaurdian ad Litem.
Multiple pre-trial hearings and a mediation required by Missouri state law were completed eventually leading to trial on May 13, 2014. During this time, the legal fees, attorney fees, and mediation fees have continually drained on my financial situation driving my wife and I further and further into debt. My ability to visit my children in Kansas City has been financially impossible. I do call my children on their cell phones at least once per week; however I am still often met with their voice mail, and receive few return calls. It was also during this time that the Guardian ad Litem assigned to my children by the Missouri court showed regular and continuing bias in favor of the mother rather than conducting a thorough and complete investigation prior to determining the best interests of my children. The Missouri DCF failed to conduct an investigation into the allegations of abuse made, or even an initial inspection of the home and closed the case turning it over to the GaL. Futher, the New York CPS did make substantiated finding of Inadequate Guardianship against my children's step-father, with comments that further investigation into the alleged abuse was not possible due to lack of jurisdiction in Missouri along with the closing of the Missouri DCF case. It was also stated in the New York CPS report that my children's step-father admitted to physically disciplining my children, at the time he entered into their lives they were already of an age that it was inappropriate to do so.
The trial on May 13, 2014 occurred. During trial, I was able to express the abuse that my children informed me of, and the continuing concerns I have for their welfare to include poor school performance and school discipline issues for my youngest daughter, regular ER visits due to injury, including an incident from my oldest daughter being hit by a car while she was walking in Tornado and Thunderstorm conditions. Both the GaL and my ex-wife's attorney refused the existence of a substantiated finding by New York CPS. Further, both the GaL and my ex-wife's attorney continually framed me in the light of being the abuser when I have never had a single substantiated claim against me for such, nor have I have taken any actions that could have led to such a claim. During my ex-wife's testimony, she further alleged that my children should not and did not need to have any relationship with me as I was detrimental to them.
New parenting plans were presented to the court for consideration during the trial. I submitted 2 plans. The first plan outlined continued joint legal custody and physical custody with residential placement of my children with me. It provided for substantial opportunity for their mother to effect visitation at least once a month, alternating Christmas visitation, and full summer visitation. It also called for a reasonable amount in child-support to be paid by the mother. It also called for responsibility of any extra-curricular activities be supported by the parent signing the child up for the activity. Finally, this plan provided that each parent provide health insurance for the children, and any amount after all insurances had paid, would be split between both of us.
The second plan was offered to the court taking into account that the court may not choose to provide residential placement of the children with me. The plan outlined joint legal and that physical custody with residential placement of my children with their mother. It provided for substantial opportunity for me to effect visitation at least once a month, alternating Christmas visitation, and full summer visitation. It also called for a reasonable amount in child-support to be paid to the mother, and it also called for responsibility of any extra-curricular activities be supported by the parent signing the child up for the activity. Finally, this plan provided that each parent provide health insurance for the children, and any amount after all insurances had paid, would be split between both of us.
My ex-wife also submitted a parenting plan to the court. Her new parenting plan provided for her to have sole legal and physical custody. It restricted any visitation I had with my children to within 30 miles of her home in Missouri once per month, one week per summer, and an alternating Christmas/Holiday schedule that ensured that she would have the children on every Christmas Day. Should I violate the terms of visitation, then my visitation would be restricted to once per month for 3 hours, and that visitation would then be supervised. It also called for an unreasonable amount in child-support be paid as well as half of any extra-curricular activities she decided to sign my children up for regardless of my financial situation. Finally, her plan only required her to provide health insurance for the children, disregarding the insurance that I currently carry for my children. It also required that I pay half of any uncovered health services regardless of if a claim with either of the health insurance policies I provide has been submitted allowing her to refuse to utilize the insurance I provide.
At the end of the trial, the presiding Commissioner stated that a judgment would be forthcoming in two weeks. It took the Commissioner a full month to provide the judgment. The judgment followed my ex-wife's parenting plan stripping me of any rights I have to my children and restricting my visitation in such a way that I cannot possibly afford. The judgment also awarded my ex-wife $5000 in attorney fees, took incorrect amounts into account for the arrearages I currently owe to hold me in contempt, and threatens imprisonment for said contempt. The judgment also makes findings of fact that are not supported by any evidence.
It is deplorable that an injustice such as this can be entered into record and enforced. Neither my attorney nor hers should be creating judgments for a judge to just sign. Judges are placed on their benches with the expectation of evaluating evidence and making fair and just decisions based on the law, and then to issue their findings, not the findings that a biased attorney has written for them.
As I sit here writing this, I have to hire an attorney to continue to fight for my children and against this injustice throwing myself and my family into further emotional suffering and financial ruin.
Very Respectfully,
Brendan Higgins
I love my children dearly and only want whats best for them.
