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Author Topic: Visitation declined as advised by legal counsel?????  (Read 1939 times)

stepma

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Visitation declined as advised by legal counsel?????
« on: Mar 12, 2005, 12:13:10 AM »
Do lawyers even do that? tell the Custodial parent to deny visitation when the whole reason she had to get a lawyer is because we filed a motion for family access due to (BIG SURPRISE) her denying visitation.

We haven't seen my DSS since August 2004 for only 2 days. We are owed 14 days visitation from last year and this PBFH is being a complete A**. We finally did something about it and our court date was set for March 14. So we wrote a letter asking for visitation while we are in DSS's state ( we live 1000 miles away) and PBFH sends a letter declining visitation because her lawyer advised her to do so>???? ARRRRRAGHHHHH!!!!!!!  x(


Kimberly9

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RE: Visitation declined as advised by legal counsel?????
« Reply #1 on: Mar 12, 2005, 05:44:59 AM »
Wow!  She actually wrote it in a letter for you to have as evidence when you go to court in a week?  It seems pretty crazy to me, because that letter proves her bad intentions.   She might be preparing to argue that it is unsafe for SS to be with you.  Therefore, she isn't even going to allow a visit while you are in the state.  I can't figure out any other reason her lawyer would give that advice.  

I would ask for make-up time, court costs, PAS counselling for BM and immediate visitation while you are there.  I think that unless there is something you aren't saying that the judge will order visitation immediately following court while you are in the state. . . as well as deal with all the contempt issues.

Good luck!  

Stepmom0418

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RE: Visitation declined as advised by legal counsel?????
« Reply #2 on: Mar 12, 2005, 07:49:41 AM »
Save that letter! Good evidence! Ex's attorney in DH's case was VERY upset when we went to trial because EX used him as an excuss as to why she denied visitation. When in fact the attorney claims he never told her to deny visits.

We are still waiting on a decision on several contempts as well as physical custody of my SS.

gipsy

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I don't believe an atty would tell a client to do that !~
« Reply #3 on: Mar 14, 2005, 12:51:52 AM »
That would be unlikely , My atty told me that He can't advise me to Disobey a courtorder! , She is probably lying , Or sometime atty's believe clients lies , But before you go to court , If there has not been a Guardian Ad Litem appointed , then I would see if that state uses that system , The deal here is , IF there are allegations , the judge won't do any thing untill a GAL reports To The court , The reason Is Because the Judge doesn't want the local new there to say He gave the Child to an ax Murderer , So to Cover there ass the use a Guardian ad Litem , This is SUPPOSED  to be the neutral third party that reports to the court  on behalf of the minor child , As a matter of fact My order said
    MOTION TO APPOINT gUARDIAN AD LITEM ON BEHALF OF MINOR CHILD ,   And thats what the judge went by before My case was straightened out , And My visits were denied [except ] for supervised visits ,, UNTILL  the commisioner had the REPORT OF THE GUARDIAN AD LITEM  in her hands then  I got regular visits , . the  first  report was basic , And it said No proof to the allegations , So The reason I wrote this is because it seems that you lose at first , untill you go through the courts process  ( AKA) the hokey pokey at the court house dog and pony show , And all the players in My mind are usually a bunch of goof's . Actually the first GAL was pretty good , And was an atty . I think they are the best ,Because she stayed mostly with matters of law , ,  My case is all done . But I come back here to say !! Don't give up or let thim get away with it , The hardest thing to do is be persistant ,with out being mad , But thats this game stay cool and perstistant ,

