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Overwhelmed!!!

Morocco's picture

Hi, I have been a member for a while, but this is my first post. I don't want to make it too long, so I will try to keep it concise. My 2 stepson's mom is incarcerated for murder. The two boys witnessed the murder. The 8 year-old already has lots of behavior problems, especially at school. He takes medicine for his behavior issues. He was just expelled from school, so now hw is at an alternative school. In the last month, I have had to leave work 5 times to pick him up from school. It is hard to reach my husband and i am next on the list.The principal even caleed today because he got into a fight. They want to put him on half days. He also wets the bed at night--pretty much every night. ONE of the problems that we are dealing with is that there mom has told them that she will be out on 4/18 on home detention. Apparently the 8 year-old has been telling this to his teachers because they called me yesterday at work to see if it was true. There mom has put them through SO much! They move constantly have been to a ton of school, she kept them from my husband, they saw her kill a woman, they were molested 2 summers ago by her husband's son, they watched their uncle stab their stepdad 7 times (he survived), watched their other uncle and a group of men beat up their stepfather, and have seen their mother fight numerous times. Everybody knows that it would not be a good idea for her to get them back. My husband has full custody right now, but I'm sure if she were released that she would try to get them back. (he was sent home yesterday, too) She has pretrial next Wednesday. I talked to the prosecutor yesterday and he did not want to predict what was going to happen, but he just let me know that he was prepared. He said that it is more likely that she will get time than not. We used to pay for her to call the children, but we have stopped. The courts just stopped the child support from coming out of my husband's check. It has been going to her brother for 7 months! She was aware of this, although she lied to the judge and said she had no idea where it was being sent. So now she does not talk to them often. About a month ago, she sent the boys' a letter volunteering me to bring them to visit her. She does not communicate with my husband WHATSOEVER. She refuses to talk to him. I was surprised she wanted me to do this considering that she hates my guts. Even when she would call our house, she NEVER once asked to speak to my husband or I in regards to the children. I was even more surprised when we went to the custodty hearing and she asked me if her other son (by a different father) had came over the previous weekend. Then she asked howe her 8 year-old was doing in school. Then she asked if the children had talked to me about bringing them to visit. I was shocked for sooo many reasons. My husband was sitting right across from her and she wouldn't even ask him how their children were doing. And during the custody hearing she calimed she had no problem with their dad having them buts aid she didn't want him to have them if it was only for money! The "money" that she is referring to is the child support that he was trying to have stopped so that he could take care of the kids. I have been pretty much covering everything. She also stated that she wanted them in a "stable" environment and that somebody really should work part-time in order to deal with the 8 year-old's behavior issues! It was laughable, our home is the most stable environment he has EVER been in. My husband was really offended. Not to mention, we had sent our attorney to the jail 9 days prior to we got the emergency custody hearing to have her sign the custody papers, but she refused because according to our attorney she said that she would not sign because she would be getting out next week and because we would not accept her collect calls! But in court she appeared as if she had no problem with the cutody being granted to him. I, too was offended that she tried to suggest that my husband wanted them for the money. As he stated in court, it does take money to raise children. He was paying c.s. for them and still trying to take care of them. We are not rich, simply people who work for a living.
We have the in home-based counseling and our counselor (and the school) thinks that we should not take them to see her until the kids are more stable menatlly.
We are both at our wits end with the behavior problems form the 8 year-old. I know that it will take some time...
At home the 8 year-old is fine. He is really sweet to us. He sometimes will take me he loves me and makes me pictures. The 11 year-old is standoffish toward me. But he makes good grades and is not problem in general. I think he especially is ready to go back with her so that he can continue doing what he wants. I have been in their lives for 6 years, so it not like I am a stranger.
But I will be so devastated if she was able to get out and just get custody back. I have invested a lot in these kids.
I know this is probably disjointed, but I am rushing so that I can go pick up my son and my stepson from school. There is alot more to this story--such as the fact that her sister was arrested and charged with the same crime (she spent 6 months in jail) but she was released 2 weeks ago because she was not the actual shooter.
I feel tired (physically and emotionally) and discouraged. Any comments, suggestions, or thoughts are welcome.

Stepmom_C's picture

Are you kidding me? She shouldn't even be allowed visitation that is unsupervised! The bedwetting stems from the serious abuse these kids have been through. Both my SDs(6&10) had this problem when they were younger and things weren't near this severe. They had an undiagnosed bipolar bio-mom that verbally abused them and my DH and witnessed some physical abuse from her towards him. Through MUCH love and consistant counseling things will improve. But fight for those kids. Dads have much better chances these days. Good luck! We are here for you!!!

septembers_child's picture

Hi...I have dealt with these brands of issues with kids in my line of work.. I have spoken to many children who have witnessed violence and homicide..Children who have a parent in lock up for murder..And I have worked with a good amount of parents in jail for murder..ect.. I agree with the counselor..

Under NO circumstances should the children be taken to jail or prison to visit their mother..I will take it a step further...the only time those kids should ever visit their mother inside a prison or jail is if it was court order by the judge and every appeal to the court order has been exhausted..Any mental and emotional progress the kids make will be completely undone by visiting their mother in lock up..

I highly doubt that she will get custody of the children. However, it takes an act of God, for a parent to loose their rights to visitation, through I don't see this woman having unsupervised vistation with her kids for a very long time.

Depending on the facts and evidence surrounding the homicide she may not be out before they are adults..If the homicide WAS NOT a situation of self defense..She is looking at a minimum of 7 years at least....Again, not knowing the details of the homicide it's hard to say..But involentary manslaughter is typically 7 to 15 years...Second degree murder usually carries a senctence of 25 to life..

