Teenager incarcerated for refusing to visit his father
A 14-year-old boy was thrown into the county youth home overnight and handcuffed for about four hours after refusing to follow a judge's order to visit his father, as part of an ongoing custody case.
The boy, Jacob Mastrogiovanni of Warren, was ordered Thursday to spend three days in the youth home by family court Judge John Foster, who lifted the sentenced Friday following protests by his mother and a night of incarceration for her son.
The uncommon occurrence of a contempt of
court sentence for a child in a child custody dispute angered his mother, Dawn Platevoet, and several of her relatives, including the boy's grandmother. They picketed in front of the county courthouse in downtown Mount Clemens on Thursday and Friday, garnering media attention.
"A judge shouldn't throw an all-A student in jail for refusing to visit his father," Platevoet said. "There are other ways to handle the situation, and apparently the judge agreed because he let him out."
Jacob was slated to remain in the Juvenile Justice Center until 7 p.m. Sunday but was released by Foster about 12:30 p.m. Friday. Foster had Jacob brought from the youth home in handcuffs about 8:30 a.m. Friday to appear in front of him in Macomb County Circuit Court later that morning. Jacob waited in a holding cell.
Moments after he was released Friday, Jacob said Foster didn't specify why he freed him.
"He said that I don't decide whether I see my dad or not," Jacob said. "It was kind of like a warning, this time, I guess."
Foster's secretary said the judge did not want to comment.
Jacob and Platevoet wouldn't delve into many details of why he won't visit his father, Victor Mastrogiovanni of Chesterfield Township. She said Jacob began resisting in July following an unspecified incident.
They said when Jacob has visited Mastrogiovanni recently that he is forced to stay in his room without any contact.
On Foster's order, the three have been attending weekly counseling sessions since early September. But they and the therapist have been unable to resolve the disagreement.
Platevoet and Mastrogiovanni never married and have had some disputes for years regarding custody and support issues, they said.
Mastrogiovanni, who has been married for two years and has a 15-month-old child, said he did not want to comment specifically about the dispute.
"I love my kid very much and want what's best for him," he said.
Platevoet said she would like her son to visit his dad but can't force him.
"What am I supposed to do? Grab him by the back of the head and put him in the car?" she said. "He's a teenager and wants to do teenager things."
She said Jacob "listens to me" about other things but not about the visits.
Platevoet's attorney, James Simasko, said he sympathizes with his client but didn't advise her to contact the media.
"The media is not the proper place for the parties to air their differences," he said.
Platevoet defended her public protest, saying she didn't want to air grievances but simply wanted her son released.
"The only reason I went to the media was to get him out of jail for what the judge did," she said. "He's my kid. I'm going to say something about it."
She said the county Friend of the Court also recommended the judge put him in jail.
"The Friend of the Court and judge are not looking out for the best interest of the child," Platevoet said. "They put him in jail with criminals."
FOC Director Lynn Davidson said she could not comment on the case. She said a child's wishes is one of 13 "best interests of the child" factors a judge considers in making custody decisions. Simasko said judges typically accept more input from a child as he or she grows older and matures.
Youth home Director Chuck Siedelman said his facility has handled minors for contempt of court in the past, but said he and his staff don't review the details.
"It's not our responsibility to know what took place; we hold them and house them," he said.
In the juvenile center off Dunham Road near Rose on the outskirts of Mount Clemens, Jacob was kept alone in a cell and slept on a mat, he said.
He had no complaints other than the handcuffs.
"They hurt," he said, showing lumps on his wrists from the metal tightened around them.
"The people were nice, but it's a bad place," he said.
His mother said Jacob, a ninth-grader at East Detroit High School, "is a good kid" who is on the honor roll and was voted "class leader" and scored No. 1 on a recent grade-wide exam. He plays baseball, wrestles and participates in other school activities.
His dad has coached him in baseball for several years.
Jacob said despite disliking his stay in the youth home, he vowed he will not comply with the visitation order.
"As terrible as a place as that is, I'd rather be there than" visit his father, he said.
The judge set a hearing on the matter for Monday morning.
In case you were wondering if you can be sent to jail for refusing to see your non-custodial parent, the answer is yes. A judge can do what he wants with you when you are involved in family court until you turn 18 years old.. He or she can make your life a living hell, and it is important to understand this going into a custody fight. You have the right to fight back, but there will be consequences.
In this case this kid had a decent relationship with his father early in his childhood as his dad coached him in baseball. But at some point this kid decided, "I'm done with this visitation bullshit" and then his great dad turned into a dick. This kid had gone over there and spent the entirety of the visit in his room. He didn't like it, he didn't want to go any more. But did his dad listen, NO. Did his dad care, NO. And now the relationship has been damaged to such a degree, that it will never be repaired.
The question becomes, what is this kid supposed to do. Should he get in a physical altercation with his father? Should he destroy the property at his father's house? Should he act violently? By giving this kid a record and time in jail, hasn't the judge forced this child to fight back in a way that is ultimately more damaging and more dangerous for all involved.
