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Topics - dipper

Pages: 12 3 ... 26
1
Custody Issues / Custody
« on: Dec 19, 2017, 04:26:29 PM »
Ruling today:  we have primary custody effective after New Year's.

2
Custody Issues / No ruling
« on: Dec 19, 2017, 05:44:24 AM »
Nine weeks today.  No ruling still...

3
Custody Issues / Time in Ruling
« on: Nov 06, 2017, 03:47:42 PM »
Has anyone experienced a lengthy delay in a ruling on a custody case?  Our case was heard three weeks ago - it took 12 hours in one day.  Closing arguments were sent in by email three days later.  GAL was in our favor (grandparents).   We crossed the parental presumption hurdle.  I have no idea what can be taking this long - we are only told that the judge is backed up and very careful in her rulings.  I am very stressed at this point. 

4
Custody Issues / GAL Question
« on: Jun 09, 2017, 08:55:04 AM »
I have tried to research the role of the GAL and it appears that it varies from state to state and even court to court.  Some courts have clearly defined rules - others don't.  My question is - can the GAL legally share your concerns with the other side?    This would allow the other side to correct issues prior to court and seems unfair to me....

5
General Issues / Attorneys
« on: Apr 05, 2017, 12:17:21 PM »
I had felt good about our last attorney initially but then beginning in January it was as if he had taken on too many cases.  Never had time to talk, seemed to blow us off.  Once court was postponed in  February due to my husband's health, we only saw him one time prior to court in March.  He really did not give us any solids as to what he would be using in court - though we pushed for it - and he said he would try to get the medical information in that the other side filed to quash.   He told us he would take at least 1/2 day to review all of our material. 


On day of court, he was extremely unprepared.  The only thing he came prepared with was what he had been harking on for months and what we had told him was not enough.  He didn't even hark on that hard enough.  During court, he kept checking his cell phone and rubbing his hands over his eyes as if he was very distraught.  Not a good sign for us.  He did not object to them bringing in material that was not relevant to the case and dated prior the last custody order.  In fact, he only objected once and quickly admitted that he did not have grounds for an objection.


Okay, we have filed an appeal as we were meeting other attorneys to get their input on the case but you have to file within 10 days.   One attorney we met, we have heard excellent stuff about - but he is super expensive and really just a grumpy old man who is mean.   What we found out when we met him made us understand a lot  - this attorney is one of the attorneys representing our last attorney.  Our last attorney was with his wife at Christmas, but they have since split and it is very ugly.   The attorney - M. E.  - told us that our then attorney had been unable to devote the time he should have as he was so deep in his own problems.  Yes - told us this!  He also informed us that our then attorney was being represented by our opponent's law firm!   The opposing side's attorney's firm was co-counsel for our attorney.  They had worked out a deal about medical reports before ever coming into court and we were never informed about it.  Nothing was used.....


We got a bill today from our then-attorney and he charged ( at least he was honest) exactly 1 hour for trial prep.   I would say it was less than that.....but one hour was hugely insufficient.  He charged us for 5 hours court time and I really think we will call him on that.  He was unprepared, was on his cell seemingly upset, and during a break went outside fussing with someone on the phone - probably the soon-to-be-ex. 


I am considering filing a complaint especially now that we have a bill that shows that he did not adequately prepare. 

6
General Issues / Cell Phone privacy
« on: Mar 22, 2017, 03:00:54 AM »
In court yesterday, the other side produced a running text between what appeared to be our oldest son (not the baby daddy) and my husband.  My husband was charged with marijuana possession 44 years ago and that is a felony.  In the text messages, oldest son was attempting to get my husband to take guns to pawn for him.   The implication was that my husband had did this and it was illegal for him to be in possession of the guns.


The text messages were confusing as they involved both my husband and the baby daddy.   There were no phone numbers on the text messages showing who they were between.  At the time I was unclear about origination and thought they had somehow got the texts off of my son (baby daddy) phone...and she had bought him that phone and it was all on her account.  However, I don't know if that gave her the right to invade his privacy....


