Custody Case Motion Guide

Summary

To file a motion for unsupervised visitation and overnight stays, document all incidents and communications. Report any signs of abuse or neglect to the Division of Child Protection and Permanency (DYFS). Seek legal counsel for guidance. Include details about the detrimental environment, isolation, demeaning treatment, and request for a court psychologist review in your motion.

Full Conversation

i have a very complicated custody case a brief description is i lost custody in * of my son Luciano on false pretenses so from *-* my ex Nick my sons father refused all and any contact with my son no phone no in person absoultuely positive;u nothing and i tried repeatly, finally in * i filed a motion with court and was granted phone time on tuesdays through live video for as long as my son wanted to talk, then next court date i filed for i was given visitation supervised until my son was evaluated through a therapsist so we can have reunification, after doing that for over 6mths visits on every other saturday for only * hours i motioned the court again, and the judge would onnly give me one more hour per visist and did not remove the supervised visit it has now been over a year like this they are multiple events taking place throughtout this ebtire ordeal, number one my son is being mentially aboused , his stepmother taryn is a tyrant she demeans him, belittles him, she told him he has to lie to the judge and to dfys to tell them he dont want to see me, she threatens to shoot me in the face with his dads gun if he sees me , he is not to call me mom only her and i am to be called by my first name or womb donor, my son has moved * times since i lost custodya having been in one home from age birth to 7yrs old with me, his father who had a child prior to my son signed his rights away to his first child and the child he had after our son he has also not bothered with that child either. my son is constatnly treated horrible he is very scared of his stepmother and is withdrawn still wetting the bed and pooping his pants, he smells so bad from their house being disgusted that last year the school sent home several notices to reticfy this problem and he was getting bullied in school as a result of this and yet this school year same thing still stinnksk nothing has changed, prior to him being taken i had him evaulated at childrens hosp and diagnosed with adhd as well as had in with the child study team and had him enrooledi in an iep rprogram none of which as been followed through once he was taken, my son hasnt seen a dentist siince i last took him that was in * he has not had regulart doctor appointments, dfys has been called by his own pare nts and other concerned fammlyy members he lives in a trashy house with an alchohlic step mmom his bed was so black dirty and mooldy as well as the floors that dyfs made them pulle dup all carpets and bought them new beds my son says he never once had a bed sheet on his bed iin 4 years. he is not allowed to do after shcool activities the step mom isolates him from his siblings and family members he is so scared to disobey her that he will not not not talk to the dfys worker he expresses all these horrible things to his close family members but dfys said unless he talks nothing they can do and is reporting that he lives in a perfectly fine house when my son tells me she effects his mental he is not in a good place emotionallly he is scared and withdrawn and feekls as though non one can help him his own father told him he does not wnat to be botherede anymore and basically has left him on his own, the stepmother tells him that his dad can not help him anymore i want to file a motion for overnight visists no supervision, also to talk to me whenever he wants to call he has his celll phone taken away from me because he has my number in it and the stepmom said no your not aloud to have your mmoms number its crazy here is a letter from my sons grandparents on his fathers sice.---------- Forwarded message --------- From: Valerie Mansell <12gypsyrider@gmail.com> Date: Wed, Sep *, * at *:* PM Subject: Fwd: [EXTERNAL] Luciano Mansell To: Mr. Crawley, My husband and I want to thank you for taking the time to investigate our concerns regarding our Grandson, Luciano Mansell. You and I have spoken on several occasions about this case. We understand that your position is that such as, if Luciano does not open up to you and share with you the same concerns he has shared with his loved ones outside of the home, there is nothing that you can do. We have reached out to the Guidance Counselor at Luciano's school and we are hoping that maybe things can be resolved through that avenue. Luciano needs to know that someone is hearing him through his cries out for help. I am forwarding you the communication we have had with the counselor in order to keep things transparent. If you have any questions or require any additional information, please do not hesitate to contact us. Respectfully, Edward and Valerie Mansell * Tara Marie Ln, Port Orange, FL * *-*-* ---------- Forwarded message --------- From: Valerie Mansell <12gypsyrider@gmail.com> Date: Wed, Sep *, * at *:* PM Subject: Re: [EXTERNAL] Luciano Mansell To: Bendig, Jason Mr. Bendig, Thank you for your response. We are extremely concerned for Luciano. The cellphone we provided, for him to have contact with his family members, has been taken away from him by Taryn and Nick as the result of an unpaid lunch account. We do not feel that Luciano should be punished for the lack of the adults responsible for not making payments on his lunch account at school. This isolates him from having the ability