im begging for advice

To Whom It May Concern:

My name is Anthonette Holder Johnson. I am writing in regards to a child custody case I am involved in with the Scotland County Department of Social Services and North Carolina Court System. The case numbers and children involved are as follows: .

After voluntarily placing my children with Josephine Gibson, until such time I could provide a stable environment for them, unbeknownst to me on May 11, 2004, custody of my children was given to Mrs. Gibson. She was designated as permanent caretaker and guardian of my children. On said date, I was incarcerated at the North Carolina Correctional Institute for Women (NCCIW) and my whereabouts are stated as being unknown, when in fact, Mrs. Gibson was well aware of my current placement and it could have easily been verified by the courts and DSS at the time of the hearing, yet, I was never notified. Although I was incarcerated, I remained in contact with my children. I spoke with them on the telephone regularly and we also corresponded by writing letters. Mrs. Gibson was well aware of the communication that I was having with my kids and a simple inquiry with North Carolina Department of Corrections, which is available to anyone with Internet access, would have revealed my current placement to the court officials. Mrs. Gibson lied about not knowing where I was located or how to locate me and I can find absolutely no excuse as to why this hearing took place without my notification.

After my release, I found out I had to petition the courts in order to get custody of my children back, and that in fact, Josephine Gibson, of no blood relation to my children, had sought and was granted legal custody of my children. At this time I contacted Scotland County Department of Social Services (DSS). I was told by Wendy Stanton, a children's services supervisor, that since I had not completed my family plan and my whereabouts had been unknown for two years, the reunification efforts had been stopped. I later learned that I had to submit a Motion For Review (A,N,D) Form AOC-J-140 requesting visitation and the return of my children's custody.

On September 14, 2007, I filed said motion and was given a court date of October 9, 2007, at which time Judge Horne Jr. presided over the case. My motion was denied because the court found that I failed to meet my burden of proof to show a substantial change in my circumstances to justify a change in custody. However, it was stipulated that a visitation agreement should be established between Mrs. Gibson and myself. According to the judge, if we were unable to reach an agreement, I could file another motion for the courts to establish one. At this time, I was engaged to be married and had established wedding plans for November. I asked Mrs. Gibson if I could pick up the kids that weekend so they could be in my wedding and she denied my request. When we could not agree on the terms of visitation, I filed another Motion for Review with the court . I was given a court date in November, at which time, Judge McIlwain presided over the case. I brought evidence with me demonstrating stable employment, proof of residency, letters of support from my community, a document from my stepdaughter's school showing how active I am in their school activities, a mental health assessment, anger management and drug treatment certificates of completion. With this documentation, it was confirmed that everything in my initial family plan had been completed.

Judge McIlwain told me "...my children aren't automobiles that I just think I can drop off to be repaired." My motion was denied yet again, however, I was granted bi-weekly Saturday visitation. I was to pick up my children at 10 a.m. and they were to be returned by 7 p.m. I explained to the judge that I live six hours away and desire more time so I would be able to bring them home. Judge McIlwain stated Manteo is not there home and they are not allowed to go there.

During one of my visitations, my daughter Destiny told me that Josephine's sister's grandson was making sexual advances toward her . I immediately called Scotland County Sheriffs Office who took a complaint and who had a Scotland County DSS social worker contact me. DSS did not properly investigate the matter. Emily Williams investigated by going to the school and only asking Destiny how's it going. She did not ask my daughter about the allegations at all. I have still have many questions and concerns as to why no one took her complaint seriously. Josephine, who is legally blind, claims she did not see the episode take place, which does not surprise me when considering the nature of her disability and the daily assistance she requires for everyday, mundane tasks.

As a result of this complaint, in February, I petitioned the court again. This time, I also made sure my children were present in the courtroom . Judge McIlwain told me he didn't want them to take the stand, but was it unavoidable. I had my daughter Destiny take the stand and under oath she told the Judge of how Mrs. Gibson's 17 year old male relative was trying to get her to go into the room with him and how he was allowing his genitals to touch her buttocks while all he had on was a towel. She was so afraid and uncomfortable by these advances that she ran out of the house. Judge McIlwain said that "It is normal for boys to do that to girls." Judge McIlwain again denied my motion.

Nevertheless, on April 4, 2008, the judge modified my visitation. I am allowed to pick my children up at 10 p.m. on Friday evening and have to return them on Saturday by 7 p.m. Judge McIlwain also told me that custody would remain with Mrs. Gibson and that if something is not broken you don't need to fix it. I stated to him my children needed to be home with me and until that happens my home is broken and I'm trying to fix it. He stated back to me that my children are at home and nothing needed to be fixed.

As of November 2006, my son, who suffers from ADHD, has resided in a group home in Scotland County at the request of Mrs. Gibson. She claims she could no longer handle him. In October 2007, she reported to the court, under oath, that he would be out in December of that year. It is now July of the following year and he is still residing in the group home. This is truly bothersome, especially when my husband and I are ready, willing and capable of providing a loving, stable home for all three of them.

I do feel that judicial misconduct has been a problem throughout my case. My children are not in my custody and I have done everything the courts and DSS have requested of me. I have failed to visit my children since the April court hearing because I am still waiting for the judge to sign the order, hence making it effective. Until such time that it is signed, I am sorely afraid of vast repercussions being taken against me if I try to abide by it's time table and not that of the previous order, which to my knowledge is still in effect until such time the new one is signed.

I accept responsibility for my past mistakes and I have made the necessary changes to be a better person for myself and for my three children. The ultimate goal of DSS is supposed to be reunification of the family, however, in my case, I am being denied a fundamental right. As we grow older, hopefully we all change for the better and I can honestly say that is what has happened for me and right now my primary focus is to bring my children back where they belong, with me. Please do not continue to allow my past mistakes to determine the outcome of our future. I really need your help for the sake of Danette, Destiny and Daniel. They deserve to be together. They deserve to be here with their family. And they deserve to be raised by a loving mother and father. Please help me make this possible, again not for me, but for the sake of my beloved children.

Thank you in advance for your cooperation and assistance in this matter.

Respectfully yours,



Anthonette Johnson