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Messages - gollymolly

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Dear Socrateaser / RE: Continuance in Florida
« on: Jan 22, 2007, 03:37:53 PM »
the opposite would be true.

this motion and actually removing the children from my home would be induced stress.

also... we already have a 50/50 shared arrangement. i get plenty of time to relax when they are with the other parent for two weeks. maybe that is important?

this was not the only basis for our continuance. we also requested it because of an ongoing appeal on a previous order that would have an effect on the case and trial.

as well as 'Case Not at Issue', because opposing has not followed proper filing proceedure, leaving a motion for amended supplemental petition unheard.

and then, they will not agree to withdrawing the motion. i guarantee it. as well as... the continuance for trial has already been granted, though the judge would like for me to make it to mediation this week.

and i think i could do that. i don't think anything will come of it. i am certain the other parent will not be willing to compromise.

i suppose i will speak with my doctors....but it seems there is nothing i can do about this.

it would negatively effect the children as well.

1. would this also hurt my case if the motion were granted? setting a precedence as in temporary custody?

2. any other thoughts?

Dear Socrateaser / Continuance in Florida
« on: Jan 22, 2007, 02:25:27 PM »
modification trial was set for the end of this month. due to my high-risk pregnancy (with twins) and early contractions, my doctor suggested that i seek to continue the trial until after the births.

my doc suggested that the early contractions could be caused by the stress of the ongoing litigation.

we filed for a continuance of trial and mediation.

opposing counsel filed a motion to have our children temporarily placed in the other parent's care for the rest of my pregnancy.

taking care of our children is not at issue. i have already gone thru one pregnancy and successfully done so. it is the work and stress involved in preparing for and attending a 2-day trial.

1. how worried should i be about this motion?

2. how should i prepare to argue against this motion?

3. any ideas?

Dear Socrateaser / Trial Retainer
« on: Jan 17, 2007, 08:08:57 AM »
when is it appropriate to sign a new retainer? a trial retainer.  would this be signed and in place prior to mediation or following mediation, when trial is then certainly expected?

we aren't certain we will be going to trial. we are hoping to settle the case in mediation. and now my attorney is asking for a trial retainer.  he has changed to a new firm.... and i am wondering if he is attempting to change his rate of pay prior to mediation.

Dear Socrateaser / RE: modification in florida
« on: Jan 06, 2007, 06:20:52 PM »

i am picking the child up (from time with the other parent for christmas) and would be able to have the urine test done on monday.

1. will one test suffice? or would it be best to test her for a couple of months to show consistent exposure?

i could test her at the end of my time to show the negative result and then test her right after picking her up from time with the other parent to illustrate exposure during that time.

2. then, i feel terrible for doing this... i mean, i know it is for the best since the other parent has been warned many times, but what do i tell our daughter i am doing? i don't want the other parent to find out.

Dear Socrateaser / RE: Custody Evaluations
« on: Jan 05, 2007, 10:08:06 AM »
i am not an attorney, but have been thru this for some time now.
do you have an attorney?

i ask because it is somewhat a given that you should supply the evaluator with a 'custody package' that would outline your case, which would include collateral contacts.  it is the best way to 'spoon feed' your side to the evaluator.

the other parent in my case also delayed the evaluation for some time. we handled this by contacting the evaluator (letter) and asking him/her to write a letter to the judge stating that he/she is unable to complete the evaluation because the other party has initiated his/her portion of the evaluation.

the judge wrote a letter to all parties, giving the other party 10 days to contact the evaluator and that the eval. would be completed without the input of the other party if he/she failed to do so within 10 days.

the other party did not comply, however the evaluator did not feel she had the authority to complete the report, but did write another letter to the judge. then of course the other parent finally showed.

i provided additional information to the evaluator at that time. and she also contacted me for a followup interview to inquire about things the other parent had stated.

hope this helps

Dear Socrateaser / modification in florida
« on: Jan 05, 2007, 09:47:32 AM »
we are approaching trial within the next 4 months.

the basis of our case is medical issues. our daughter developed asthma after the divorce. one year into her treatment, the other parent stopped giving her the medication... preventative and otherwise. this made her more sick. the other parent also smokes around her (several accounts according to the child).

though the child has been allergy tested and scored VERY high to cat and dog allergy. the other parent continues to take in new indoor animals... up to 10 indoor cats and 2 large indoor dogs in a 1000 sqft home within a year. (litters of kittens and such)

no precedence has been set in florida regarding smoking parents, so unfortunately we are on the front end of the battle.

my question is regarding proof that the child is exposed to second-hand smoke.

other than what the child says, i have medical notes on an appointment that the other parent took the child to without me present (meaning the other parent provided the history to the ENT) the notes for that appointment state, "Relevant risk factors: exposure to passive tobacco smoke and pet(s) - cats and dogs."

the custody eval.'s findings were that there was no substantial change. that i did not prove that the other parent smoked in the child's presence.

i know that pharmacies sell TobaccAlert, which tests urine for smoke exposure, but i am not sure that is a good idea to do that myself.

