Jenelle Evans: Why It’s Unlikely David Eason Had To Give Up Guns To Regain Kids – Lawyer Explains
Jenelle Evans and David Eason had the CPS case against them dismissed but they may not need to have guns removed from their house after David shot and killed Nugget.
Jenelle Evans, 27, and David Eason, 31, regained custody of Kaiser, 4, and Ensley, 2, on July 3. The Teen Mom 2 stars initially lost custody back in May when there were concerns for their safety from Child Protective Services after David shot and killed the family dog, Nugget. Since Judge Pauline Hankins ruled in their favor and the case was dismissed it’s unlikely David had to remove his guns from their home, according to Jamie S. Getty, North Carolina family attorney. Getty EXCLUSIVELY told HollywoodLife, “I have never heard of a judge ordering a parent to get rid of guns in the home, but it is possible.”
“However, I would have no way of knowing whether that was ordered in this case since it was handled in the juvenile court and that information is all confidential,” Getty said. “Even if David was ordered to remove firearms during the preliminary phase, there would be no permanent order requiring it because the petition was dismissed.” Getty went on to explain why the children would automatically be placed back in the home with Jenelle and David after the dismissal. “Yes, it sounds like the judge dismissed the petition. In that situation, the court returns custody to the ‘removal’ parent, so the juvenile court can only put the children back where they were at the time that DSS (Department of Social Services) took custody.”
Since getting her kids back, Jenelle has taken to social media to slam Kaiser’s father, Nathan Griffith and his girlfriend Ashley Lanhardt, who looked after the 5-year-old throughout the case. Nathan previously invited Jenelle and David to Kaiser’s fifth birthday party at the end of June, right before Jenelle won back custody of the birthday boy. But apparently, Jenelle wouldn’t return the favor!
“Genuine question, have you ever invited Nathan and Ashley to your place for Kaiser’s sake?” a fan tweeted in early July, and Jenelle replied in a since-deleted tweet, “Nope.. and there’s a damn good reason. As soon as Kaiser’s party was over Ashley had to go tweet some sh** about David but all nice to his face. Don’t trust her at all.” Jenelle also took to Twitter to try and clear up any misconceptions about “rumors” people have said about this case. “Rumors are rumors. Don’t believe any tweets made by anyone about this court case. People are so mad now they are making up more stories that never happened. My story will he told soon,” she wrote on July 10.
As we reported earlier, Nathan is fighting for primary custody of his son after this whole ordeal. However, Jenelle’s public outbursts may not be reason enough for any change in the current custody arrangement. “The juvenile court cannot otherwise modify custody as between parents if the petition was dismissed,” Getty explained. “Nathan may file a motion to modify custody, but that would be brought in district court (DSS cases are heard in juvenile court). In order to modify custody, the moving party has to show that there has been a substantial change in circumstances impacting the child, and that it would be in the best interest of the child to modify the custody order.”
Source : Sarah Jones Link