Menu

Show posts

This section allows you to view all posts made by this member. Note that you can only see posts made in areas you currently have access to.

Show posts Menu

Messages - evalisto2005

#1
Dear Socrateaser / What should I do?
Feb 15, 2006, 12:23:36 PM
Okay, BM's bogus order of protection is going to be squashed soon

and my lawyer for my custody case is doing what needs to be done.

BM will have to go through the judge(s) that are handling our

custody case if she wants to try to get an OP again. BM's lawyer will

not say what any of her allegations are any more unless there;s

proof because he found out that he wasw lying for her under oath

and he's  scared that he could lose his law license.

I have to get a child representative (same thing as guardian at litem

(sp.?)) and a psychiatrist do do evals. My county may offer help as

far as getting a child representative but I can't afford to get one

myself and I can't afford a psychiatrist. A psychiatrist/evaluator is

what I need to win the case but it'd be about $16k total for all the

evals and a few other things involved. My family is scared to put up

their house to get a loan because they think things will keep

dragging out again. My lawyer says that the "good ol' boy judges"

will probably give me joint custody b ut not sole custody, but

a psychiatrist/evaluator would get me custody. My lawyer filed an

emergency motion for custody but doesn't think that I'll get it. She

thinks that the courts will just be looking over BM a lot.

My son keeps getting pneumonia and going to the ER because BM

won't take  him to a doctor, she won't get help for his

developmental delays, she lives with her mother that sells crack and

is out on bond for it, and there are so many other serious things.

My lawyer kept trying to get the case back in front of the judge that

handled the case in the beginning because he favors fathers but he

said another judge can handle it. I'm on disability because of

fibromyalgia and the condition can keep me from working. My lawyer

did say though that if I get and keep a job that will better my

chances of winning custody by 150% so I'm working on finding work

that I can do. My lawyer that is handling BM's OP case said that I

should move the case to BM's county because there the judges

aren't "good ol' boys" and that county handles cases quicker.

My lawyer for the custody case has to wait to do some things

because in BM's OP case it will be proven that BM keeps committing'

perjury to keep me from having visitation and to conceal my son's

medical information. Some of the proof is on voice mails from BM to

me and voice mails she left for a woman that she had try to frame

me, and that woman sent me the voice mails. They make it obvious

that BM is lying and even tried to have a woman frame me for

domestic battery or attempted murder and the murder of an unborn

child that never existed (I was never charged and I won't be).

Is there anything I can do? I can't come up with the money I need

and I have no idea what I should do.
#2
My thinking is foggy right now and I'm far from being an expert but I think for the children's well being you should get your attorney involved. It may not help but I think it's worth a try.

My son's mother won't give him meds (usually) or even take him to a doctor if he's sick, and won't put him in high risk early special education and speech therapy because she has a paranoid fear of doctors because of post traumatic stress disorder (long story), thinks she can handle everything herself, and doesn't want anything to be documented that says my son is really sick a lot, needs speech therapy (because his mother admitted to not even trying to work on his speech or development until after he was two). I know what you're going through and I wish I had a better answer. Best of luck.

#3
General Issues / RE: I am in WA
Dec 11, 2005, 07:57:22 PM
Yes, I think that any one could see a red flag there. My son's mother sleeps with my son still. It is because of her wanting to cling to him and wanting him to depend on her. I do not see how my son can end up having his own identity or high self esteem because of this.
#4
Visitation Issues / RE: update...
Jan 01, 2006, 09:28:35 AM
You also could check to see what the laws are in your state about recording conversations on the telephone, getting concersations on audio and video, and just getting things on video without the other person's consent. I think that usually you can get something on video (but not audio) as long as you're not on that person's property and some times you still can but of course that would cause drama in front of the kid. When picking the kid up and dropping off, you could park on the street instead of her property and have a video camera running in the car. Just check up on the laws before you even consider any of this.
#5
Visitation Issues / RE: update...
Jan 01, 2006, 09:21:22 AM
I agree with what other posters said. I'd take pictures with a regualr camera, but also a camera that's on a cell phone. Then email the pics from the cell to my email address. That helps to prove the dates and times hat the pics were taken. Also, cell phone records can show when pics were taken, when they were emailed, and what size the pics were that were sent.
#6
That's a small part of my situation. You can find out where legal aid is in your county. They will not give you a lawyer but they do give free legal advice and they help with what exactly to say on the petitions and everything.

I do have to agree with the person that posted before me. It is VERY hard for a father to take custody, some times even if the mother is a drug user or something.

