AFFIDAVIT OF MICHAEL MINCIELI
Case No: 22 DR000786
AFFIDAVIT OF MICHAEL MINCIELI
I, Michael Mincieli, being duly sworn, hereby depose and state as follows:
I am the grandfather of Heaven Grace Guerra, the minor child involved in the above-referenced case.
I am providing this affidavit to bring attention to the egregious violation of due process committed on 12/1/22 by Judge John C Carlin in issuing an Emergency Pick Up Order of Minor Child, which resulted in the immediate separation of my granddaughter, Heaven Grace Guerra, from her mother, Paige Mincieli, without affording myself or my daughter the opportunity to be heard.
Prior to the issuance of the Emergency Pick Up Order of Minor Child by Judge John C Carlin on December 1, 2022, Heaven Grace Guerra had been in the legal custody of her mother, Paige Mincieli, for at least one year without any visitation or contact with her father, Joseph Guerra. This established custodial arrangement was upheld and recognized by the court.
During this period, the primary caregiver for Heaven Grace Guerra was not only her mother, Paige Mincieli, but also myself, Michael Mincieli, her biological grandfather. I resided with my daughter and the minor child, providing continuous care, support, and a stable environment for the child's upbringing.
The actions of Judge John C Carlin constitute a blatant abuse of power and a violation of citizens' constitutional rights, as guaranteed by the Due Process Clause. This violation is punishable under 18 USC §242.
It is widely recognized that the traumatic experience of involuntarily separating a child from their nurturing primary caregiver can have severe and long-term negative psychological consequences. In the case of three-year-old Heaven Grace Guerra, the sudden and unforeseen separation from her mother, Paige Mincieli, has caused significant emotional distress, including confusion, anxiety, and feelings of abandonment.
The negative impact of such an upheaval in a child's life extends beyond the immediate emotional distress. It undermines the child's sense of security and stability, which can lead to long-term behavioral problems and depression.
Moreover, it is important to consider the specific circumstances of Paige Mincieli, the primary caregiver and mother of Heaven Grace Guerra. Paige Mincieli is protected under The Americans with Disabilities Act (ADA) due to her condition as a type 1 diabetic for the past 26 years. This condition poses significant challenges to her health and well-being.
The sudden and unjust separation of Heaven Grace Guerra from her mother further exacerbates the already delicate situation. It not only deprives the child of the necessary presence and care of her primary caregiver but also potentially impacts the mother's ability to provide the necessary care due to her health condition.
The traumatic experience and potential long-term negative consequences suffered by Heaven Grace Guerra, coupled with the health concerns of her mother, Paige Mincieli, underscore the urgency and severity of the situation. Immediate legal action must be taken to rectify this act of judicial overreach and ensure the well-being and best interests of the child.
I declare under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct to the best of my knowledge and belief.
DATED this _____ day of _________, 20.
Michael Mincieli
Sworn to and subscribed before me this _____ day of _________, 20.
Notary Public My Commission Expires: ___________
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