Sunday, January 12, 2014

94,000 Miles

Well, it's 2014, and I'm still waiting for the verdict that will determine my children's future.  The court hearing in December began with the judge saying that she wanted to appoint a guardian ad litem (or GAL in legal-speak) to investigate the case, but that she was willing to hear our testimony just for kicks.  So I got to take the stand, where I related my story to the court, telling the judge (100% truthfully) that I had only brought this action as a last resort after my ex-wife refused to do anything to protect our kids from the dangerous drunk living in their home.  I fielded the predictable accusations from her attorney of being a bully and a meanie, and then asked him if he would be concerned if his child had been sent to the ER.  He was speechless.

My ex, as she will do, proceeded to steal the show.  Without any emotion whatsoever she admitted that her husband still consumed alcohol on a regular basis (in direct contradiction to her prior statements and countermotion), but that--get this--was engaging in a NIH-sanctioned practice known as "low-risk drinking."*  She did not acknowledge at any time that his drinking was dangerous in any way to our kids.  She then talked about how she "lived in fear" of my harassment, namely my "constant threats" of taking her to court.  For the record, I haven't threatened to take her to court; rather I have actually taken her to court when she demonstrated that she would never shield our kids from a drunk.

*I researched this after the hearing, and low-risk drinking is a regimen aimed at preventing casual drinkers from becoming alcoholics.  It consists simply of limiting yourself to no more than four drinks** in a day or 14 in a week.

**One "drink" is equivalent to eight ounces of regular-strength beer.  Her husband favors 40-ounce malt liquor, which is equivalent to six drinks.  If he even has one of these in a day, he's over the "low-risk" threshold, and I'm quite certain he has at least 2-3 per day.

Anyhow, after all of this, the judge did what she said she would do, and appointed a GAL, the same one who had investigated our case three years earlier.  The GAL was hired (costing me nearly $3,000) and he traveled to Virginia during Christmas break, so he could observe what life was like in my home for my kids.  The GAL's visit couldn't have gone any better.  It was a warm sunny day, and my kids were outside playing with the other kids in the neighborhood, looking like happy, well-adjusted kids who would do just fine if they lived here.  My mom even came over and make cake pops, so the playing was followed by a stream of neighborhood kids coming into our house to enjoy them.

More importantly, I had about an hour to drive him around and show him the local area, then drive him to his hotel.  During this time he told me candidly that my ex-wife had filed for divorce from her husband, but that he thought that was a stunt, and that she would likely keep him in her life no matter what a legal document would say.  He then asked me to tell him what sort of visitation I would want her to have if I had primary residential rights.  I told him that I wanted her to be in the kids' lives, as it would be good for them, but that I would want her to go through a parenting class and counseling before she would be granted regular visitation.  He nodded and said that seemed fair.

In short, I came away from his visit believing that he was ready to grant my request.  I'm not counting chickens yet, but the questions he asked and the things he said all pointed to him being appalled at my ex's pattern of denial and irresponsibility, and ready to remove the kids from her home.

*        *        *

The rest of the visit was as it ever was--a lot of fun in a very small amount of time, followed by a long day of travel and a hasty goodbye.  I did not and have not told my kids about what is going on, but I sense that they are aware of what could happen, and they seem to be embracing that my home is their home too.  They have each taken ownership of their rooms here and, more importantly, my daughter did not cry even once for her mommy during the visit, which is a first.

And now all I can do is wait.  The GAL is set to complete his report in the next 30 days, and a court hearing will be scheduled immediately thereafter.  In theory, my kids could be living here with me by the time Spring begins, but it could also be delayed or--worse yet--the judge could rule that my ex has done enough by removing the drunk and divorcing him, so the kids can stay with her.  In any case, it's been a terrible struggle for me to continue to go about my daily business under these conditions, with so much up in the air. 

I have been afraid to sit down at my computer and write about all of these goings, because it's just been easier to not think about it.  But, really, it's all I can think about, as nothing matters to me more than my children's safety and well-being.  I am hoping that my next entry will herald the end of my Frequent Father days, but I am not letting myself believe that, at least not until the GAL report has been issued.  There will be plenty to digest and dissect at that point.

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