stepma

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RE: Update*
« Reply #4 on: Mar 26, 2005, 10:50:03 AM »
As soon as we got into the court room my DH was served with a motion to modify, which was the most vague and incomplete parenting plan I have ever seen, some of the sentences weren't even complete. It stated that all visitation will be in DSS's home state and of course she wants to double the CS which is fine by us as long as we get to see my DSS. I think PBFH is hoping that DH won't answer and then she'll go to court and get whatever she wants written up. A G.A.L. was appointed and the ex's lawyer tried to push DH into only 4 hours visitation after court and I told that hairy man that we were going to let the judge decide what was in my DSS's best interest, he wouldn't even look at me. The judge gave us 8 hours total while we were there and gave my DH a Birthday visit (not in decree) for the whole weekend HA! with the next court date that monday. My DH hasn't seen his son on his birthday since he was 2 he is now going to be 7. So from what I understand whatever the G.A.L. suggests is usually what the judge orders right? Because when my DH and PBFH had a meeting with the G.A.L. she lied about DH not calling for 8 months right in front of the G.A.L. and DH just so happened to have photocopies of our phone bills with him. PBFH also told the G.A.L. she took DSS to therapy because of my DH and when the G.A.L. asked why she wasn't taking DSS anymore PBFH said the therapist asked her more questions than he asked DSS. I just hope that the G.A.L. sees through all of this crazy womans LIES.


gipsy

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RE: Update*
« Reply #5 on: Mar 26, 2005, 09:43:23 PM »
I think I understand that you are going pro se ? Because pbfh's atty couldn't talk to you if you had an atty parenting plan , He said " You are asking for a change of custody And that would be backing down on your position " However MY OPINION IS . That I should have talked to the GAL more about parenting plans ,, But the second GAL I had, had a screwloose , And she reported all kinds of Bullshit , So Thats why I repeat , Don't do ANY thing that isn't in the category of a good parent , Make sure the kids are saying Daddy likes mommy , Its hard to NOT convey the feelings to the children But you Don't want the children to go tell the GAL that dad say's mom Is a  @#%$, I made that mistake in anger ! Don't do any of this !!! Be good parentss , On the next court appearance propose to the judge a good TEMPORARY PLAN , aND FILE IT  , even if late atty's do this all the time , There was stuff filed late all the time , But if you don't try a temp plan or have a well drawn picture for the judge then you won't be very comprehensive at court , You ask for a TEMP plan because the GAL has not reported , Maybe the GAL will approve it , I don't know about out of state plans , But I would say , Pick up will be at ? 5;30 on firday after school , And Child returns At 5pm before school , And so on with summer , Springf and winter vacations , If you have a fax i will send you mine , Or I can try to Scan it and email , But mine is different because it is in state and for the state of washinton , Ask , And type in the search bar for  Superior court [Your state ] And see if they have ones that you can interactively type up on the computer , Heck Call twenty atty's untill you get one that will tell you were it is on the net < My atty  Emailed me a word version And I played with it on the computer >

gipsy

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this site has forms
« Reply #6 on: Mar 26, 2005, 09:54:38 PM »
I never had to find them because I had an atty < Post  the question about the forms for your state , And court , And probably county

stepma

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RE: YEAH!
« Reply #7 on: Apr 18, 2005, 10:00:21 PM »
Dh went to court today and we got DSS for the 12 days that were denied plus an extra 4 WHOOPEE!. All in the state of Texas because the judge told PBFH that no judge in the world would make DH only visit his son in Missouri for the reasons PBFH gave. PBFH also wanted to have us drive and meet again because she doesn't want DSS on a plane but when the judge told her all she would get for travel expenses from us was $278 (the cost of airfare) she decided to go ahead and let DSS go on an airplane. We still have to take care of her motion to modify but the judge and G.A.L. are on our side and PBFH has already agreed to let DSS on a plane once so her entire defense is shot now. I'm so glad I found this web site and I thank everyone who shares their stories and advice.   :7

gipsy

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RE: YEAH!
« Reply #8 on: Apr 18, 2005, 10:48:03 PM »
I am happy for you , My atty say's "most of the time if you go see the judge , you will get your visit's ".Except if there is something really wierd , The only client " of My atty's that lost visitation " shot the mothers boy friend in the leg at the transfer !!! .
     About parenting plans <  And my Atty said" Parenting plans are not self enforcing " You have to go to the judge  with a contempt, if there is not cooperation , I would like to know if you appointed the GAL . I am happy to see success for you !!1

stepma

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RE: YEAH!
« Reply #9 on: Apr 18, 2005, 10:52:35 PM »
Our G.A.L. was chosen by the judge, from a table of lawyers waiting for their cases to be called.

 

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