1. will i need to prove it in court?

2. if so, how do i prove that the child is exposed to smoke?

3. any other thoughts?

Dear Socrateaser / RE: Medical Expert Witness
« on: Dec 30, 2006, 06:44:28 AM »
we are both at a loss. having difficulty finding a local expert witness and i have tried the google search.

Dear Socrateaser / Medical Expert Witness
« on: Dec 28, 2006, 06:13:22 PM »
I am experiencing difficulty locating a medical expert witness certified in pediatric pulmonology for my modification case. our case deals with asthma, medical neglect, smoking around child, heavy environemental exposure to allergens (home environment), etc....

the child's current physicians are sitting the fence... which does more harm than good.

do you have any suggestions on locating an expert?

Dear Socrateaser / For Motion to Clarify in Florida
« on: Oct 24, 2006, 03:12:37 PM »
Can my former counsel  (during the time of the final judgment/mediation) testify or via written statement, as to the intention of certain phrases or words in the stipulated final judgment for clarification hearing?

or can the mediator testify to the meaning/intention of those words or phrases?

basically the item up for clarification was discussed in depth at mediation and i was assured of it's meaning/intention. I was weary of the terminology and was assured by my attorney that it meant nothing.... obiviously she does not have to live with it.

Dear Socrateaser / What next?
« on: Aug 07, 2006, 05:51:38 PM »
>All I can suggest is that you tell the attorney if he isn't
>willing to give you the representation that you deserve, that
>you will put his entire bill in dispute and file a complaint
>with the state bar. That will mean that your attorney will
>push back and probably try to walk away from the case, and the
>judge will almost certainly let him walk. Then you'll have to
>hire someone else, only there is no one else. Which sets you
>up to lose.

sorry about the new handle.....

i spoke with you previously regarding substantial prejudice shown from the bench. My attorney was more than reluctant to help and did not wish to file a recusal against the judge.

i consulted many local attorneys after speaking with you regarding the matter. They all basically said the same thing... that my attorney needed to "grow a set" or there was a greater political issue interfering with his ability to properly represent me.

My attorney is a former magistrate and as it turns out, he has had his eye on the bench for some time now... possibly before he even took my case.

this explains his hesitation to recuse the judge. I called him on it, saying that i didn't feel I should be paying for a 'human relations' issue.

he attempted to outsource the dirty work to avoid the impact on his career... but no one would touch it, since there was no record of what the judge said and they did not hear it on their own.

due to my persistence and great protest (in writing), he filed the recusal for me but it was strangely worded.

I am not sure how any other attorney would have written the complaint, but it seemed quite sweet, though i understand his reason for wishing to approach the recusal complaint in a respectful manner.

only a few short weeks following the letter from the judge granting the request, my attorney announced his candidacy.... also that he would be unavailabe for most of the month of july, august.... possibly some in september.

he is difficult to reach and is focused on his campaign. in fact, i strongly feel that his focus was always on the bench and not on representing me to the best of his ability.

I retained this attorney following the unexpected demise of my previous attorney, that occurred in January.

since march he has billed me for over $10k.... of course most of which was getting aquainted with my case.

it appears that not only am i without an attorney, again, but that i will be spending more money getting another attorney aquainted with my case.

he says that if he wins the election that he would not begin until january. in the mean time i do not feel that he can effectively represent me, while having this campaign on his mind and then possibly the judicial position.

so to the question....
1. though he did some great work on my case, does it seem necessary for me to seek new counsel (not good to change horses again).

2. if so, would it be appropriate for me to dispute a portion of his bill?... it is fully refundable if not used.

3. he does have a sr. partner. would it be better for me to try to get on her calendar? my attorney stated that it would work if he were elected, because it would cut down on my costs of taking on a new attorney.

 i really feel as if he is keeping my case to line his wallet. in fact he made a statement that if he does not win in september that he will need to bill a lot of hours to pay for what he lost in the election.

4. is it appropriate for me to ask to be transferred to his partner now rather than pending election?

5. how would you suggest i handle this?

thank you for your help.

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