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Hon. Antonio Viviano ripoff Ignoring best interest of children in termination hearings Mt Clemens Michigan
Judge Viviano of Macomb County Circuit Court Family division has decided to resume visits to mother and step father of 5 of 6 children. Children have been wards of state for nearly 3 years. He gave custody of one child to his father based on the same charges he now is considering removing.
DHS has proven that children were abused,neglected and in one case criminal sexual conduct. Judge has cited the constitutional rights of the the parent and step parent to the children, ignoring the fact that the 2 oldest children have told numerous court employees, dhs,guardian ad litem etc that the do not want to go back for fear of being hurt again. One child is already placed with her bio father by the court, but judge refused to grant custody pending the termination he has put on hold for another 90 days.
In regards to abuse and neglect and criminal sexual conduct, this judge states that it wasn't that bad. This in reference to child having a rope tied to his neck and being tied to a car,children locked in dark basement for hours, child locked outside at night, young girl being touched in appropriately and then hit with a fist and told it was all because she was "bad", mouths taped shut, I could go on.
He ignores the fact that 3 of the children(oldest) the others are too young, are in counseling for what has happened to them.
This man needs to be removed from the bench,this is not the first time he has cited the parents right to abuse their children rather than consider the best interest of the children.
I am a grandmother to one of these children and have gotten to know the others. they are all adamant at not even wanting to see these people again. All have been happy and well adjusted until now!
All of us involved with these children,DHS,prosecutor,counselors,parents,grandparents and foster/kinship care will fight this judge on this matter!! Where are the rights of the father who has custody of his daughter, doesn't he have the constituitional right to keep her safe from harm and give her a safe loving home!!
Its time we get judges on the bench in this state that truly do consider the best interest of the child.
I urge anyone from my county to not vote for this judge next election.
Marie
St Clair Shores, Michigan
U.S.A.
2 Updates & Rebuttals
Marie
St Clair Shores,Michigan,
U.S.A.
Update on Judge Viviano and Macomb County Circuit
#3Author of original report
Sat, September 08, 2007
My son was finally given sole physical custody of his daughter in April 2006. Mother still has joint legal. Judge Viviano declined to terminate rights in November 2006, but prosecutor took case to appeals court, who with reluctance affirmed his order, but stated that he doubts the natural mother and step father have benefited from any of the services offered them, and that they feel that abuse and neglect will occur again. They have custody of 3 of their children and one child of hers that father is unknown and have had another child together just a few months ago. Appeals court even stated in their ruling that had they heard the case most likely the out come would have been different, but can find no violation of law by this Judge. We have heard case is far from over, prosecutor had stated he would go as far as MI Supreme court with this if necessary.
Meanwhile my granddaughter is doing fine, and her step mother has written a request to the natural mother to adopt her, along with a letter from granddaughter who is asking the same. this mother who Judge Viviano can find no fault with, has not seen her daughter in 8 months, she was told by FOC to request a hearing to set visitation,(without the step father present), she has not done so, since if she goes to FOC she will also have to pay child support, something she has not done even voluntarily.
This "good" mother did not even contact her child on her birhday, the child did call her, but she made no excuse as to why she has not persued visits,except that she cannot see her with her stepfather present(court ordered by Judge Viviano(who thinks they are good parents).
We too have heard some weird stories about Judge Viviano, including from attorneys and others who work in the system. I have heards some say they believe his losing touch as he frequently forgets what they are in his court room for, and even forgets that he set a date for a hearing.
We all need to complain in public about this Judge and get him removed from the bench before his term is up in 2011!
Gretchen
Chesterfield,Michigan,
U.S.A.
Judge Viviano
#3UPDATE Employee
Sat, September 08, 2007
Hello,
I didnt vote for him last time and I hope that he doesnt run again. I have heard some really weird stuff about this judge and he has truly come up with some bad decisions regarding abused and neglected children. If your son has been granted custody of the children by the FOC (or if he intends to seek custody through FOC) then the Circuit Court, Family Division should just dismiss the case with his child and let her stay with her father. Viviano seems to go overboard with "parents rights" and ignores childrens rights. Good Luck