My story begins in 2004. At the time, I was on active duty in the United States Navy. I was deployed to the island of Diego Garcia when my ex-wife and I separated. Receiving the news was heartbreaking; however it was not unexpected as there had been some marital problems prior to my deployment. When I returned to the Washington D.C. from my deployment in December, the base housing that we were living in had been emptied, and all I had were the tropical uniforms and civilian wear that I had packed for the 6 month deployment. It was at that point, I was informed that I had 2 weeks to vacate base housing as I no longer qualified for that benefit. With the help of my command, I was able to overcome these circumstances, and continue to serve.
Shortly thereafter, I received orders to deploy to the USS Roosevelt DDG80 based out of Jacksonville, Fl. During this deployment, my Divorce was finalized by the State of Kansas in August of 2005. I never received service of the court proceedings, nor did I have any representation present during them. My ex-wife received a default judgment against me. This judgment required that I pay $600.00 per month in child-support, and I was to receive supervised visitation in the Kansas City metropolitan area only. I have never abused or neglected my children, and the only basis I can find for such a restrictive order is found in my lack of representation during the divorce proceedings. I was never served a copy of the judgment of divorce, I had to purchase a certified copy from the courthouse. I did not choose to appeal this decision at this time due to the financial costs associated, the willingness of my ex-wife to allow visitation away from the Kansas City Metropolitan area, and my agreement of the fairness of the child-support amount.
My first visitation with my children since 2004 was during their Christmas break in 2005. This visitation occurred in St. Louis Missouri, and was unsupervised. My children and I spent the holidays that year with my parents and siblings. It was a joyful reunion that was short-lived, and I returned to my command in Washington D.C. after returning my children to their mother at the end of their break.
Shortly after returning to my command, I received Permanent Change of Station orders to the USS Kennedy CV67 with a report date in early June 2006.
I was unable to effect any visitation with my children that summer. During the PCS move, I became ineligible for Basic Allowance for Housing, and I was to live on-board ship. I did not have a residence that my children could visit me at during that summer. I was also experiencing financial difficulties due to the change in pay with the loss of BAH making a trip across country impossible to finance. I declined visitation with my children that summer because it was in their best interest. I was also denied visitation the Christmas break of 2006 by their mother; however I was able to enact a short visit in early 2007 during which my oldest daughter had a tonsillectomy. It was still a financially tight time, but between my ex-wife utilizing some of her airline points, my brother's willingness to allow me to stay in his home, and my limited ability to cover my own food and a rental car, I was able to be there.
It was shortly after this visitation, my ex-wife's father denied me the ability to contact my children via his phone. My ex-wife and my children were living in the basement of his house, and the only other number I had to access my children was my ex-wife's cell phone. Regularly, I would call to speak with my children on her cell phone only to leave a voice mail and not receive a return phone call.
By the summer of 2007 I had been promoted to E-5 and qualified for BAH again. I had rented a 2 bedroom apartment in Jacksonville Fl., and I was assigned to Limited Duty in the Naval Station Mayport message center due to the aggravation and treatment of injuries I had sustained to my lower back. I was able to execute visitation for the entirety of that summer with my children. During that time, I had also hired a live-in babysitter to ensure proper care of my children while they visited. I ensured the babysitter was “live-in” because I could be called to base at any time, and I did not want to put my children in harms way while executing my duties. I was denied visitation during their Christmas Break that year as well.
When summer of 2008 approached, I was expecting to be medically retired shortly, and I was unsure of my future living arrangements. I did not want to put my children in an unstable situation. If I was discharged mid-visit, I was unsure where I was to be living. There were enough unknowns at that time, I was unable to properly plan for my and my children's future. I declined visitation the summer of 2008 because it was in the best interest of my children. I was denied visitation during the Christmas Break of 2008.
It was during the fall of 2008 that my relationship with my current wife solidified, and we chose to be wed. My children were not allowed to be present for the wedding ceremony. By summer 2009, I was living with my wife and 2 step-children in Jacksonville Fl. I had received medical retirement from the United States Navy, and I had applied for disability benefits from the Department of Veterans Affairs, and Unemployment payments. I was able to effect visitation with my children that summer. It was a rough summer due to the adjustment for all the children involved. It was especially difficult for my son, and my youngest daughter. My son has Downs Syndrome with Autistic Tendencies, and change to his routine on top of meeting new people is very difficult for him. My youngest daughter showed signs of difficulty adjusting to the change in familial circumstances. My other daughters appeared to adjust well and developed a decent report with each other. I began attending ITT Technical Institute in September 2009 utilizing VA Vocational Rehabilitation services. I was denied visitation during the Christmas of 2009.