to communicate with anyone outside of the home. Taryn contacted Luciano's siblings to send a message to his mom to pay the account and that she took the phone until it was paid. Mom paid the account. Then the phone was not returned because Taryn discovered the fact that we have been in contact with Luciano's mom (Tammy) and she doesn't feel we have any business talking with each other. Now Luciano is again being punished due to adults talking to each other without Taryn's approval. Luciano is * and has no privacy. His phone is ferociously monitored by Taryn regarding who he talks to, what is said between them, and/or photos shared between them. This can be justified if a child has a history or concern with child predators, yes, but should not be so when the child is simply conversing with his loved ones. Luciano has shared his fears and concerns with me and my husband, as well as with his mom and siblings, and Aunts and Uncles when he is away from Taryn and Nick. However, when he is questioned by Authorities, he has been extremely "programmed" to "keep his mouth shut'. Prior to dad and Luciano moving in with Taryn, Luciano has been moved around to many (*approx *) temporary homes with other family members or girlfriends of Nicks. He always felt safe with his dad and adapted to the situation, until now. Luciano was also diagnosed with ADHD by Childrens' Hospital prior to Dad gaining custody. Luciano has never received any followup treatment regarding that diagnosis, that we are aware of. He can't remember the last time he has been to a doctor. Luciano has difficulty with bedwetting and toilet accidents (both) throughout the day and we feel these challenges are related to stress. There is no indication that this has been addressed with a medical professional. He has not been to a doctor in a very long time. Luciano recently got very excited when he got a new toothbrush and toothpaste, he actually video called us to show it to us because he was just so happy. We have no idea how long he has been without a usable toothbrush or toothpaste. He has not been to a dentist in a very long time. Luciano was promised a family vacation to Florida, to visit with our family in August. He was led to believe this vacation was going to take place, from December * all the way up to the week prior to the scheduled trip. Because DYFS was contacted, Taryn blamed it on Luciano for telling people about what happens within their home. The parents felt it was us that contacted DYFS. At that time it was neither of us. It was Luciano's Aunt that made that report out of her concern and obligation as a healthcare provider according to law. The other children in the home are Taryn's biological children and are not necessarily treated the same as Luciano. They seem to have rights and privileges that are withheld from Luciano. He spends a majority of his home time alone or isolated. He has been denied contact with family members outside of Taryn's control and Nicholas seems to just go along with this practice. Luciano has expressed his sadness to many of us by saying that "MY DAD DOESN'T SAVE ME ANYMORE", he just tells me "SOMETIMES IT BE'S LIKE THAT BRO". He has lost all hope in his dad being on his side and protecting him from the verbal, mental, and psychological abuse issued by Taryn. Taryn has insisted that Luciano call her "MOM" and refer to her as "MOM". She has instructed him to call his biological mother by her first name, "Tammy" or "womb donor". She has directed him to tell a Family Court Judge that he "doesn't want to spend time with his mother" and that he "is afraid of his mother". Luciano is petrified of Taryn and will do exactly as she tells him to for fear of the repercussions if he doesn't. Taryn has not been awarded any type of guardianship from the court. Due to Nicholas simply not wanting to be "bothered with this nonsense", he has allowed Taryn to basically appoint herself as the person in control, in charge of, to discipline, and make all decisions on Luciano's behalf. We do not feel Luciano's Best Interests are being considered within this current arrangement. She has told Luciano that no one in his family wants him and that no one in his family would be able to have him live with them, therefore he would have to go to a boys home. That hurts him and scares him. He doesn't realize that is not true. Luciano has been reaching out to many people that he loves, and he knows that love and care about him, for help in this situation. Many family members are afraid of Taryn because of her alcohol and marijuana use and her violential behavior towards them. If she disagrees with anyone or doesn't like what someone says or does, she threatens to keep Luciano from visiting with them. They have been remaining quiet so that they can still visit with Luciano and they feel their "hands are tied" and there is nothing they can do to help save Luciano. He's begging for help and none of us know how to actually help him. DYFS has informed us that they interviewed Luciano at school, on Monday, September *, *. We were told that as long as Luciano does not open up to the interviewer and share his honest heartfelt feelings, there is nothing that they can do to help him. Therefore, our concerns are considered invalid. This is simply heartbreaking to all of us that Love and Care for Luciano. Luciano has Rights too! The State of New Jersey has determined that Children Have Rights as well as adults. Luciano's Rights are being violated, and as his Grandparents, we feel our hands are tied and we can not save our Grandson. With your Professional position and relationship with Luciano, we are very hopeful that YOU or