Once upon a time there was a quiet, kind-hearted, pretty
girl named Grace. Grace grew up to be a
veterinary assistant. She loved dogs, cats
and bunnies. Grace fell in love with a
handsome charmer named Inadequate. Grace
got pregnant. She was so happy, so
excited to have a baby. Before the baby
was born Inadequate beat the crap out of Grace.
He went to jail for a long time, exit Inadequate.
Grace moved in with her parents. Jason was born. Grace’s parents loved Jason. Years passed, Grace fell in love with Eric, a
kind and gentle man. Eric got a job
offer in California. Eric asked Grace to
marry him and move to California. Grace said
yes. Grace’s parents were not
pleased. They loved living with their
grandson and watching him grow. They did
not want him in California. Grace’s
parents tried to convince Grace moving to California was crazy. When that did not work they asked her to
leave Jason with them, until she was settled in a home. Grace loved her parents and agreed, and off
she went with Eric.
Within weeks Grace’s parents told her Jason needed dental
surgery, nothing serious, but she needed to sign papers giving them custody of
Jason for surgery. Grace readily
agreed. Grace loved and trusted her
parents, look at all they did for her.
A couple months later Grace told her parents she was coming
for Jason. Her parents asked could she
please wait until Christmas? It was only
six weeks away. They could celebrate as
a family and then she could leave with Jason.
Grace said okay.
As Grace and Eric prepared to leave California Grace’s
parents told her not to come. They were
not going to let her take Jason. Jason
needed to stay with them through the school year. Grace was very, very angry, but she
complied. The school year ended and
Grace’s parents would not allow her to get her child. As a matter of fact, they had a court order
giving them custody.
Grace hired an attorney who asked for Jason. Grace’s parents responded Grace was a
terrible mother, who abandoned Jason. As
a result, Jason suffered numerous, serious, psychological disorders.
Grace sued her parents.
It took a year for that case to get through the court system culminating
in a one-day trial. Grace parents paid
for psychologists and a psychiatrist to testify how damaged Jason was by his
mother’s abandonment. This included
numerous dangerous specific instances of acting out in anger. Jason was on psychotropic drugs.
Grace won. Her lawyer
told her, “Get your son. Get out of
Florida and do not come back.”
Since that trial the presumption under Florida law
changed. At the time it was parental
reunification, now it’s best interests of the child. I doubt the lawyer would win the case if it
was tried today with the testimony of the mother conflicting with the testimony
of her parents and doctors.
Jason lives happily in California with Grace and Eric, who have other children and live as happily ever after as any happy two
wage-earning family does.
The best way to solve a legal problem is to prevent it
before it happens. Some of the best
things about being a lawyer are the relationships you develop with people, making
a positive difference in your client’s life and learning from deep personal
knowledge of other people’s problems.
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