You were right what do I do now

[stillfighting]

I hope you remember me, it has been a while since I posted anything. We went to a Temp Custody hearing to day with both lawyers. We had affidavites that were backed by concrete eveidence (medical documentation, police reports, school records, childrens medical records, letters from schoolt, a multitude of character references, etc.)

Her lawyer had 4 affidavites. One from a convicted felon (vehicular manslaugther), recent arrest, and a known drug user. one from her son; recent arrest for dui, dus, dwi (driving without insurance), open container, and a history of drug/alcohol abuse/use. and to others I will only reveal to you privately.

She retained tempoary custody, I'm still on a every other week end visitation schedual, and ordered to pay child support, which I really don't mind. Even though when I sent money on my on, she sent it back and told me to shove it and I still have the note she sent saying so. I did notice that during my lawyers arguements the judge spent more time looking at the clock then paying attention to my lawyer. I just feel like I got raped by the system again.

1-What do I do now that I have not already done?

2-Where do I go now that can ensure me more time with my children?

3-Do you still think I should go to the media?

4-Should I request a change in venue?

Any advice will be appreciated.

A rich man is one whom when his pockets are empty his children fill his arms

[socrateaser]

>1-What do I do now that I have not already done?

I'm sorry. Being right does suck sometimes.

You really don't have a case unless you can get the judge removed for bias, and that means he must remove himself. I'd consider filing a motion and just telling the judge your concerns and asking him to remove himself in the interests of justice. This would be a "hail mary," because if he refuses, you will never get anything else from the court. But, if he agrees, you could turn the thing around completely.

>2-Where do I go now that can ensure me more time with my
>children?

All you can do is love your kids when your with them and hope that they will eventually want to live with you. That's the most efficient route around the system.

>3-Do you still think I should go to the media?

Too much time has passed. You would have to tell me everything that has happened again from day one for an opinion.
>
>4-Should I request a change in venue?

Nope. Not gonna happen in a million years. This isn't a criminal action.

[stillfighting]

Ok I appologize in advance for not following the post format.

<1- Bias Judge?>
The judge that saw my case was the attorney for my brother's x in his divorce case.

He was my brother in law's attorney for his divorce case

He is the 1st cousin to my sister in law's uncle (by marrige to her aunt). When the Uncle and Aunt divorced it was a very long and nasty divorce.

Maybe I am wrong but I feel he has to much intimate knowledge of my family and my be useing his position to try and get back at someone for his cousin.

1- Is this a possible way to show bias

4- She is getting help from the judge that was over her CDV arrest(weapon in volved, idicted awaiting trial) and he was sited in one of her affidavites as someone to talk to in reference to this case.

<>>

My children are young. In this state a child has to be at least 12 in order to say where they want to live. They scream and cry every time I take them back to there mother. I hope the GAL is fare and can see that they wish to live with me.

As a side note, she lost her children in her last marrige due to (if I remember correctly, I am trying to get a copy of her divorce papers now but it is hard) cruelty, abuse (Sexual and physical)

I will ask again for you to send me an e-mail. If you wishto keep from being flooded go to any of the free e-mail sites just so I can send you the spacific info then close the account after your done. I would like to be able to explain everything so you can see it all and give your advice about going to the media, it would be greatly appriciated.
 

[socrateaser]

>1- Is this a possible way to show bias

You could certainly use these factors as an argument for having the judge remove himself from your case. But, it's up to the judge, whether or not he will do so.

>
>4- She is getting help from the judge that was over her CDV
>arrest(weapon in volved, idicted awaiting trial) and he was
>sited in one of her affidavites as someone to talk to in
>reference to this case.

I don't know what you mean about "getting help," so I can't comment.

>As a side note, she lost her children in her last marrige due
>to (if I remember correctly, I am trying to get a copy of her
>divorce papers now but it is hard) cruelty, abuse (Sexual and
>physical)

This evidence could be very valuable, if it shows that she has a pattern of abuse.

>
>I will ask again for you to send me an e-mail. If you wishto
>keep from being flooded go to any of the free e-mail sites
>just so I can send you the spacific info then close the
>account after your done. I would like to be able to explain
>everything so you can see it all and give your advice about
>going to the media, it would be greatly appriciated.
>
You don't need to give me all the details. You are smart enough to know what evidence you can prove and what will make a credible case. Bottom line is you need to show that the mother is affirmatively acting to harm your children. If you can do this, then you will get custody -- otherwise you won't.

As far as the judge goes, if you feel that he is biased, then tell him why, and ask him to remove himself. At least you will get a hearing wherein he can explain why he believes none of your concerns are valid.

