Judges biased decision

[jcompz]

I was a stay at home dad with my kids until January of this year, at which time they went to daycare. With my job, it took me out of town a lot, and there were times I would come home to rotting food on the table, dried used tampons in the hallway, and even a time when I came home to my son chewing on a USED applicator while my ex was sitting on the couch oblivious to what was going on. I got papers from her attorney today stating that according to her, she was the primary caregiver of them since birth, I am unfit, was hardly home, that she is an excellent parent, lied about dates (even stated her mother lived with us!), etc... I am so glad that I took pictures of the way she kept the home during the few months before she took off (made a separate and completely private facebook, and posted them on there immediately after taking them for proof of when I took them and also have a witness that I had to hire to come in and clean the home weekly while I was working so that my kids would live in a sanitary place). I asked for a continuance because I am waiting on a subpoena for some records that would really benefit my case and it was granted today because her attorney wanted it too, so tomorrow all I have to do is fight to see my kids for the next few months until the next hearing in Feb. Based off everything I now have and the motivation I have given my attorney (I have a friend studying as a paralegal that found a new law here that my lawyer didn't know about regarding basis for appeals and a recusal that would help my case in the event this judge keeps on her same path), my attorney is quite confident that I am going to win and my kids will be home in February for good!

[ocean]

Ok, I do not want to bust you bubble but you really need to go see another lawyer just to talk. A lawyer saying the kids are coming home in February will probably not happen. Family court usually does not follow common sense. The Feb hearing may get postponed or you may go and just have a little pow wow just to see where you are at, and if one side will cave in and come to agreement with each other. It usually takes months and months to get to a full day trial with witnesses.

The biggest issue is the judge is allowing the kids to stay with mom and not return. Did you show those pictures at the emergency hearing? If the kids are school age, it will be very hard for a judge to pull them from the middle of the year.

You are right though about tomorrow, focus on when you get kids to trial. Exact dates, pick up time and place. See if you can get it in writing. Thanksgiving and Christmas break plus they may have a winter break in February. Look at their school calendar.

Good luck!

[jcompz]

They aren't school aged. They aren't even in day care with her. They stay with her mother nearly 24/7 while she goes to work & parties. At the emergency hearing, she didn't let much talking happen at all, she pretty much immediately dismissed the entire thing and said to file a basic motion and go set a date. I didn't get to say a single word.

Today was interesting. My ex wanted me to have very limited visitation with the kids until the next hearing: Thanksgiving at HER house if I flew up for the day, Christmas at HER house if I flew up for the day and that was it. Her reasoning was because the children had ant bites on their feet last time they went home and her attorney claimed neglect. Ok, I live on 43 acres of farm land and we spend a lot of time outside. Shoes or no shoes, you're gonna get bit. My attorney started to speak on my behalf and the judge waived him off and said don't bother "This is Mississippi. That's not neglect, that's living!". Then they tried to say that they were concerned about driving in the weather and the judge said that she can't predict the weather and unless the weather is bad enough for roads to be closed, she better be at the meeting place. I got a week for Thanksgiving, the week before Christmas, and the last week of January until the hearing in February!

[naturluvr58]

It doesn't sound very ethical...it sounds biased to me. Courts generally hate to admonish a judge, esp being accused by someone with little knowledge of law. Keep your finger on the pulse....keep every record you can. talk to teachers, doctors, daycare workers etc....Yes, it, dog ****. I am a NCP. There is a book written about how judges think...if I can remember it, I will post it. Play to the judges sense of what is what is fair and right for the kids. There is a sentence or 2 that will make her take a 2nd look......think! you emotionally vested, that the advantage of lawyers...it's a chess game. no urgency as you have. Have some one neutral look at it. Maybe a law student, a retired lawyer...ask around. I won by many hours studying the judge in family court, reading decisions, books, talking to teachers...anyone who interacts with my kids etc....after 31/2 yrs, things are finally pretty good. But ....yes family court is a joke..