The case of a Montana man who says he doesn’t have legal guardians who can support him after he was charged with assaulting his daughter could soon have a major impact on child custody laws in the state.
In a lawsuit filed in January in the Montana Supreme Court, Thomas Bucky accuses his ex-wife, Tricia Bucky, of making him a “person of interest” and “child support arrearage” in her custody battle with their 5-year-old daughter, who is now in the custody of her mother.
The couple separated in 2013 after Bucky was charged in a domestic violence case.
The couple’s former child support attorney, Traci Bucky of Denver, says she has seen no evidence that she has ever had an abusive relationship with her ex-husband and has filed an affidavit in support of the suit.
But she says that the case was not pursued due to a lack of evidence that Tricia is in fact a person of interest.
“There is no record that any investigation of this case was ever conducted by the (state) Department of Social Services or any other agency or body,” Traci said.
In her affidavit, Traca also says she had a separate domestic violence complaint against her ex filed by another woman in April 2015, but it was dismissed in November 2015, according to court records.
“The complaint that I filed was dismissed because of a lack in the evidence to support it,” Traca said in the affidavit.
The Buckys’ attorneys argue that the family’s history of domestic violence is no secret, and Tricia has been with her husband since 2006.
The complaint alleges that Bucky struck his daughter, then 2, in the face with a closed fist and then kicked her in the stomach, leading her to run away.
Tricia told police that Buckys were arguing about her husband when he pulled out a knife and struck her.
According to Traci, Bucky also punched her in her shoulder and said he wanted to kill her.
Traci says that Buckies’ ex-wives, who had recently left him, told her Buckys had been stalking them.
“Mr. Bucky has been stalking the family for years,” Tricia said in her affidavit.
“I believe he was going through the house at the time the victim was assaulted.”
In her complaint, Trica says she told Bucky to leave her alone after he allegedly attacked her daughter and punched her.
But Tricia says she didn’t think she had to report Buckys abuse until she got a call from a friend who told her that Traci had received a call.
In the call, Tracey says she called the family home and Buckys accused her of making the call because she was worried for her safety.
“I immediately knew that my life was in danger,” Tracey said in an affidavit.
“It was as if I was the victim of a crime and Mr. Buckys was the aggressor,” she said.
The judge ordered Tricia to stay away from her ex and he has since been living with his parents, according, according the state Division of Family and Protective Services.
Trica is represented by attorney David E. Miller, of the law firm of Peconic.
Tricia Buckys has said in interviews that she believes she is not a person with a legal right to child support and has been working with Traci on child support issues.
But the case is a significant step forward in the fight for custody of children who live with a parent who is unable to support them because of medical conditions or other factors.
In 2014, the American Academy of Pediatrics published a report that said the lack of legal protections for children with children living with a family member with a disability makes it more difficult for parents to support their children.
A number of states have introduced legislation in recent years to address child support for parents with a physical or mental disability.
In the state of Nevada, a proposed bill would require children living in foster care to have legal guardian guardians who have a custody order issued against them, and would require a judge to approve the guardianship if the child’s physical or intellectual disability prevents the guardian from making reasonable decisions for the child.
The American Bar Association has also endorsed a proposal that would require states to have “parental consent” for children to receive a parenting plan.