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Solomon Metalwala one step away from regaining custody of Sky's sister

by KING 5 News

KING5.com

Posted on December 5, 2011 at 9:41 AM

Updated Monday, Dec 5 at 6:33 PM

KENT, Wash. -- A King County Court Commissioner on Monday granted custody of Sky Metalwala's 4-year-old sister to her father, Solomon Metalwala, pending the removal of a protection order in another court.

The decision was made at a hearing in Kent, where Solomon petitioned in person for full custody of his daughter, Maile, citing Sky's disappearance.

The state had placed the 4-year-old in the care of the state Department of Social and Health Services after her mother, Julia Biryukova, reported 2-year-old Sky missing on November 6. Biryukova said she had left him alone in a car to walk to a gas station.

Metalwala and Biryukova have been fighting for custody of their children during a year-long divorce battle. At the time when Sky disappeared, Biryukova had custody of Sky and his sister.

Biryukova was not present at Monday's hearing, but her lawyer appeared on her behalf.  A court advocate and an assistant state attorney arguing for DSHS agreed with Metalwala. The commissioner granted Biryukova visitation rights, under strict guidelines. Metalwala will gain custody once a restraining order that previously kept him away from the children is vacated.

Bellevue police said Biryukova still hasn't given them a full statement about what happened the night Sky disappeared. DSHS said it was just one factor in their opinion to reverse the previous custody arrangement.

"In the custody, the wrong parent might have won, and I'm not sure based on the record I've seen, we can't establish domestic violence in the relationship. The mother has very profound mental health issues," said Tony Masco, assistant state attorney.

Metalwala's attorney will ask a judge Monday or Tuesday to drop the existing restraining order, clearing the way for Maile to be home for Christmas.

Bellevue police say they have conducted an intensive investigation and search for Sky. Over the weekend, searchers went through a Kirkland neighborhood handing out fliers.

Bellevue police have more searches planned. In the next few days a website will be launching to encourage people to leave any tips or information as well.

KING 5's Chris Daniels contributed to this report.

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Comments: Displaying 1 - 15 of 38

betsynancy142 said on December 8, 2011 at 10:02 PM

'Maile', his girl in fact was raised from both of these parents, and in fact as if to be dropped in foster care. But will only decide worse ways to be solved to children even in here at birth country. Everyone sided for this mother whom is a citizen American descent and she was excused all the time to her stories. He was clear since if he is not an American and was not allowed enough supports' in this problem.

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thespinmeister said on December 6, 2011 at 7:29 PM

Good job Commissioner Gallaher. I was so happy to see him get this case. One of the only Kingco black robed robber barons I trust. Note Commissioner Jeske in the video, fawning over what a peach Mom is, NOT. Jeske must be sanctioned for her behavior, and ruling contrary to the evidence. The Geezer

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plungginalong said on December 6, 2011 at 10:49 AM

But anyway my Mom after her last time of leaving my Dad just for spite. Did take us back to my Dads, My Mom left with another Man to California. And we never heard a word for her until about 6 years when she started a Law suit for Alienation Of Affection, which she wanted to Sue for lots of money..Well my Dad and his new wife called her bluff and in court said she could have all 3 of us boys. Well after weeks and weeks in court she said No she didn't want us. So off to California she went again and we never heard of her until I was 21 years old..My Dad never laid a finger on my Mom, although when he came back from Hunting or Fishing she would lay in to him slapping him, he held her arms only to try and make her stop. I was right there and watched all this. Later on in life I asked her why she beat us so much, she said, she never did. I did forgive her. So if a parent needs help, please get some for your children. Because this can affect them when they have children. Just my story.

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plungginalong said on December 6, 2011 at 10:33 AM

Everyone seems to be talking about abuse here. But many of us before they had place's for parents to get help took alot of abuse from one or both parents..My Mom would take her anger out on us kids because she was just mad at my Dad..My Dad was a hard worker at Hanford and when he was off he liked to go hunting and fishing and us kids all wanted to go with him. But my Mom had different ideas she wanted us in cub scouts, guitar lessons, boxing, but we didn't like that and wanted to go catch Salmon and go along Hunting with my Dad and be out in nature. She even stopped us from going and then many time took us kids and left and hid us out, motel to motel. When my Dad was at work she would take off and go to the Bars and be drinking, she came home when he did from work. My Dad never laid a finger on us, except for one time he washed my mouth out with soap because I wouldn't stop cussing, I had it coming. My Mom when taking out her anger beat us with clothes hangers, belts, hair brushes.