If you want to send me email regarding the case, then I need to know what you intend to send, and you need to ask me every time you propose to send me anything, because I rarely read my email for this pseudonym, and I only allow specific relevant evidence to be sent, because I don't want to spend my life sifting through irrelevant details.

[stillfighting]

Just to add insult to injury I find out that this judge was over another divorce case for another brother of mine.

If you will send me an e-mail I will give you a complete run down on my case. I will not leave anything out.

As a side note my step-son (drug/alcohol abuser) threatened to kill me in front of 2 police officers (who were arresting him for 2 or 3 bench warrants), a warrant has been signed for the threat, and she is calling me violent. I have never hit my wife in any form of violence, I have had to carry her to the hospitol on several occasions when she wanted to die (starvation, overdose, slit wrists, tried to run into on coming traffic, etc.)

It seems that I run into brick walls no matter how hard I try but, I will never quit, I will never give up, I will fight to the last because my children need me and I will not let them down.

[socrateaser]

I don't need a complete rundown of your case. All I need to know is what the current status is, i.e., temporary/permanent orders in place, pending hearings, and what each side has offerred as settlement terms.

Frankly, you're still venting and it's not real productive. If you think that the judge is biased, then move to recuse on grounds of bias and maybe the judge will step aside. If he won't, then you're stuck and you'll just have to live with the fallout.

[stillfighting]

If you remember me you might recall all of the issues if not here we go.

Me- Prior military (Honorable Discharge), State and Federal Law Enforcement, 30 plus yre old, don't drink, don't smoke, and do not use drugs, I do not like to take medicine if I can tuff it out. I have nothing going against me other than lies that have no truth to them at all.

Wife- Prior military (Honorably discharged for personality disorder), 42 yrs old, alcohol/drug user (medically documented 10 yr history), Children in previous marrige taken due to abuse (If my sorces are correct it was physical and sexual), attempted suicide, threatened to kill herself, me, and our children (Medically documented), physical cruelty to me (witnesses available), has attempted to kill me once of which she is facing trial for CDV High and Aggrevated nature (weapons involved) and other issues I will disclose to you in one on one e-mail.

At this time Temporary custody is with my wife. I believe the only reason for this is a friend she has (will explain futher in e-mail, also one of the reasons I am requesting recusal).

I am now paying Child Support of which I have no problem with other than she will be spending the money on everything other than our children.

Both she and I have passed drug screening even though there are witnesses that have seen her use drugs and then she flushes her system with a clean out kit she gets at a local nutrition store and it does work on UA, blood and hair tests because the witness saw her using drugs a little over a week prior to the drug screening.

Guadian Ad Litem shall be appointed (no idea as to who this will be as of yet).

She continuses to allow contact with a convicted sex offender and is now having a relationship (what kind I do not know as of yet) with a convicted felon.

She is now alledging I am a controlling person, that I provided the drugs she used, have friends of illrepute, and facination with violence.

I have other info I would like for you to see but it will have to be done via e-mail, if you will allow it.

I will check for your post and e-mail tomorrow if you e-mail me I will send the rest to you tomorrow.

Thanks in advance.

A RICH MAN IS ONE WHOM WHEN HIS POCKETS ARE EMPTY HIS CHILDREN FILL HIS ARMS

[socrateaser]

>Guadian Ad Litem shall be appointed (no idea as to who this
>will be as of yet).

This is a step in the right direction. It means some, hopefully disinterested party will look into the situation and report to the judge.

>She is now alledging I am a controlling person, that I
>provided the drugs she used, have friends of illrepute, and
>facination with violence.

You probably are controlling, and she is probably a drug abuser, and most of it will be discovered by the GAL, who will hopefully give you a good report.

There is nothing evidentiary that you can provide me in email that would present a subject for discussion that we have not already discussed in the past. I asked you for a status of your case, and the only thing that you came back on point is that a GAL has been appointed.

1. What are the current temporary orders?

2. What is each party requesting from the court (how much custody, support, visitation, evaluations, etc.)?

3. What, if anything, has each side offerred the other to settle?

That's all I want to know, right now. No email needed.

[stillfighting]

<<1. What are the current temporary orders?>>

Date of Hearing June 27, 2005
Date of Order    July 8, 2005

Temporary custody stays with wife

The "Resonable" visitation schedule is still in effect with details for birthdays and holidays

And as such other times the parties can agree on in writing

Child Support ordered (I have no problem with this other than what she will be spending the money on)

Hair Folicle drug screening ordered for both (Both passed, me because I am drug free, her because she used a clean out kit that even cleans the hair.)

Mother restrained from allowing contact with her oldest son (from previous marrige) and the minor children (Multple arrests and convictions, most resent was for threatening to kill me)

Both parties are retrained from making disparaging remarks aboout the other in the presence of the children. (I have not been doing this anyway but she has worked on our children in other ways simce this order was put in place, My son came home last weekend and said that he wanted to change his last name to her previously married name and says my last name is no good.