In the summer of 2010, I was able to have visitation with my children. My youngest daughter continued to have difficulty adjusting to a blended family; however we continued to work with her to overcome these issues by seeking professional counseling. We also had a “Christmas in July” that year as I had not been able to have any visitation with my children for Christmas in many years, and it did not appear I was going to be able to effect visitation Christmas of 2010.
Shortly after their visit, I filed for a motion to modify my child-support and visitation in the State of Kansas. Finances had reached a critical point that precluded me from maintaining the $600.00 a month original order, and the lack of even alternating Christmas visitations had taken its toll. This motion to modify was dismissed due to lack of Jurisdiction by the Kansas State courts since my ex-wife had moved to Lee Summit Missouri.
In January 2011, I was not able to afford an attorney or the filing fees associated with a motion to modify child-support and visitation in Missouri, and I filed for services requesting a modification of child-support with the Department of Children and Families Child Support Enforcement Unit in Missouri.
I was denied visitation for most of the summer of 2011. There was a short 10 day visit that occurred towards the beginning of August only because my younger sister was making a trip to visit, and she was able to convince my ex-wife to allow her to bring my children with her for that time.
This was an extremely important summer to me. I had finished the Associates Degree level of my educational program, and I was Valedictorian of my class. I was very upset that my children were not there to share in this accomplishment. The “Christmas in July” that had been started the previous year had already been canceled; the visit was planned at the last minute, and was over much to quickly.
By August 2011, the Missouri Child Support Enforcement unit had still not taken any steps to modify the child-support order; however they were marking my arrear-ages monthly and threatening civil and criminal enforcement actions against me causing undue stress and anxiety. I was denied visitation Christmas of 2011.
I was denied visitation for the entire summer of 2012. I was denied visitation Christmas of 2012. My children had received cell phones at some point during the year of 2012; however when I attempted to contact them on their cell phones, I regularly received their voice mail with few return phone calls. Most of my phone contact with my children that year occurred when they were visiting my Brother on the weekends, and I called his phone to be able to speak with them. The Missouri Child Support Enforcement Unit had still not provided any modification of the child-support order, and my arrear-ages continued to grow. My wife's 2011 income tax return was intercepted in 2012 to pay my back due child-support, preventing the use of her income tax return for care of my step-children. I did not qualify for any income tax refund for 2011 as my only source of income for that year was my VA disability payments.
My son spent 3 months in the hospital during the beginning of 2012 for a staph infection and a heart valve replacement surgery. During this time, my step-daughter stayed with her Grandmother in New York to ensure her continued care as we had no family in Florida, and care for my son required 24 hour assistance from both my Wife and I.
In March of 2013, I had completed my course of study earning my Bachelor's level degree from ITT Tech, and I was the valedictorian of my graduating class. I was denied having my children attend the graduation and share in this accomplishment.
My wife, step-children, and I moved to New York, my wife's home state, at this time. After my son's illness the previous year, we needed to be close to a large center of extended family for support should we need further surgeries brought on by his disabilities.
The Missouri Child Support Enforcement Unit finally modified the child-support order on 10 April 2013; however they failed to back-date the modification to January 2011when the request for modification was originally made. I was able to gain employment May of 2013.
I was denied visitation with my children during the entire year of 2013; however my mother living in South Carolina was able to have a short visit with my children. During their visit with my mother my children informed her of ongoing abuse by their step-father. My mother then coordinated a phone conference with my children, my Brother, my wife, and myself. My children then told all of us of the abuse that had been occurring in their mother's home at the hands of their step-father. I immediately contacted the Missouri DCF abuse hot-line, the New York CPS abuse hot-line, and I retained a lawyer utilizing funds borrowed from multiple family members. On my lawyer's advice, I had my mother bring my children to me in New York while he filed a motion to modify custody in Missouri. Had I performed more legal research, I would have ensured that my lawyer had filed what I understand to be call an “Ex-Parte” order prior to bringing the children to New York. I now understand that without that order, I was in contempt of the current custody order. Unfortunately, my lack of legal research and the poor advice received led to my contempt. To further this mistake, under the legal advice from my attorney, I restricted phone contact with my children's mother while awaiting her service of the motion to modify custody. Unfortunately, my ex-wife was not served prior to the expected return date of the children, and I had to notify her of the children's whereabouts, and the motion to modify custody. Phone contact was then permitted between my children and their mother.
Upon notifying my ex-wife of the children's whereabouts, she filed for an “Ex-Parte” order to have them returned. Within 24 hours of the Ex-Pate order being issued, I complied and returned my children to their mother's custody. When relinquishing custody to their mother, my youngest daughter had a severe emotional outburst clinging to me while crying and begging me not to make her return. This was witnessed by the Gaurdian ad Litem.