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LeapingFrogs said on December 6, 2011 at 8:23 AM

Wait, did I read that right? They granted custody to Metawala, but gave his wife, the one who is presumably responsible for her son's disappearance and who is mentally ill, visitation rights? Really? I don't know, if I were Mr. Metalwala, I do believe I'd have left that child in state care, and visited as much as possible until there was movement on the case and they were closer to doing something about his ex-wife. Now, she knows exactly where that child is living, so does her family. And it looks like at least Julia will have access on some level to that child? Are you freaking kidding me? I hope we don't have a second case of a child missing in the coming weeks or months.

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beatdeaddad said on December 6, 2011 at 2:02 AM

Mr Tony Masco. Please investigate the extreme bias perpetrated by all King county commissioners and you will have your answer to what went wrong in this case. These commissioners perpetuate extreme abuse of children by withholding a parent based on no evidence and bias.

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beatdeaddad said on December 6, 2011 at 1:54 AM

This is my experience I am sure many other men have had. Attorney objects to protection order. Commissioner cuts attorney off short and swears in petitioner. Commissioner then asks petitioner "are you afraid of him" petitioner says yes and order is granted. DV advocates and people on left side of court smirk smuggly and people on the right side of room stare dumbfounded. Respondent is then ordered to at least 12 months of DV treatment which makes you admit to being an abuser or you have no chance of seeing your kids. Attorney then uses DV admission against your parenting rights. You pay thousands while children think you don't want to see them because you haven't finished your classes. Meanwhile DV providers keep you in class to generate $ for them holding children over your head. No judge and no jury and you have your children, time and $ taken from you based on someone simply saying they are afraid of you.

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Seattledad said on December 5, 2011 at 11:36 PM

In this king5 article the assistant attorney general says he doesn't know how this happened that the "wrong parent" got custody and that they couldn't see any evidence of domestic violence. I can show him first hand exactly how it happened. All he has to do is sit in on any DV protection order hearing in king county superior court or sit in commissioner Sassman or Jeske or Spearman's court room on any custody hearing and he could see it first hand. These commissioners and judges are constantly watched by the DV victim's advocates. Jeske used to be a DV victim's advocate - that's like paying a fox to make laws on how hen houses should be built. They order their pet "professionals" in the DV industry like Doug Bartholomew, Jude McNeil, Lynn Tuttle, Wellspring family services and others to provide "expert" reports and testimony so they can order children separated from their fathers without any need for pesky details like evidence or due process. just do your homework Mr. Masco.

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Seattledad said on December 5, 2011 at 11:27 PM

Once dad is ordered to DV treatment, usually with Wellsprign Family Services or Doug Bartholomew and Associates, his time with his children is contingent upon being "in compliance" with "treatmetn". In compliance measn whatever the DV treatment provider decides it means. By law the DVT providers are not allowed to even question the veracity of mom's allegations - yes you read that right, and you wonder how a DV "evaluation" works? It is also law that once in DV treatment the father must confess in writing and/or on camera to mom's allegations. If he doesn't confess (which confession can be used against him later in a criminal matter) then he is discharged and will not see his kids at all or only professionally supervised (which he also pays for). Forget what you thought you knew about our legal sysem - in family law in WA it is nothing like TV - there is no due process, there is no jury, there is no requirement for evidence. In this state the DV industry runs the show.

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Seattledad said on December 5, 2011 at 11:21 PM

if you think for a moment that the Metalwala case is an isolated case you are dead wrong. This is common practice in WA family law and especially in king county. kids are taken from their fathers and sequestered with their mothers all the time. I have seen it with my own eyes more than once - mom has serious mental health issues according to CPS and the psych ward and psychologists and there is virtually no evidence that her allegations of DV are anything close to fact yet Jeske and Sassman and Spearman go out of their way to rule against dad and give sole custody to mom. Mom has a good attorney, often pro bono to get in good with the DV industry who feed them clients and the attorney tells mom "you need to make allegations of DV if you want to win custody..." The icing for mom is that once the court finds DV often times the judge orders dad to pay mom's attorney's fees so mom's attorney has a $$ interest in accusing dad of DV too. happens every day.

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Seattledad said on December 5, 2011 at 11:14 PM

you will notice in the previous post from SeattleDad that nowhere in the family law process of determining custody or of investigating DV allegations is there anything related to due process or evidence. The court orders DV evals from Doug Bartholomew, he charges $2,000 - $4,000 for a report that ALWAYS finds that the man is a "domestic violence perpetrator" and then recommends DV treatment. He also recommends that the father's time with his kids be condisioned upon sucessful compliance with DV treatmetn. The report goes back to the commissioner/judge who says "well the expert says the father is violent and needs DV treatment and who am i to question the expert..." and that's how the process works. DV treatment is for a MINIMUM of 12 months and there is no upper limit. The DV "treatmetn" provider has a customer for life and can bill as much as they wish and thus are incented to not release their "clients". To top it off DV treatment requires that dad confess to mom's allegations.