I'm curious as to what happened to this kid. If anyone knows please let me know, and as always, your own stories are important to me. So send them in.
The boy, Jacob Mastrogiovanni of Warren, was ordered Thursday to spend three days in the youth home by family court Judge John Foster, who lifted the sentenced Friday following protests by his mother and a night of incarceration for her son.
The uncommon occurrence of a contempt of
court sentence for a child in a child custody dispute angered his mother, Dawn Platevoet, and several of her relatives, including the boy's grandmother. They picketed in front of the county courthouse in downtown Mount Clemens on Thursday and Friday, garnering media attention.
"A judge shouldn't throw an all-A student in jail for refusing to visit his father," Platevoet said. "There are other ways to handle the situation, and apparently the judge agreed because he let him out."
Jacob was slated to remain in the Juvenile Justice Center until 7 p.m. Sunday but was released by Foster about 12:30 p.m. Friday. Foster had Jacob brought from the youth home in handcuffs about 8:30 a.m. Friday to appear in front of him in Macomb County Circuit Court later that morning. Jacob waited in a holding cell.
Moments after he was released Friday, Jacob said Foster didn't specify why he freed him.
"He said that I don't decide whether I see my dad or not," Jacob said. "It was kind of like a warning, this time, I guess."
Foster's secretary said the judge did not want to comment.
Jacob and Platevoet wouldn't delve into many details of why he won't visit his father, Victor Mastrogiovanni of Chesterfield Township. She said Jacob began resisting in July following an unspecified incident.
They said when Jacob has visited Mastrogiovanni recently that he is forced to stay in his room without any contact.
On Foster's order, the three have been attending weekly counseling sessions since early September. But they and the therapist have been unable to resolve the disagreement.
Platevoet and Mastrogiovanni never married and have had some disputes for years regarding custody and support issues, they said.
Mastrogiovanni, who has been married for two years and has a 15-month-old child, said he did not want to comment specifically about the dispute.
"I love my kid very much and want what's best for him," he said.
Platevoet said she would like her son to visit his dad but can't force him.
"What am I supposed to do? Grab him by the back of the head and put him in the car?" she said. "He's a teenager and wants to do teenager things."
She said Jacob "listens to me" about other things but not about the visits.
Platevoet's attorney, James Simasko, said he sympathizes with his client but didn't advise her to contact the media.
"The media is not the proper place for the parties to air their differences," he said.
Platevoet defended her public protest, saying she didn't want to air grievances but simply wanted her son released.
"The only reason I went to the media was to get him out of jail for what the judge did," she said. "He's my kid. I'm going to say something about it."
She said the county Friend of the Court also recommended the judge put him in jail.
"The Friend of the Court and judge are not looking out for the best interest of the child," Platevoet said. "They put him in jail with criminals."
FOC Director Lynn Davidson said she could not comment on the case. She said a child's wishes is one of 13 "best interests of the child" factors a judge considers in making custody decisions. Simasko said judges typically accept more input from a child as he or she grows older and matures.
Youth home Director Chuck Siedelman said his facility has handled minors for contempt of court in the past, but said he and his staff don't review the details.
"It's not our responsibility to know what took place; we hold them and house them," he said.
In the juvenile center off Dunham Road near Rose on the outskirts of Mount Clemens, Jacob was kept alone in a cell and slept on a mat, he said.
He had no complaints other than the handcuffs.
"They hurt," he said, showing lumps on his wrists from the metal tightened around them.
"The people were nice, but it's a bad place," he said.
His mother said Jacob, a ninth-grader at East Detroit High School, "is a good kid" who is on the honor roll and was voted "class leader" and scored No. 1 on a recent grade-wide exam. He plays baseball, wrestles and participates in other school activities.
His dad has coached him in baseball for several years.
Jacob said despite disliking his stay in the youth home, he vowed he will not comply with the visitation order.
"As terrible as a place as that is, I'd rather be there than" visit his father, he said.
The judge set a hearing on the matter for Monday morning.
In case you were wondering if you can be sent to jail for refusing to see your non-custodial parent, the answer is yes. A judge can do what he wants with you when you are involved in family court until you turn 18 years old.. He or she can make your life a living hell, and it is important to understand this going into a custody fight. You have the right to fight back, but there will be consequences.
In this case this kid had a decent relationship with his father early in his childhood as his dad coached him in baseball. But at some point this kid decided, "I'm done with this visitation bullshit" and then his great dad turned into a dick. This kid had gone over there and spent the entirety of the visit in his room. He didn't like it, he didn't want to go any more. But did his dad listen, NO. Did his dad care, NO. And now the relationship has been damaged to such a degree, that it will never be repaired.
The question becomes, what is this kid supposed to do. Should he get in a physical altercation with his father? Should he destroy the property at his father's house? Should he act violently? By giving this kid a record and time in jail, hasn't the judge forced this child to fight back in a way that is ultimately more damaging and more dangerous for all involved.
I'm curious as to what happened to this kid. If anyone knows please let me know, and as always, your own stories are important to me. So send them in.
