A.D., a mother paralyzed as a result of childbirth, has been granted parental visitation rights in her parent’s home in South Carolina by California Judge Fredrick Shaller, as reported by ABC News.
The judge ordered yearly five-day visits, for three hours each day. The only people to be present during the visits are A.D., her ex-husband, D.D., and their three young children.
Vicki Greene, D.D.’s attorney, said, “We're very pleased, the judge definitely understood our decision and ruled what (D.D.) said was best for the children.”
Greene stated that the arrangement was offered to A.D.’s parents, but they wanted three visits a year – and without D.D.’s presence.
The children, born in 2006, are triplets. A.D., 34, suffered severe brain damage after the delivery.
She requires the assistance of caregivers to move her from her bed into a chair, as she is unable to move at all on her own.
A.D. has also been granted Skype and Internet phone service on the first Sunday of every month – up to 30 minutes – to help her maintain a parental relationship with her children. The children may watch her during her music therapy or listen to a story read by their maternal grandfather while A.D. is present in the same room.
Lisa Helfend Meyer, A.D.’s attorney, said, “We think that this is just the beginning, that their time with their mother will increase as they get older.”
Judge Shaller noted that the children have been holding photographs of their mother – after he granted a visit in December – for extended periods of time. The ruling allows D.D. to display photographs of A.D. in the children’s bedrooms.
The judge has acknowledged a strained relationship between D.D. and his former mother-in-law, S.C.
D.D. had videotaped a previous meeting with S.C. where she was seen telling the children that their mother would be well some day. The video was shown in court.
S.C. is also accused of trying to speak to the children, in a bathroom, without D.D. being present.
Now, with the new ruling, S.C. and any other extended family members, will not be allowed during the visits unless D.D. requests it. S.C. will also not be allowed to be present during the Skype communication, again, unless D.D. wishes it.
Green said, “The judge recognized that the grandmother was imposing her belief system on the children, and that belief system contradicted the father and posed a risk to the children.”
Shaller wrote of his decision, “(S.C.) is restrained from making any comments to the children regarding what (A.D.) thinks, her prognosis, how she is communicating, or from making comments that (A.D.) may recover.”
The children will be five years old this June. D.D. wanted to wait to have the children visit their mother until they were six or seven, but Shaller rejected the notion as he believes that A.D. has already lived longer than expected.
Shaller finished, “The children need to have a relationship with their mother established before she dies. The court finds that even though (A.D.) cannot interact with the children, the children can interact with (A.D.) -- and that the interaction is beneficial for the children. They can touch her, see her, bond with her, and can carry these memories with them.”
If you feel that your parental rights have been jeopardized, and want to make sure that your children have strong bonds to you, contact a family law attorney to discuss your case.