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The Power of Choice: One Family’s Custody Case

Legal Aid of North Carolina attorney and advocate Atiya Mosley helped ensure Sammy’s wishes and well-being were considered during her parents’ custody negotiations, returning the 15 year-old’s sense of security and empowering her to make her own choices about how and when to engage with her father.

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Dear Diary … 

Typically, we expect what comes next to be private — thoughts for the writer and the writer alone. That wasn’t the case for 15-year-old Sammy Burns.

Sammy’s father doesn’t believe in privacy. He read her diary. He went through her phone and refused to return it. He wouldn’t let his kids close their bedroom doors. But that was only the beginning.

From berating Sammy to refusing to take her to medical appointments to acting violently around her, he mistreated her over and over again. It affected Sammy’s mental health and made her feel unsafe.

The team investigates and then advocates for what their clients — the children themselves — believe is best for them.

“At one point, he was pulling up to my mom’s house to pick me up. I said, ‘No, I’m not going with you,’” Sammy said. “But he called the police, and the police said legally I had to go with him. I was stuck in this situation, and I felt like I couldn’t get out.”

That’s where Legal Aid of North Carolina attorney and advocate Atiya Mosley came in. As part of the nonprofit, Atiya works with children involved in highly contested custody cases.

Legal Aid of North Carolina client Sammy Burns, at left, and her mother
Legal Aid of North Carolina client Sammy Burns, at left, and her mother

“Children deserve to have their voices heard, because when adults listen to them, we are in the best position to make choices that keep them safe,” Atiya said about her work.

The team investigates and then advocates for what their clients — the children themselves — believe is best for them.

Sammy and Atiya worked together to create a plan that would make Sammy feel comfortable, safe and empowered — and were able to settle the case out of court.

Sammy’s mom was awarded sole custody, and Sammy was able to make choices about her own life and engagement with her father.

She’s now a happy, thriving 21 year-old who gets to do what she loves most: work with animals.

Sammy’s case isn’t unique. In many instances, children and their mothers aren’t taken seriously when they share about abuse. In fact, one study showed that these types of child abuse claims are only believed 20% of the time. That’s why having an advocate — one who can help ensure children’s voices are heard — is so important.

Legal Aid of North Carolina is working tirelessly with families to change statistics like these.

When asked what she wants others to know, Sammy said she encourages people to get help if they need it. She reminds them that it’s not impossible to get out of a difficult situation — with the right support.