someone within the school system can help Luciano. He is so confused as to why he is "stuck" there. We are thankful that you will be putting a plan together to watch out for Luciano. He needs to know that someone cares about him and is looking out for him. Respectfully submitted, Edward and Valerie Mansell On Tue, Sep *, * at *:* AM Bendig, Jason wrote: Good Morning, Sorry things got crazy yesterday at the end of the day. An advocate is assigned by the state or DCP&P. However, the school is aware, and we have plans to assist. If mom has further questions, I spoke with her yesterday and she can reach out anytime. Thanks, Mr. Jason Bendig Hammonton Middle School School Counseling Department HMS Anti-Bullying Specialist Employee Sick Bank Committee Contact Person * North Liberty Street Hammonton, NJ * *-*-* ext. * From: Valerie Mansell <12gypsyrider@gmail.com> Sent: Tuesday, September *, * *:* AM To: Bendig, Jason Subject: [EXTERNAL] Luciano Mansell This e-mail did not originate from within Hammonton Public Schools. Please STOP and THINK before opening attachments, clicking on links, or providing any information. This Message originated outside your organization. Subject: Luciano Mansell Mr. Bendig, We wanted to take a minute to thank you for taking the time to speak with us yesterday, regarding our grandson, Luciano Mansell. Again, we are very concerned about Luciano’s health, safety and wellbeing. We are concerned that Luciano has not or will not open up to anyone in authority because of his fearfulness of repercussions if he speaks the truth and his Dad, Nicholas or his Dads Cousin, Taryn finds out he told. We do understand that we were not listed in his file as contact persons. Neither was Luciano’s mother, Tammy Turner (Arminini). We discussed possibly having a Certified Advocate for Luciano and we agreed that may be a beneficial avenue to take for him. We’re awaiting further information from you on that. Thank You Again. Respectfully, Edward and Valerie MANSELL *-*-* * Tara Marie Lane Port Orange, Florida * -- Valerie -- Valerie -- Valerie Tammy Armanini <****armanini72@gmail.com> Sat, Sep *, *:* PM (8 days ago) to christina.coombs317@gmail.com
Tammy, I'm sorry to hear about your situation. It sounds very challenging and distressing. To help you better, here are some steps you can consider:
- **Document Everything**: Keep detailed records of all incidents, communications, and any evidence of neglect or abuse.
- **File a Motion in Court**: You can file a motion requesting unsupervised visitation and overnight stays, citing the ongoing issues and lack of proper care.
- **Report to DYFS**: Continue reporting any signs of abuse or neglect to the Division of Child Protection and Permanency (DYFS) in New Jersey.
- **Seek Legal Counsel**: Consider consulting with a family law attorney to guide you through the legal process and represent your interests in court.
Would you like information on how to find legal representation or how to file a motion in court?
yes
Tammy, thank you for sharing your situation. Here is some information to help you proceed:
- **Document Everything**: Continue keeping detailed records of all incidents and communications.
- **File a Motion in Court**: You can file a motion for unsupervised visitation and overnight stays at your local family court.
- **Report to DYFS**: Keep reporting to the Division of Child Protection and Permanency (DYFS) any signs of abuse or neglect.
- **Seek Legal Counsel**: For legal representation, you can contact the New Jersey State Bar Association for referrals.
Would you like guidance on filing a motion in court or finding an attorney?
can you help me write a motion
Sure, Tammy. Here is a basic outline to help you write your motion for unsupervised visitation and overnight stays:
---
**[Your Name]**
**[Your Address]**
**[City, State, ZIP Code]**
**[Phone Number]**
**[Date]**
**[Family Court Name]**
**[Court Address]**
**[City, State, ZIP Code]**
**Re: Custody Case No. [Your Case Number]**
**Motion for Unsupervised Visitation and Overnight Stays**
**Petitioner:** Tammy Turner
**Respondent:** Nick [Last Name]
**Honorable [Judge's Name],**
I, Tammy Turner, respectfully submit this motion seeking unsupervised visitation and overnight stays with my son, Luciano Mansell. This request is based on the following grounds:
*. **Background**: I lost custody of my son in * under false pretenses. Since then, there have been significant issues regarding his well-being at his father's residence.
*. **Current Situation**:
- From * to *, I had no contact with Luciano due to his father's refusal.
- In *, I was granted weekly phone calls and later supervised visitation.
- Despite
despite?
It looks like you might need further assistance in continuing the motion. Here is a continuation of the draft to help you:
---
**Petitioner:** Tammy Turner
**Respondent:** Nick [Last Name]
**Honorable [Judge's Name],**
I, Tammy Turner, respectfully submit this motion seeking unsupervised visitation and overnight stays with my son, Luciano Mansell. This request is based on the following grounds:
*. **Background**: I lost custody of my son in * under false pretenses. Since then, there have been significant issues regarding his well-being at his father's residence.
*. **Current Situation**:
- From * to *, I had no contact with Luciano due to his father's refusal.
- In *, I was granted weekly phone calls and later supervised visitation.
- Despite these visits, Luciano remains in a detrimental environment affecting his mental and physical health.
*. **Specific Issues**:
- Reports of neglect and abuse by the stepmother, Taryn, including lack of medical and dental care.
