Why Doesn't This Guy Have Custody Of His Kid?
The mom's in jail (after making false accusations about her husband), the mom's mom's in jail, and the dad and husband seems to be an upstanding citizen who's had grave wrongs done to him, yet he still hasn't been granted custody of his own daughter. Robert Franklin writes at FathersandFamilies:
It didn't take the police long to figure out that (the wife, Kristin's) accusations were completely fabricated. Prosecutors dropped all charges against Jeff and instead indicted Kristin on 12 felony counts of lying to police and the district attorney's office.But Kristin's allegations kept Jeff under a legal cloud long enough for him to lose his job as a Coast Guard petty officer, almost lose his house, and have his parental rights to his daughter terminated.
As Assistant County Attorney Jerome Blanchard described it, that was her point. He told the jury: "She mocked him. She laughed at him. (She said) 'I took all your money, I took your daughter, and now I am going to take your career.' " Since then, Kristin has been convicted of all 12 felonies and sentenced to 7 to 14 years in prison.
All of that has been well publicized. It's Jeff's effort to regain custody of his daughter that the public has seen little of. Despite his having done no wrong and despite being a responsible and loving father, Jeff still has not regained custody. He only lost her in the fir st place because of allegations by Kristin that have now been proved beyond a reasonable doubt to have been false.
...The U.S. Supreme Court has said that states may not deny rights to parents unless they have been proven to be unfit. Nothing of the sort has been proved against Jeffrey Ruggiero. The only "evidence" against him was the perjured testimony of his ex-wife.
It's time his little girl came home to live with the only decent figure in this whole sorry affair -- her father.
The amazing thing here, vis a vis a lot of cases I read about, is that there was some punishment for making false accusations.







Unfortunately, this story is one of many where the father has lost basic custody of his children for reasons that defy explanation. In many states, even the so-called progressive family-law states, the father is still second class and has to prove his ability to even SHARE custody at 50/50. Even in cases where the mother has committed crimes, as in this article, once damage has been done to the father it's almost impossible to recover... Temporary custody arrangements from the court followed by the words "no prejudice" uttered by a judge regarding a subsequent permanent custody order should scare a dad to death!
Lee Ladisky at February 15, 2011 8:04 AM
It doesn't say in the article, and I don't know how the NH family court system would differ, but in my recent experience, the same judge was "set" to the case for the custody hearings for my mother and stepfather's children.
The judge himself seemed biased. I know that my mother wasn't a great mother, or even necessarily a good mother, although she never did wind up in prison, but my ex-stepfather was often abusive. Despite the evidence of this, the judge awarded custody to the father. The initial custody was given to him because of my mother's lack of income.
Less than a year after being awarded custody, he voluntarily gave up custody of his eldest, who was then put into foster care rather than being placed with my mother. Despite this, and evidence during all of the foster care inquiries that demonstrated "unfit parenting" he retained custody of the two younger children.
I eventually was able to gain custody of my sister, after attending several court hearings, and pleading my own case. I should mention that there is several years difference between myself and my younger half-siblings.
I'm wondering if it might not be the same issue for the father in this instance, that the judge was already biased toward the mother, or for whatever reason believed the nonsense that she put out. Once (s)he has his mind set against one of the parents, it could be difficult to change his mindset. Despite their need for impartiality, judges are human, and have the same failings, in that they may believe a first impression, even if it is proven later to be a false first impression.
Jazzhands at February 15, 2011 9:03 AM
Disgusting on many many levels.
Robert at February 15, 2011 10:13 AM
He's guilty by reason of testicles.
/sarcasm
hadsil at February 15, 2011 10:26 AM
This is so sad.
ruby at February 15, 2011 12:01 PM
The family courts just seemed screwed up.
My grand uncle works advocating for children and his stories are amazing.
In one, the father was accused of certain things including interfering with custody. That case was in one county, in another he was denied any custody, even supervised visits until after that case was heard. My Uncle (who was in the court) says it was clear the judge assumed he would be found guilty. The father was found not guilty on all charges. The judge ruling on the custody has since refused to make any ruling - always postponing the decision. Last I knew it was still going on and had gone on for over year.
On the other hand a druggy mother lit her apartment on fire while making drugs. She told firefighters she was the only one there, but luckily a neighbor told the firefighters she usually had a child with her and she had seen the kid earlier in the day. The court decided that mom just needed another chance.
The Former Banker at February 15, 2011 4:43 PM
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