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Messages - gertler

#1
General Issues / RE: i'm sorry
Sep 10, 2008, 08:01:36 AM
Thank you. I appreciate your sympathiy and thoughts.
#2
General Issues / RE: what is
Sep 09, 2008, 07:02:15 PM
Hello...I'm still here reading all this. I didn't want to start a fight. I'm about to get out the water and throw it on all of you! It's comical to me. I hope it is to you all as well. Can we get back to the original problem? Can anyone give me any other advice? Where else Might I seek assistance?
#3
I agree! If this is persecution I can deal with it. Infact it would be good. For then God would be with me. And He only knows I want to be stronger and always do what is right.
But the Children! My heart aches endlessly. I pray for them constantly. If you truely believe in God then pray for me and I will for you. May God have mercy on us.
Thanks
#4
I need an attorney like this! The first attorney did end up believing in me and felt horrible when it was over with. He said he has never lost so bad. He felt like it was persecution. But your attorney did well and had compassion for you. I hope things change for him.

And it was good for him to cry. I've done it everyday since my wife left. Not for my own pain which is bad but for the pain of my innocent children which is far worse. They have been thrown into a totally different life and their once cute innocent soles are being crushed by everything my wife is exposing them to. My oldest son is so confused and is begining to lash out with the typical punky attitude and dress and rebelous ways. May God help me! I see that this is where there is hope! It's the only place.
#5
It is not normal for anyone of similiar beliefs as I have to use the secular system for help. I was dragged into this by my wife. I was told at the beginning that if I didn't get an attorney that the judge would grant her absolutely everything. So I got an attorney. But when I tried to work it out with my wife out of court and we agreed to split everything down the center with both of us having the children equall time, The attorneys told us the judge would not allow this. So then my wife's attorney told my wife to not speak with me anymore and told her to take as much visitation away as possible. Of course this is the same attorney that after he won he asked my wife out. I came to find out he was working for her for free. My wife said that they had become close through the divorce. Just another ugly twist in an absolute horror scene.

But back to why I used the courts; I felt like I either had to submit to my wife, which is contrary to my beliefs, or go before the "ungodly". Either way didn't seem right but in the meantime my wife's morrallity had gone down. She had left my son by himself several times. She passed out at a park with the children from taking some sort of a drug and had to have someone pick her up. She was spending time with a child molester in the area, etc. But before anyone thinks I can get custody because of this: My attorney told me that she has to consistantly put the children in "serious physical harm". Which is to say they have to nearly die first.

But again back to the secular court thing: If you are familiar with the scriptures you may know that Paul was dragged into court and defended himself against the accusation of the Jews. I felt like I shoud do likewise and give it a chance. I was a police officer before a came to God. I was a boy scout and was conservative and patriotic. I had a certain amount of confidence in the system. Now I am ashamed of it. I hope you understand.

Is your son divorced? Did he flee America? What problems has he run into if you want to tell me? You can email me privately if you want.
#6
Thanks for the information. I'll talk with my attorney about it. I'm in KY and he originally told me that there wasn't a way to do this here. He said that the judge would have to be voted out or die or they would have to change to a family court here and then they would have a seperate judge for this.
Thanks again
#7
Thank you very much for your support and encouragement!

What did you mean by, "subsequent filings cease until the appeal process is completed.coi"

Also please tell me more about a "recusal process". I have gotten an attorney from outside the area. But he has told me that I need to listen to my wife because if she takes me to court- she'll win. This has already happened once. Back before the final ruling, when we had joint custody, my wife complained that I wouldn't take my son to baseball practice on the Sat. I have the children. I don't have a problem with baseball. I play with my son all the time, but I am religiously opposed to competition in the public arena. Also, I only get every other weekend with my children and I didn't want to spend time taking all my children to town to play when even my son told me he didn't want to play. All this didn't matter. The judge ordered me to take them.

Yes! I will continue steadfast in the beliefs I have become convinced of. I told my children that if their mama leaves I will quite my job and be there 100% for them. Although I have had to make many compromises I am doing my best to hold on to my Faith and do what is right. I said at court that my wife wants a new life, but that I will lay my life down for my children. And yes I would love to rid the government involvement from my family.