Best of luck to you with everything.
#7
I haven't been here forver it seems like. Okay, when my son's mother filed another false police report against me again a while back I learned the the officer that gave me hell on the phone for 49 minutes and that I politely stood up to said on the oplice report and later in court also he said that my son's mother showed him a legit restraining order out of my county, but she didn't have one. He also said that when I had welfare checks done that nothing ever happened and that I was just harrassing my son's mother, but the police did get involved several times and my son's mothetr and her mother were both arrested because of the welfare checks. When he said this in court it was for my trial for harrassment by telephone against my son's mother's mother which I'm not guilty of. The judge said with other words that he did not belive their stories but I had to be angry with them at the time so because of that and the officer's words I was found guily and given court supervision. My lawyer for the custody case didn't think that that would really matter in the custody case.

The custody case, health problems that resulted from it, me just finding my birth mother, and lots of crazy things got me to call the officer's supervisor and complain. I did not say anything threatening or bad but I was still arrested for it. My criminal lawyer said that since it's against a cop my only hope would be an insanity defense and that I could kiss my custody case goodbye becaue of that. I had a full blown psyche eval done that was maybe a total of 14 hours and the psychiatrist said that I was under too much stress and that was what caused me to call the plice to compolain like I did. He said that he could not see me doin anything like that again and that I do not have a mental illness but that bascially my brain was overloaded because of the severe stress. Does that help me at all or is it all still all lost for me? I have known former couples that were fighting for custody and both had mental issues, and custody was granted to the parent that was most fit. My son's mother couldn't pass a psyche eval if her life depended on it.

My son's mother's lawyer filed to withdraw from the case becuase he was never paid and also because he found out that he had lied for her under oath. This was a long while back but the judge said that she had to show up herself in court for him to be off of the case and she didn't until a couple weeks ago. The judge would not allow a GAL to do anything and would not listen to anything until my son's mothetr showed up and he won't hear anything until she either gets another lawyer or represents herself. It baffles me how a judge could not even care about the well being  of a child. My lawyer wanted to have a GAL check things out and wanted to have a P.I. check things out for the longest time and to go for emergency custody but this has all been out off by the judge, he won't hear anything yet. My son's mother openly talks about her drug use, being a swinger, and much more on her web site where parties for swingers are advertised for. My son is at a lot of these parties and my son's mother's room mates were arrested for giving booze to 14 year olds at the parties. The partties are for the public since they are advertised the way they are so a P.I. can get in. The police already know what's going on  but haven't been granted access to the residence after receiving more compliants so their hands are tied.

My son's mother's mother was sentenced for her selling 12 grams of cocoaine or crack to an undercover agent and will be doing at least 4 of an 8 year sentence (again) but my son's mother still allows my son to stay with her mother. My son's mother would not take my son to a doctor after his face turned blue because of breathing problems and it's on my son's medical records that she stated that to his doctor. He was prescribed asthma and allegy medication which she refuses to give him so he's always sick. There is much more but too much to mention.

Is there no way for me to win this case like my criminal lawyer said or is it still possible? I know that anything can happen but I won' expect anything.
As far as the judge, my lawyer went to different judges but my lawyer got sent back to the same one. Doesn't it say something about a parent if they won't even show up for court for months for their child while they just ruin their credit even more?

If she gets another attorney do you think that he or she would check out the real reason why her lawyer dropped her and would not want the case or would at least ant a hell of a retainer fee?

Sorry for rambling, I'm just scared to death for my son.
#8
 BM's lawyer filed to withdraw himself from the case! One problem he had is that he realized he lied for BM under oath and he's scared to say anything for her now. She also did things he told her not to do, and he's never been paid anything. He filed to withdraw himself right after he got copies of her frivlous O.P. and finding out that she may be locked up for perjury.

Does BM's lawyer have to tell the judge why he wants to withdraw and be more specific than "there has been a breakdown in the attorney/client relationship" or does he only have to do that if BM shows up and objects to him withdrawing himself. My lawyer is not objecting.

Part of the papers that BM's lawyer served to her say this:

...and to present the attached Motion To Withdraw, and request hearing instaner thereon, and to request the right to file a petition for the balance of attorney's fees and costs, if necessary,..........

1) Does that make it sound like he's quitting because he was never paid?

2) Does he have to tell the udge why he wants out?

3) Does this at least put a little dent in her case if he's withdrawing because of her lying?

I am PRAYING that money has a lot to do with it because when she loses his services she still won't have money for another lawyer. That would make things SO easy but I won't hold my breath.
#9
I've been seeeing a therapist since before I even filed the case. The problem is that she will not testify for or against her clients. She said that what is on her records would make me look bad because of her not being able to defend me. I had just mentioned to her some small things that a lawyer would have fun with if no one could defend me.
#10
Yeah, I'm going to have the P.I. do that, I just have to wait until my lawyer said it's the exact right time. Thanks. :)