By Matt for the TIB Network:
I have recently obtained documents that support Amy Joan Schneider's claim that trust fund money that was set aside for her children has been used by her opponents for the purpose of continuing the fight to keep her children away from her.
This is an excerpt from an affidavit filed by Benito DiTerlizzi, the husband of Amy Joan's sister who once had custody of Amy Joan's children prior to her death:
3. In 2003, the Plaintiff [Amy Joan Schneider – MATT] discovered, after my late wife and her sister, Christine DiTerlizzi, had passed away, that Christine had left a trust fund of approximately $600,000 for the benefit of the plaintiffs children.It is clear that money earmarked for the children is being used by Amy Joan's opponents. What is not clear from these documents, is where exactly all of this money has gone. Have attorneys and the Court managed to soak up over $200,000 that belongs to Amy Joan Schneider's children?
…
[5.] The trust fund established for the plaintiffs' children has been paying the legal costs incurred in the custody dispute. To date, the trust has expended over $211,000 in attorney fees and costs in defending against all of the plaintiffs legal actions.
Using the funds is clearly not illegal, but is it ethical? What kind of person does this sort of thing? Access to what's left of the $600,000 is quite an incentive for this fight. Such questions are circumstantial evidence, at best, but Ms. Schneider's opponents' motivation can and should be examined. Remember, this isn't some criminal trial, we're talking about who actually has the right to raise two of Amy Joan Schneider's children.
I have yet to see the Court rule that Amy Joan Schneider is not capable of parenting. She has, in fact, been certified by a professional from the McLean County Center for Human Services as being "not unfit to parent her children." It does not appear that Amy Joan's opponents have proven their case, yet they continue to have custody of her children. Dr. Hamilton does, however, state that he is not able to evaluate her ability, nor is he an expert in parenting.
A couple of items of interest show up in that letter that need additional explanation. First, there is a notation about Amy Joan's experience with "substance abuse" which Ms. Schneider informs me is about a DUI and not drugs. Apparently, Dr. Hamilton felt it would reflect better on Ms. Schneider with the more nebulous phrasing than actually spelling out her history. Second, Ms. Schneider has been diagnosed as having Bi-Polar Disorder. Ms. Schneider informs me that this is a family affliction and that several members of her family have been so diagnosed including her sister seeking permanent custody of her children and the sister who formerly had custody before her death.
It appears that Lady Justice isn't quite so blind in this case.
Other Installments of this Story
Amy Schneider's Fight for her ChildrenSchneider Follow Up
Schneider Update
Another Schneider Update
