Rebecca Montoya Custody Battle Update: Lucero Denying Visitations; Bench Trial in 7 Days
The older daughter Mary looks upon her little sister Grace.
The Rebecca Montoya and Tom Lucero custody battle has hit another low prompting a bench trial set in 7 days to determine the future for not only the feuding parents, but for their young daughters as well.
Judge Abigail Aragon has been asked to step down off this case for impropriety (see attached 2nd Verified Motion to Recuse for Impropriety).
Montoya has been denied a relationship with her two daughters for almost 2 years. Lucero has not allowed court ordered visits between mother and children without any punishment from the Court for violating multiple orders.
According to the Annie E. Casey Foundation, the removal from a mother is so devastating that within 4 hours, children experience 6 times more post traumatic stress than combat troops.
Mr. Lucero was ordered to take the children to therapy to cope with being separated from their mother but has failed to do so. According to the public record on nmcourts.com, Montoya filed an Order to Show Cause and a hearing was set for November 19, 2012 only to be vacated by the Court upon the Court's own motion. This issue was never heard.
On December 20, 2012, Montoya filed an Emergency Motion for Custody of Minor Children due to the fact that Lucero has failed to seek medical care, dental care, and therapeautic care for their children. (See attached Emergency Motion for Custody of Minor Children)
As of today, Montoya and Lucero have joint custody of the two girls, Mary (age 3) and Grace (age 2). Lucero currently has temporary physical custody and has denied all visitations to Montoya.
A bench trial with Judge Abigail Aragon is set for February 14, 2013.
Montoya is hopeful in being reunited with her children after a prolonged separation. She states, "They [Lucero and the Court] can't keep my children away from me forever. I am and always will be their mother."
FOURTH JUDICIAL DISTRICT COURT
STATE OF NEW MEXICO
COUNTY OF SAN MIGUEL
EMERGENCY MOTION FOR CUSTODY OF MINOR CHILDREN
COMES NOW, Rebecca S. Montoya, appearing pro se, and respectfully moves the Court for an Order Granting Emergency Motion for Custody of Minor Children, and as grounds therefore states:
- On February 22, 2011, the Court issued an Exparte Order Granting Emergency Motion for Custody of Minor Child in which the Petitioner, Tomas Lucero, was granted temporary physical custody of the minor and nursing children Mary Montoya-Lucero and Grace Montoya-Lucero.
- The aforementioned order states: “Respondent [Rebecca S. Montoya] is granted supervised visitation…”
- This Respondent has not been allowed to visit with her children for five-hundred and forty-six (546) days which out-weighs the term “temporary.”
- On January 4, 2012, the Court issued a Stipulated Order Adopting Interim Advisory Consultation Recommendations in which both parties agreed to fully comply with these recommendations.
- Paragraph 6 of the aforementioned Order states: “…if Tomas changes the children’s physician and/or dentist, he will provide Rebecca, through her attorney, with the names and phone numbers of the new providers.”
- The Petitioner, Tomas Lucero, has not provided me with any changes in the children’s physician and/or dentist; therefore, the health care providers for the children are the status quo of the aforementioned Order: Pediatrician Mary Schipper, MD of The Alta Vista Clinic for Children and Youth and dentist Katrina Collins, DDS of Collins Dental.
- Exhibit 1 is a notorized Emergency Custody Order Affadavit from Dentist Katrina Collins, DDS verifying the fact that the Petitioner, Tom Lucero, has failed to take the children to the dentist during his temporary period of responsibility.
- Exhibit 2 is a notorized Emergency Custody Order Affadavit from The Alta Vista Clinic for Children and Youth verifying the fact that the Petitioner, Tom Lucero, has failed to take the children to their monthly well-care visits with their primary care physician during his temporary period of responsibility.
- On August 22, 2012, the Court issued an Order Adopting the Interim Advisory Consultation Recommendations in which both parties and the children were to participate in counseling through TeamBuilders Counseling Services, Inc.
10. On or about September 14, 2012, the Petitioner, Tom Lucero, spoke with TeamBuilders’ clinical supervisor, Johanna Reznicek MA, LPCC, and denied counseling services.
11. Exhibit 3 is a notorized Affidavit of Johanna Reznicek verifying Mr. Lucero’s defiance in obtaining services for his children from TeamBuilders, Inc.
12. On October 11, 2012 an Order to Show Cause hearing was scheduled for 10:00am on November 20, 2012 “to show cause why he [Mr. Lucero] should not be held in contempt of Court for his failure to abide by this Court’s Order…” and was later vacated by the Court on the Court’s own motion.
13. Due to Petitioner’s medical negligence of his two minor children while in his care, his complete defiance of the Court’s Orders, and eminent fear of bodily harm due to his horrific outbursts of anger, emergency exparte relief is requested.
WHEREFORE, Respondent prays that the Court place the minor children in her physical custody, allowing Petitioner supervised visitation at his own expense until further hearing in this matter, and any such other relief as the Court deems just and necessary.
STATE OF NEW MEXICO
COUNTY OF SAN MIGUEL
FOURTH JUDICIAL DISTRICT COURT
2nd Verified Motion to Recuse for Impropriety
COMES NOW, Rebecca S. Montoya, and hereby respectfully moves this Court to a recusal of Judge Abigail Aragon from the above entitled matter under 28 USCS Sec. 455, and Marshall v. Jerrico Inc., 446 US 238, 242, 100 S. Ct. 1610, 64 L. Ed. 2d 182 (1980) and on the following grounds:
- The neutrality requirement helps to guarantee that LIFE, LIBERTY, or PROPERTY will not be taken on the basis of an erroneous or distorted conception of the facts or the law.
- The above is applicable to this Court by application of Article VI of the United States Constitution and Stone v. Powell, 428 US 465, 483 n. 35, 96 S. Ct. 3037, 49 L. Ed. 2d 1067 (1976).
- Respondent filed a “Motion to Recuse” through her former attorneys Silva & Grano’s Law Firm on July 26, 2011 for appearance of impropriety.
- Petitioner, who is employed with the State Police, has openly stated that he and the above-mentioned Judge have an alleged “relationship” and that she will do anything for him.
- Respondent has excused Judge Abigail Aragon from presiding over her Domestic Violence case no. D-412-DV-2010-123 and no. D-412-DV-2010-111 and Criminal case no. D-412-CR-2011-188.
- District Courts, like Federal Courts, have a constitutional obligation to safeguard personal liberties and uphold federal law.
- Petitioner has committed custodial interference and has succeeded in alienating our two small children, Mary and Grace, from their mother for 2 years with the assistance of this Court.
- Respondent has good reason to believe that this Court has been biased and has unnecessarily punished her for custodial interference while the Petitioner has been allowed to commit the same crime to a higher degree without punishment.
- The above mentioned Judge has wantonly refused to provide due process and equal protection to all litigants before the Court and has behaved in a manner inconsistent with that which is needed for FULL, FAIR, and IMPARTIAL hearings.
10. According to Congress and U.S. Supreme Court case law, a judge MUST bow out of hearing any case in which his or her impartiality might reasonably be questioned. Judges MUST avoid all impropriety and appearances of impropriety.
11. The United States Constitution guarantees an unbiased Judge who will always provide litigants with full protection of ALL RIGHTS.
WHEREFORE, due to the perception that the Judge’s ability to carry out her judicial responsibilities with integrity, impartiality and competence is impaired, the appearance of gender bias and impropriety, prior unethical and/or illegal conduct, the Respondent prays for Judge Abigail Aragon to recuse herself from this case.
Rebecca S. Montoya