A Guardian ad Litem shall be appointed. (remember this order was dated July 8, 2005, it is now August 9, 2005 and no ad Litem as of yet. I feel that her friends are helping in the delay of this so she can have more time with the children to manipulate them.)

Both parties are entitled to discovery

Mother keeps house

The Order of protection issued by the court in DEC shall remain in effect

Parties are subject to contempt powers of the court for violating the terms of this order

All other issues are held in abeyance

That is the end of the order

She is requesting sole and permanent custody Allomony, hire child support, atorneys fees, and wants me to be put under a supervised visitation day time only no over nights.

I am requesting sole and permanent custody, attorneys fees, supervised visitation until she got and passed a psychological evaluation and anger managment classes, (even though I did not care for it my attorney requested allomony and child support), I also was willing to accept full 50/50 custody with a restraining order to prevent her from flying away to Puerto Rico.

I am putting a packet together now to request assistance from the media and Congressmen. As I stated before she came into the court room with 4 affidavits. I came in with a pile of affidavits, a medically documented history of mental illness/drig use/ threats and attempts of suicide and harm to others. She lost her 2 children in her previous marrige due to Physical and sexual abuse. I am trying to get a copy of those records now from Puerto Rico.

Read, review, and tell me what you think I need all the help I can get.

A RICH MAN IS ONE WHOM WHEN HIS POCKETS ARE EMPTY HIS CHILDREN FILL HIS ARMS

Thanks again.

[socrateaser]

>
>Read, review, and tell me what you think I need all the help I
>can get.

No drug cleanout kit can purge hair follicules of drug residue. Hair is dead organic material, and it picks up whatever was in the blood at the time the hair was growing, no different than tree rings make a historical record of the environment around the tree as it ages. So, either your spouse cut her hair all off, or she hasn't done any detectable drugs during the period of time that is representative of the hair samples.

This means that you are somewhat exaggerating your wife's behavior, which is pretty typical stuff for a divorce. But, if you're interested in winning any substantial custody, you must appear to be disinterested in revealing the horribles of your wife's past behavior, and solely interested in the wefare of your children.

So, think about how you can frame your case so as to emphasize why the children will be better off with you on a daily basis, and why your wife will obtain the maximum amount of time with her children, because you are only interested in cooperating with your wife in your children's best interests.

If you do this, you have a small shot. If you don't, you have no shot at all, unless your wife gets convicted of some felony during the pendency of the divorce.

[stillfighting]

<<<>>>

She is living proof, I admit that she may have stopped using drugs prior to the test, but she had used. Her son even said she had. Maybe you do not know of the kit that she used. It is a 7 day program that flushes the urine and has a shampoo that cleans the hair. It can be bought at any nutrition store.

<<>>

NO!!! She has a medically documented history of drug use that spans ten years. To include Marijuanna, cocain, and a morass of perscription drugs that were not hers.

<<>>

I have told everyone involved that I do not want to keep the children from her, that I want the children to know and love their mommy. My concern is that she will have a depression relapse, as she has had on numerous occasions in the past, and go balistic with no one there to help and my children may be the ones that pay the ultimate price.

<>

What of the Guardian issue?

Does it normally take so long to get one appointed?

<<>>

Do you think this will help?

Sorry for being a pain but, I have now been separated from my children longer than ever before and it hurts more than any pain I have ever felt before.

A RICH MAN IS ONE WHOM WHEN HIS POCKETS ARE EMPTY HIS CHILDREN FILL HIS ARMS

[socrateaser]

>What of the Guardian issue?
>
>Does it normally take so long to get one appointed?

Usually a GAL is appointed immediately, unless the orders expressly tell the parties to cooperate in obtaining one on their own. If you are concerned, there is nothing that would stop you from retaining a GAL to represent the child, and having that attorney motion the court to be appointed. Worst case, the court says no, and then appoints a different GAL immediately in order to "cover" the little "mixup." (which may be real or contrived, but who cares).

>Do you think this will help?

I don't know. Put yourself in the role of a reporter and read what you have. Ask yourself if an objective news reporter would find your evidence compelling enough to try to get it published. Furthermore, ask yourself if the reporter could gather enough facts to show that the reporter's belief in your story is not reckless indifference to the truth, which is what is necessary to protect the reporter's news organization from a defamation action, concerning a public figure, such as a judge. However, if your facts are about a private person, such as your wife, then the news story MUST be true, or the news organization could get sued, so your evidence must be extremely credible if your to get the media interested.

As your wife has passed the drug test, that would seem a point against you right at the start.