Multiple pre-trial hearings and a mediation required by Missouri state law were completed eventually leading to trial on May 13, 2014. During this time, the legal fees, attorney fees, and mediation fees have continually drained on my financial situation driving my wife and I further and further into debt. My ability to visit my children in Kansas City has been financially impossible. I do call my children on their cell phones at least once per week; however I am still often met with their voice mail, and receive few return calls. It was also during this time that the Guardian ad Litem assigned to my children by the Missouri court showed regular and continuing bias in favor of the mother rather than conducting a thorough and complete investigation prior to determining the best interests of my children. The Missouri DCF failed to conduct an investigation into the allegations of abuse made, or even an initial inspection of the home and closed the case turning it over to the GaL. Futher, the New York CPS did make substantiated finding of Inadequate Guardianship against my children's step-father, with comments that further investigation into the alleged abuse was not possible due to lack of jurisdiction in Missouri along with the closing of the Missouri DCF case. It was also stated in the New York CPS report that my children's step-father admitted to physically disciplining my children, at the time he entered into their lives they were already of an age that it was inappropriate to do so.
The trial on May 13, 2014 occurred. During trial, I was able to express the abuse that my children informed me of, and the continuing concerns I have for their welfare to include poor school performance and school discipline issues for my youngest daughter, regular ER visits due to injury, including an incident from my oldest daughter being hit by a car while she was walking in Tornado and Thunderstorm conditions. Both the GaL and my ex-wife's attorney refused the existence of a substantiated finding by New York CPS. Further, both the GaL and my ex-wife's attorney continually framed me in the light of being the abuser when I have never had a single substantiated claim against me for such, nor have I have taken any actions that could have led to such a claim. During my ex-wife's testimony, she further alleged that my children should not and did not need to have any relationship with me as I was detrimental to them.
New parenting plans were presented to the court for consideration during the trial. I submitted 2 plans. The first plan outlined continued joint legal custody and physical custody with residential placement of my children with me. It provided for substantial opportunity for their mother to effect visitation at least once a month, alternating Christmas visitation, and full summer visitation. It also called for a reasonable amount in child-support to be paid by the mother. It also called for responsibility of any extra-curricular activities be supported by the parent signing the child up for the activity. Finally, this plan provided that each parent provide health insurance for the children, and any amount after all insurances had paid, would be split between both of us.
The second plan was offered to the court taking into account that the court may not choose to provide residential placement of the children with me. The plan outlined joint legal and that physical custody with residential placement of my children with their mother. It provided for substantial opportunity for me to effect visitation at least once a month, alternating Christmas visitation, and full summer visitation. It also called for a reasonable amount in child-support to be paid to the mother, and it also called for responsibility of any extra-curricular activities be supported by the parent signing the child up for the activity. Finally, this plan provided that each parent provide health insurance for the children, and any amount after all insurances had paid, would be split between both of us.
My ex-wife also submitted a parenting plan to the court. Her new parenting plan provided for her to have sole legal and physical custody. It restricted any visitation I had with my children to within 30 miles of her home in Missouri once per month, one week per summer, and an alternating Christmas/Holiday schedule that ensured that she would have the children on every Christmas Day. Should I violate the terms of visitation, then my visitation would be restricted to once per month for 3 hours, and that visitation would then be supervised. It also called for an unreasonable amount in child-support be paid as well as half of any extra-curricular activities she decided to sign my children up for regardless of my financial situation. Finally, her plan only required her to provide health insurance for the children, disregarding the insurance that I currently carry for my children. It also required that I pay half of any uncovered health services regardless of if a claim with either of the health insurance policies I provide has been submitted allowing her to refuse to utilize the insurance I provide.
At the end of the trial, the presiding Commissioner stated that a judgment would be forthcoming in two weeks. It took the Commissioner a full month to provide the judgment. The judgment followed my ex-wife's parenting plan stripping me of any rights I have to my children and restricting my visitation in such a way that I cannot possibly afford. The judgment also awarded my ex-wife $5000 in attorney fees, took incorrect amounts into account for the arrearages I currently owe to hold me in contempt, and threatens imprisonment for said contempt. The judgment also makes findings of fact that are not supported by any evidence.
It is deplorable that an injustice such as this can be entered into record and enforced. Neither my attorney nor hers should be creating judgments for a judge to just sign. Judges are placed on their benches with the expectation of evaluating evidence and making fair and just decisions based on the law, and then to issue their findings, not the findings that a biased attorney has written for them.
As I sit here writing this, I have to hire an attorney to continue to fight for my children and against this injustice throwing myself and my family into further emotional suffering and financial ruin.
Very Respectfully,
Brendan Higgins
Organizer
Samy Higgins
Organizer
Vienna, NY