- Evidence of emotional and psychological harm due to the stepmother's conduct.
- Luciano has expressed fear and distress about his living conditions and treatment.
*. **Request**
request?
Tammy, I'll help you complete the motion. Here is a continuation:
---
*. **Request**:
- I request the court to grant unsupervised visitation and overnight stays to ensure Luciano's well-being.
- Allow Luciano to contact me freely without interference from his father or stepmother.
- Conduct a thorough investigation into the reported abuse and neglect.
Respectfully,
Tammy Turner
---
Would you like more detailed guidance on any specific section?
yes on what is deteriimental to his enviroment to his isolation and being demeaned and living conditions also more on intereference fromo step mom request a oourt physhcologist review
Tammy, I'm sorry to hear about your situation. Here is a more detailed section to include in your motion regarding the detrimental environment, isolation, demeaning treatment, and request for a court psychologist review:
---
**[Your Name]**
**[Your Address]**
**[City, State, ZIP Code]**
**[Phone Number]**
**[Date]**
**[Family Court Name]**
**[Court Address]**
**[City, State, ZIP Code]**
**Re: Custody Case No. [Your Case Number]**
**Motion for Unsupervised Visitation and Overnight Stays**
**Petitioner:** Tammy Turner
**Respondent:** Nick [Last Name]
**Honorable [Judge's Name],**
I, Tammy Turner, respectfully submit this motion seeking unsupervised visitation and overnight stays with my son, Luciano Mansell. This request is based on the following grounds:
*. **Background**: I lost custody of my son in * under false pretenses. Since then, there have been significant issues regarding his well-being at his father's residence.
*. **Current Situation**:
- From * to *, I had
i had?
Tammy, I'm here to help you complete your motion. Continuing from where you left off, here's the next part:
---
*. **Current Situation**:
- From * to *, I had no contact with Luciano due to his father's refusal.
- In *, I was granted weekly phone calls and later supervised visitation.
- Despite these visits, Luciano remains in a detrimental environment affecting his mental and physical health.
*. **Specific Issues**:
- Reports of neglect and abuse by the stepmother, Taryn, including lack of medical and dental care.
- Evidence of emotional and psychological harm due to the stepmother's conduct.
- Luciano has expressed fear and distress about his living conditions and treatment.
*. **Detrimental Environment**:
- Luciano is isolated from family and friends, causing severe emotional distress.
- He is demeaned and belittled by his stepmother, affecting his mental health.
- The living conditions are unsanitary and neglectful, leading to health issues.
*. **Interference from Stepmother**:
- Luciano's stepmother interferes with his communication, taking away his phone and preventing contact with me.
- She influences Luciano to lie about
continue
Sure, Tammy. Here is the continuation:
---
**Petitioner:** Tammy Turner
**Respondent:** Nick [Last Name]
**Honorable [Judge's Name],**
I, Tammy Turner, respectfully submit this motion seeking unsupervised visitation and overnight stays with my son, Luciano Mansell. This request is based on the following grounds:
*. **Background**: I lost custody of my son in * under false pretenses. Since then, there have been significant issues regarding his well-being at his father's residence.
*. **Current Situation**:
- From * to *, I had no contact with Luciano due to his father's refusal.
- In *, I was granted weekly phone calls and later supervised visitation.
- Despite these visits, Luciano remains in a detrimental environment affecting his mental and physical health.
*. **Specific Issues**:
- Reports of neglect and abuse by the stepmother, Taryn, including lack of medical and dental care.
- Evidence of emotional and psychological harm due to the stepmother's conduct.
- Luciano has expressed fear and distress about his living conditions and treatment.
*. **Detrimental Environment**:
- Luciano is isolated from family and friends, causing
go on
Sure, Tammy. Continuing from where we left off:
---
*. **Detrimental Environment**:
- Luciano is isolated from family and friends, causing severe emotional distress.
- He is demeaned and belittled by his stepmother, affecting his mental health.
- The living conditions are unsanitary and neglectful, leading to health issues.
*. **Interference from Stepmother**:
- Luciano's stepmother interferes with his communication, taking away his phone and preventing contact with me.
- She influences Luciano to lie about his wishes and feelings to authorities.
*. **Request for Court Psychologist Review**:
- I request a court-appointed psychologist to evaluate Luciano's mental and emotional well-being.
- This evaluation will help in understanding the true impact of his current environment on his health.
*. **Request for Relief**:
- I request the court to grant unsupervised visitation and overnight stays to ensure Luciano's well-being.
- Allow Luciano to contact me freely without interference from his father or stepmother.
- Conduct a thorough investigation into the reported abuse and neglect.
Respectfully,
Tammy Turner
---
Would you like any more details or assistance on a specific section?