But....we have been thinking...those conversations were clearly between my husband and oldest son.  They are even discussing our youngest son at times.  We are thinking one of the times she came over here, she was laying around inside while we were outside and went through my husbands phone.....


Isn't that illegal? 

7
Custody Issues / Please think of us!
« on: Mar 20, 2017, 02:24:21 PM »
Tomorrow is the day!!  Going home to spend time with the little one....look over everything after she is in bed tonight.  Plan on getting up in the morning....going to the park to play with her.  Then to court later.


I can feel the anxiety growing....


If you pray - pray for us - especially that our grandchild be protected.  If you don't pray- think positive for us!!! 

8
Custody Issues / Suggestions for testimony
« on: Mar 14, 2017, 09:16:19 AM »
We go to court next Tuesday and this is the first time we will actually be testifying in front of the judge.  I am extremely nervous, though our attorney feels the judge will not allow the mother any time on her own...it will be tied into the grandmother having to be present.


Any tips?  As you all know, I can be wordy and defensive - elaborating to show why I did something or why the other party is wrong.


Is it okay to elaborate or just answer exactly what is asked?


The other parties are moving this Saturday to be surrounded by other family members and I am sure rent free.   Though the mother's lawyer notified our attorney, the grandmother has not notified us of her move.   The order states 30 days in writing.   


The address provided to us, I believe is not correct.  It is for the house at the front of the road, but not the specific 911 address of where child will be when in their care.  I don't know if grandma will live with them or if she and her husband will live in another trailer on the same property.

9
Custody Issues / Motion to Quash
« on: Feb 04, 2017, 01:49:50 PM »
We go to court on February 14th.  We have subpoenada lot of medical information about the mother.  Her therapist sent a letter saying she is not a patient.  Now we are receiving letters that her attorney is filing motions to quash all of it.  This information is important to show that she is physically and mentally incapable of taking care of child.  One pharmacy will not even send it to the court, as is the law, and wants an order from the court first.  She is wanting to hide all the pain medication she has been on.  Does anyone have experience with this?

10
Custody Issues / Custody Hearing
« on: Dec 29, 2016, 12:20:58 PM »
Brief background:  parents never married; custody is shared by father/his parents and mother/her mother.  Biological parents reunited in July - asked us to take care of child.  As we feared, the mother left son again in November and now child is gone from our home excepts for visitation.  Many factors in play here - uncontrolled physical illness as well as mental illness; drug use, hostility.


The mother stated that the court order we have is fine and she doesn't want to take our time.   But, once she got our filing, she now wants full custody.  She had gave her dad my phone number before to call and fuss at me - I have never met him and had not said anything about him.   Yesterday, she gave a friend me and my husband's names to contact on facebook over a profile picture.  The mother had texted me two different times yesterday being what I considered mean..the second time to say the three year old should not be sticking her tongue out and we need to stop allowing it.  When I said we don't allow it, it just went downhill.  I finally did a screenshot of her and her friend together with their tongues hanging out and said - what you do in your house is your choice, but if you don't want child doing it, maybe you should not.   


At 1:46/1:47 last night this friend of her's sent my husband and I fb messages fussing at us and just being ugly.  Said she would bring her Sheriff uncle down here because I was committing stalking (by taking her profile picture).   I did reply to her and I did speak my mind up to a point.   Then I blocked her.


I did text the mother as I knew she was still up and told her to not be giving out my information to anyone.  She of course fussed and said it was my fault for talking about people....


This morning at 6:09 we were woke up to the friend calling from a private number.  We figured it was one of her friends since it was blocked....the person left a super hateful message calling me a fat *itch over and over....talked about my daughter....told me to back off of the mother..and said I would never get my hands on her f*ing niece.


Then she messaged my husband two more times on facebook over a 20 minute period.  He never replied....


The police say there is nothing we can do because she did not threaten physical or sexual harm...and even the mother can not get in trouble for giving out our contact information.  The attorney acts like these actions do not matter as the child was not involved.  I think it goes to character. 


We go to court on July 10th and he thinks our main thing is that child was with us for four months and did well....I think the friendships and giving our contact information out for others to call/message us is harassment and goes to her mental illness being unmanaged.


Any thoughts on it? 

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