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Seattledad said on December 5, 2011 at 11:08 PM

Mom's attorney kept her away from the hearing today so she wouldn't have to answer questions. He knows that she won't have to until/unless the prosecutor's office has enough evidence to brings criminal charges. this of course is in stark contrast to the family law civil process which requires virtually NO evidence whatsoever for a man to be 'convicted' of domestic violence and 'sentenced' to a DV "evaluation" (an oxymoron if ever there was one). There is far less than ethical 'professional' - Doug Bartholomew who these commisioners send these fathers to all the time to get "evaluated" for domestic violence. Doug Bartholomew makes his living off of sending men to DV treatment. In 30 years in the DV industry in WA he has NEVER, that's correct, NOT ONCE determined that a man was not violent and did not need DV treatment which he just happens to provide. So Jeske/Sassman/Spearman, etc. send these men to Bartholomew for an eval, he tells the cour they need DV treatment and that's it.

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Seattledad said on December 5, 2011 at 11:01 PM

Mom did not show for the custody hearing today because if she did the judge could ask her questions and she would have to answer - the 5th amendment doesn't apply in civil cases which this was so she would have to answer and her attorney knows it. He's a smart young criminal attorney and he doesn't want his client anywhere near a judge. The family law commissioners in king county and a few of the judges who appoint them (commissioners are not elected by the citizens as judges are they are appointed by judges) are beholden to the DV industry. "Family" court Services is funded by the "Violence Against Women Act" (WAWA). The more "domestic violence" they can create the more funding they get and the more job security. The DV industry has "victim advocates" in these court rooms every day watching the commissioners/judges and putting pressure on them to side with moms. If you doubt me go sit in the DV protection order court room on any tuesday morning down town seattle.

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realitychk said on December 5, 2011 at 10:59 PM

@rights..sometimes justice is not served when children spend equal time with parents. Sometimes the "father" or the "mother" are not fit to be "parents". There is a whole lot of difference between producing offspring and the ability to properly raise it. Even the definition of "properly raising" a child is undefined. This "mother" was abusive to the father...in my day we would have called him "p$%^^y whipped". Then she decided he wasn't what she wanted and began to hate him and started the campaign against him. This was her personal choice. I don't think she's "mental" I think she is very narcissistic and is focused upon herself. Thus her ability to use her children as objects against her husband who unwittingly had married a woman who could "clean up well" but in fact was a tyrant. She was advertising for a man who would provide for her. Her children were never her priority. Punishing him became priority. I hope Sky didn't pay the ultimate price for her dissatisfaction.

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Seattledad said on December 5, 2011 at 10:53 PM

kanajune, "father has been investigated and not cleared...". CPS is the investigating authority for claims of child abuse. CPS determined mom's allegations to be "unfounded". What make you think for a moment that the mother didn't leave the bruises? i can tell you from personal experience that Commissioner Jeske (and Sassmand and Canada-Thurston and Judge Spearman and others in king county family law industry) simply don't care to be confused by the facts. There are dozens of children in King county sitting with the same ticking time bomb - under sole custody of mothers with mental issues and family law commissioners who will ignore the facts and place the kids with mom anyway because they are under pressure from the local DV industry who are driven by $$ and are more interested in $$ then children and families. If you doubt my words go sit in on a DV hearing. Please don't confuse decisions by family law commissioners with facts - they are all too often not the same thing

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plungginalong said on December 5, 2011 at 9:08 PM

You would think the Police would get a Search Warrant and go to the house she is living at, not just knock on the door and leave. It has been one month. Something tells me to look towards the Ukranian and they may find what they are looking for, a boy.

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rights1918255526 said on December 5, 2011 at 8:02 PM

Justice will be served when all children are given equal access to both parents. It's disgusting how Jeske and Sassaman run their own court Bias and destroy what is left of our children. The courts need to clean up their act, and get rid of some of these commissioners that come to court with their favorite bias and deploy it throughout their cases. These are violations of their Judicial Canons, and they just keep doing it. We need to hold the judges accountable for the Commissioners they keep that shouldn't be there. Limit the years they serve as a commissioner, make them move on to being a judge, or back to being an attorney, but no more lifelong sitting on the bench without being elected.