Thank you again for your kind words!
#8
Yes, I've been hurt badly.
I greatly appreciate your sympathy and your thoughts.
I have filled for an appeal. But under my state's laws you can only appeal on what was brought forward during the trial. Nothing new can be admitted. And here is what my attorney has said: The judge has to have made a clear legal error. And it goes someting like this. If during the trial my wife or one of her witnesses made one little comment about
our situation and I had 10 witnesses and letters that showed otherwise. The judge can choose to believe that one little comment and ignore the overwhelming evidence that disputed that. I was a police officer. This isn't like a criminal case where evidence is weighed out and you have to prove beyond a reasonable doubt. The judge can choose who he wants to believe. This is what has happened. I had 15 witnesses and 10 letters that my wife had wrote that clearly showed our situation. My wife only had four witnesses and two letters I wrote to her. None of her witnesses said anything bad about me. The evidence, if it was honestly weighed out, would be in my favor. The judge tipped the scales to the way he sees it. I can appeal this but my attorney said it's an uphill battle. He said that the appeal's panel will probably see the bias and the evidence but that they don't like to step on the local judges toes. They want them to make their own decsisions. This judge had his mind made up before the trial. He told my wife's attorney right at the beginning of the trial that he's not giving joint custody but only sole custody. This was before the trial and before any evidence. I didn't have a chance and it appears like I still don't.
Thank you for your thought and I would appreciate anything else you or anyone else might be able to add!
#9
I don't know where to begin with this. I'm new to computers and forums and such and desperately need help!
I'll explain my situation as honestly and accurately as possible. It will seem unbelievable and you'll say, "There's got to be more to it" but this is basically it:
My wife and I have lived a very conservative Christian life much like the Amish/Mennonites. We both entered into this life style and beliefs by our own desire just before our first child was born over 8 years ago( we now have four). Suddenly-and I mean this- without any warning, any problems, without any prior discussions my wife filled for divorce and left. Everyone that knew us said we were like to peas in a pod. The perfect marriage. My wife was a stay at home mom and I worked part time. We were debt free and doing well in almost every area of our lives. I never would have dreamed this would happen.
But it gets worse:
The first attorney(local) I went to said that I didn't have a chance. He said that the judge will not give joint custody with joint time each even though my wife and I at the time agreed to it. He said most of the time the women gets the children and the man get's to "visit" his children every other weekend. He said that he "doesn't like you type of people" and is going to give her sole custody. He said that he is "bias and does what ever he wants". He warned me that he will base child support on a job I had just gotten at my wife's request. A job I had for four weeks! He refused to represent me.
I didn't believe him and found another attorney and went to trial. Over forty people came to support me. My wife had four. The evidence brought forth seemed overwhelming in my favor. My attorney argued that my wife and I entered into this lifestyle before the children were born and this is the only life the children have known. He argued that I live in a payed for home right in the religious community that has all my childrens friends and loved ones in it. That through out the childrens lives we have not been in need of anything. The children were all healthy and happy. There was nothing ever mentioned about me being unfit or a problem in any way even by her witnesses. Testimony was brought in that I have always been with my children. I even delivered one myself. I was part time so I could be home with my children. Her witnesses had no problems testifying, but my witness were yelled at and made fun of(some on tape). He said he didn't understand a children being disciplined and that children should be free to do what they want. He said that they should have TV and internet and live "normal" lives. He constantly tried to keep "religion" out of it saying it has nothing to do with what's in the best interest in the children(yet he uses religion against me in his descision).
Several days after the trial the court recorder ran into one of my witnesses and told him that the judge is biased against your people and often isn't even mainstream in his views. He said he makes his decisions on his own biases. Several weeks after that the judges cousin who often works for the Mennonites in our area told some of them that the judge was angry that they dared to show up at his courtroom since they don't do anything for society. He also said that the judge doesn't like them.
Finally after 4 months of waiting the judge made his descision. I couldn't believe it. In fact my wife's attorney was suprised. The judge went completely beyond what even my wife was asking for. He gave her everything he possibly could. She got sole custody. He split a large non marital money gift from my parents. He gave me several things I have never owned and gave her all the farm stuff. In no way was the property divided equally. He took a seperate paragraph and told me I "need to understand" some things and called my beliefs "deplorable". He said my shedding of tears was a "sham". He said that my dad's and my testimony was "factually incorrect"(I guess I lie). And yes he did end up basing my child support payment on a job I had for four weeks. He said that he understands that I don't have a job and that I live off the land but said that I am capable of making that kind of money so he's basing it on that.
Now more bad news:
My state has no laws keeping my wife here. She is allowed to move wherever she wants to. The local judges are given much power. This is a no fault state. It is a back woods area(once the judges nephew who is a sherrif deputy served me a notice that the local family services was sueing me for child support and medical insurance. This was signed by the prosecuter who is the judge,s cousin not to be confussed with the cousin who works for the local wildlife division or the other nephew who is the dog warden or another nephew who is also a deputy.)I have appealed this but my new attorney says that he as no doubts that the judges will see that this is a bad desicsion but they don't like to over turn the local judge's descision. They want them to have the power. No attorney I've  talked with doubts that the judge was biased and stepped on my constitutional rights but said that's just the way it is here. My attorney said my wife is in the driver's seat and I need to listen to her because if she goes before this judge she is likely to get whatever she wants. Both attorney's of mine say they have never seen anything like this. One of those attorneys has been working for 44 years.
I seem to have exausted all my options. Absollutely any suggestions would be welcome.
#10
Custody Issues / Kentucky father needs help
Jan 23, 2008, 07:32:04 PM
I'm new at this computer thing so bear with me.
I have a unique situation. My wife and I have lived a conservative christian life( much like the mennonites) since my my first child was born. My wife says she doesn't believe anymore and filled for divorce. We go to court in a month. She wants custody and doesn't want anything to do with all the church friends we've had for years. The judge in this small Kentucky town is said to be bias and usually grants the mother custody with every other weekend to the father. He doesn't give equal time. I feel like the system here is a bit out of date.
Does anyone know of any support groups in Kentucky to help. I found none. Any encouragement would be welcome
email me at [email protected]