And if the gun she used was not registered to her or was stolen..She is in big trouble for that also and that will result in years added onto her sentence..Under no circumstance should the kids go the lock up to visit her...

My heart goes out to you, DH and your step kids....

Cruella's picture

I totally agree with Septembers_Child. I would NEVER bring a child into a prison.

Morocco's picture

Thanks for all the comments. The judge did not order us to take the kids to visit her, although she did mention it. He simply listened to both sides and granted my husband custody. They are certainly not stable right now, but of course, she doesn't see anything wrong with what she has exposed them too. It is a difficult situation to be in.
She shot her neice's cousin in the back at her neice's birthday party. It was not self defense because the victim had no weapon and she was attempting to retreat. The odds are stacked very much against her, this I know, but I will REALLY believe it once I hear the sentence. I am trying really hard to make this work. It is hard though when the 11 year-old acts the way that he does. I think it will be easier for the kids to get adjusted once they understand that they are not returning to her anytime soon. I'm hanging in there...thanks for replying.

septembers_child's picture

okay.. I dont' know what state your in..But I feel, with my experiance and knowledge, legaly and forensically, that she is gone on at least a second degree....(25 to life in most states by federal regulations)

25 to life, typically means, 10 to 15 before parole is even considered a possiblity..(Unfortunatly that doesn't mean that the convict looses custody or vistation rights to their kids..In fact, in many situations the care giver of the children are expected to "produce the biological children for visitation with the prisoner".. ( Taking qoutes from legal documents by the way.)

The parole process is long and hard, especially considereing she did so in her children's presence.. (Heavily fround apon by any parole board and I have been a member of both civilian and military parole boards) CUSTODY IS NOT EVEN A REMOTE OPTION...Foster care would get the children first...

In any state and on a federal level....So my first suggestion is that if the kids don't have a "guardian ad litim" (an attorney for them specifically) that you get one..and right away.. Some states provide them free of charge if the defendent (those that are accused of the crime) get free legal provisions...

For instance, the state of california has an agency called CASA which provides legal representation for children...

This sounds morbid but I do this every day so please try to understand that...You say she shot her neices cousin in the back at her neices birthday party while the victim was attempting to retreat??

Who started the confrontation?? Did the neices cousin have a fire arm or in any way make a physical threat towards the BM??? I ask for this reason...

As a CSI..My first question would have to be...Why would the suspect Bring a fire arm to a birthday party???? Particualary a birthday party in which her children and therefore other children would be present?? (That screams premeditation to me.)

How long into the birthday party did the homicide occur?? Were drugs and alcohol involved?? (Toxicology of both perp and victim make a difference here. And sadly can determine between a charge of first or second degree homicide...) Who was the agressor??

Victim retreated which was evident from a ballistics in the back...Am I right?? She is looking at AT LEAST second degree (depending on her toxicology results) but I am suspecting first degree because she brought a fire arm to a birthday party with her children and other children present...(again premeditation)..

She wont be out in time to gain custody of her children..HOWEVER..and that's a big HOWEVER..
And the most disgusting aspect of the whole " concern about the childs best interst" bull crap in the courts these days...

The courts, as part of the childs best interest.."always assume that it's in the childs best interest to have an active and on going relationship with their biological parents"..I have seen more then a few situations, in which, care providers have been force to take children to visit parents in prison for murdering the childrens other parent!!

Maternal Grandparents have been forced, at their own expense, to take their Grandchildren to prison to visit the man who murdered their own daughter under the guise of " the best interest of the child"..Sadly enough, it seems that the "best interest of the biological parents" has far more weight then the real "best interests of the children..

Get a Guardian Ad Litum for the kids and do it now....

Ps..my spelling itsn't the best today..but I only conern my spelling during my working time..You guys get my typos...LOL...

didddos's picture

A friend of mine has custody of her two nephews. The boys' father murdered their mother (divorce situation) and left her in her bed for the boys to find her. These two boys are also having some difficulty. I don't have any advice, but I wanted to let you know you are not alone. The boys would probably benefit from a support group of their peers - boys who have been through the same sort of thing. My friend would probably benefit from the same sort of support group.

Plese post anytime. I am new here too, but will offer any support that I can.

Morocco's picture

Really I do. I feel sorry for the children, I know it is hard for them because they idolize their mother. She has worked so hard to make herself the only important person in their lives, so I know they feel lost without her. I have been looking for a support group for children with an incarcerated parent and something for myself. I haven't had any luck yet. The therapist is just blown away because they kids are very adamant that their mom did no wrong and was forced to kill the woman.
I'm sure it is even more difficult for your friend's nephews. How sad! Sometimes we don't realize how deeply our choices affect others.

Morocco's picture

Her sister was at the birthday party when one of the guests made a comment about their family. The sister in turn called her sister (my step's bio mom) and told her. Shen then gathered her kids and went to the party to confront the person. The person she confronted was an older lady and the other relatives ( who did not want to fight. The woman that made the comment is her neice's cousin who used to be married to her (step's bio mom) uncle. She ended up getting into a physical altercation with one of the guests. Apparently she lost the fight, asked her 8 year-old to get her purse. He did, and she shot once in the air, the second time the gun jammed, and the last shot was the fatal shot. The victim did not have a weapon nor had either one of them been drinking.
I actually don't have a problem taking the children to see her. But according to the therapist, now is not a good time. Again, the judge did not force us to do so at this point in time.