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plungginalong said on December 5, 2011 at 7:40 PM

@conseula..With his polygraph that was Inconclusive means he is off the hook. If he was not telling the truth the test would have said he was a lying. You keep bring up the past where the boy was left out in the car when it was cold out. Well that is the past not want is going on right now. Heck when us kids grew up we was all left out in the car even when it was snowing out, and we better not get out. Of course they will keep a eye and be checking on the father and boy now..Nobody cares if you consider the father a person of interest. Your not the Police, FBI, CIA, Judge or DSHS. All the focus is on the mother. What mother doesn't show up for a custody hearing? A mother should be fighting tooth and toe nail if she loved her children. She should have showed up for the Custoday Hearing, not just her lawyer. This mother has done nothing except try and get a date on a SugarDaddy dating website, while her son is still missing. Has the mother taking a Polygraph test? The answer is NO.

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thespinmeister said on December 5, 2011 at 7:30 PM

Not only did the father have no opportunity to keep an eye on his children and the historic volatility of their mother’s mental health, commissioner Jeske sequestered the kids EXCLUSIVELY with their crazy mother AND THEN she ordered the father to get a DV evaluation and 12 months of DV treatment with Doug Bartholomew and/or Wellspring – the usual suspects in the local DV ‘conviction’ machine

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thespinmeister said on December 5, 2011 at 7:30 PM

“we can’t establish domestic violence in the relationship” and “the mother has very profound mental health issues”. Because Commissioner Jeske along with commissioner Sassman and Judge Spearman have their own personal process and stable of ‘professionals’ to make sure that when a woman claims DV the man gets the book thrown at him regardless of evidence. In this case Commissioner Jeske, a former DV victim’s advocate, rather than even attempting to gather some form of reasonable evidence, instead chose to ignore the facts and rather than granting a concerned father a protection order to protect his children from their mentally challenged mother she instead denied Mr. Metlawala request and granted Sky’s mother her counter motion for a protection order.

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Kristine_Sie1c3 said on December 5, 2011 at 6:55 PM

RUN. Pick up yer baby and run as quick and as fast and as far as you can go. Smile when ya lOOk backwards.

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conseula said on December 5, 2011 at 5:56 PM

@desilu..GET A LIFE "oh ignorant one." Go s...w Lucy..if you are still "up" to it!! Note I also said the Inconclusive Poly means he isn't off the hook and my opinion is if he didn't pass the Poly the first time/came up Inconclusive the second time? I consider him a person of interest! I really don't care if you don't like my opinon.. Have you lost focus? There is a 2 year old child missing. Have you forgtten that Solomon was living with his wife, they (Solomon and Julia) left this same child (Sky) when a baby in their car, in the dead of winter, wrapped in a blanket in the parking lot of Target for 52/55 minutes while they shopped!!?"?" AND BOTH WERE CHARGED WITH CHILD NEGLECT..That is fact!! and if you think the investigators are going to sit back and not keep an eye on Solomon, you really are naive.

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desilu2400 said on December 5, 2011 at 2:02 PM

@ consuela.......YOUR AN IDIOT!!!!! please tell me when they ever said that the father was a PERSON OF INTEREST!!!!! please get your facts straight before you start typing......

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americnharly190 said on December 5, 2011 at 1:52 PM

@ plugginalong, I agree with you 100% on the bruise issue. Kids get bruises all the time. The dad definately seems sincere. Yes the mother has lied all along and seems like a total mental case.

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SamRye said on December 5, 2011 at 1:47 PM

Good for the dad. Lets find Sky and get this family back together. As for the mother, let her sugar daddy take care of her. I hope the father will later file for child support from the mother.

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conseula said on December 5, 2011 at 1:36 PM

No, Metalwala did not pass the second lie detector test..It came back the same as the first test...INCONCLUSIVE which does not mean he passed and still a person of interest. Not off the hook in other words.. One would think the police or whomever had searched the landfills from the get go? From what I have read, it doesn't appear that either of them are "parent of the year." AND doubt very much that the dad could be any worse of a parent than the mom..I hope he gets this innocent little child out of foster care and pray she will be safe.. Yes, "what's in the best interest of the child" is some what of a joke..Judges and CPS are definitely guilty many times when placing a child with the right parent or taking a child away from parents before they are beaten to death.. I agree that dad's don't get a fair shake in the court system..Know that one from experience with my son and his daughter..

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mellybelly323 said on December 5, 2011 at 12:57 PM

@shan79marie - I am also the spouse of a wonderful man who has had to fight tooth and nail for every second he has with his son - while his son's mother resides with a felon who served jail time for threatening to kill his ex-girlfriend. And SHE cheated on my husband and left him for this felon. This state does not consider Fathers when it comes to custody agreements. For some reason, the mother is usually granted custody, regardless of her patterns of behavior. And it's only through thousands of dollars in attorney fees, hundreds of missed hours of work to make court appearances and months of agonizing about the outcome that Fathers are (maybe) lucky enough to get more time with their children. I wish you luck in your degree and I sincerely hope you can help people like my husband. And for all of you who think allegations of abuse are hard evidence, think again. It's a woman's state when it comes to that as well.

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plungginalong said on December 5, 2011 at 12:54 PM

This mother if that is what you want to call her has lied from the get go,,She has used the Court System over and over and has made false claims and none have been true. She is bitter and spiteful. Heck my Mom was the same way when she got a divorce from my dad and hid us out. And when someone says, I don't see how a mother would ever want to kill there own kids, this just doesn't happen, think again. This is happening all across the country and world. And this bull about bruise's is bull..heck when us kids was gowing up we had cuts, brusie's and broken arms, and we caused them ourself. This mother of the child is still hiding out and not wanting to talk to anyone, so wants that tell you?

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americnharly190 said on December 5, 2011 at 12:32 PM

I'm torn about the situation. I want so much to believe the father could never harm anyone. If that were the case she could be with a familiar face for her birthday and Christmas. On the other hand you have to think of the child's well being. We don't know anything at this point, can't rule anything out. I think i would in my gut feel the girl stay where she is. Yes the accusations were unfounded for Julia, but what about the bruises on Maile?

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silkflowers said on December 5, 2011 at 11:50 AM

It has been a month now that Sky has been missing according to the mother but how long has he REALLY been missing. At one point in time I had heard the police say they were going to check 3 landfills to see Sky was in any of them. I have not heard anything further about this and am sure there have been tons and tons of garbage dumped in all three of these landfills. Personally, I feel since Sky looks so much like his father and evidently the hatred the mother has towards the father I think she has done away with Sky so she won't have a reminder. I don't know of any mother who would NOT be involved in trying to find her child unless she knew it was pointless.........

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gladimoved said on December 5, 2011 at 11:45 AM

Doubt it, but maybe this will move Mom to talk to police about Sky's disappearance. From what I've read, neither parent is capable of raising children, but there again, the media slants stories. Hope Dad has his home kidnap proof!

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shan79marie said on December 5, 2011 at 11:41 AM

@Jamey, I am working on my law degree as we speak and I am going to specialize in father's rights. Washington is a mother's state when it comes to custody and I think it's BS. My husband's children were in foster care for 2 years after his ex wife got them taken away by the state and he was never granted custody -- and he is an upstanding, employed, wonderful dad. They were given back to the mother, who hadn't changed anything about her parenting. People wonder what is wrong with kids these days... I have a theory. When parents divorce, the kids go from seeing their father EVERY day and night to 2 weekends a month! How is that what is in the best interest of the kids??? SO frustrating.

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jamey said on December 5, 2011 at 11:27 AM

His daughter is in the Foster Care system pending the outcome of this hearing. This is a great example of how men in WA state and accross this country are presumed guilty of being bad parents unless they can prove otherwise. Dads, like Solomon, deserve to be treated better in the family court system.

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lin1945 said on December 5, 2011 at 11:19 AM

kanajune . . . he was cleared of the bruises and the allegations made by Julia were determined to be unfounded. He did not fail his last polygraph. Where do you get your information or are you just a person that hates to see a father get some rights? Do you care that this precious little girl is likely traumatized that her family has disappeared and she was placed, without warning, with strangers? Thank heaven there are foster homes but I feel she is much better off with her loving father. The decision was the right one. I am sure Solomon will be closely monitored and given some assistance in how to handle the explanation as to what happened to her little brother and why is her mother mostly MIA. I honestly don't think the mother should have visitation but I pray it is closely supervised.

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aziza said on December 5, 2011 at 11:17 AM

kana? Inconclusive is not the same as failing a polygraph. But I am in agreement with you on the daughter. These two adults should have never had children. The whole family sounds nuts.

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plungginalong said on December 5, 2011 at 11:16 AM

Whats this tell you when the mother can't even show up to Court for a Custody hearing? Oh yea, well her Lawyer was there, but why not her? This father didn't kill his son because he wasn't even in the area. Lets face it she has him hid out. My own mother did this same thing to us kids in a divorce, until finally my dad got us back.

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CARNOLIAN said on December 5, 2011 at 11:10 AM

Certainly the right thing to do.

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kanajune said on December 5, 2011 at 10:57 AM

This father has been investigated and not cleared for putting bruises on this little girl. Also he failed his last polygraph about the missing son. I would think very carefully over giving him any child until some truth comes out. No, I think foster care may be the safest place for her right now.

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