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Messages - aduarte01

#1
Question. Can I appeal the Judge's decision? It's not so much that I don't want to pay my ex's attorney costs, but nothing was done in court. All the questions that we had coming to court were not answered. The judge ordered that a standard visitation order be signed, but did not specify whether the x needed to provide necessery items for each visit, or if the kids were allowed to be around the ex's brother unsupervised. We were not able to even include the parenting plan with the decision.

Should I appeal? Or should I just wait until the next time we go to court?
#2
Second Families / RE: Lost in court...Long story
Dec 24, 2005, 08:39:41 AM
Thank you Dipper. Your experience will help us too in only getting stronger. I appreciate your words of encouragement. That is why I have come here, to find a support group of people that have been in the same situation that can help.
#3
Second Families / RE: REFUSED!!!
Dec 21, 2005, 04:03:23 PM
Congratulations! Did BM want to know every single detail of where you are going? Or was it more to try to screw your plans?

My kids mom only wants to be nosey about everything we do, that's why she always tries to remind us that we need to tell her where we are going, where we are staying, and so on.

My last attorney didn't even bring up the parenting plan in court. So no parenting plan is recorded with the courts.
#4
Second Families / Lost in court...Long story
Dec 21, 2005, 10:05:24 AM
Hello all. I am new to this site. I would like to tell my story and how I lost in court.

When I divorced, I hired an attorney who all he did was print out a standard divorce decree that later would cause me problems. I paid him $2000, only for him not detailing a list of the things I would need to protect me from my ex-wife. I did not research on what I would need to look for in an attorney. During the time that I was divorced, my x and I had an ok amicable relationship. Until she found out I was getting married. She started talking bad  about my wife and my step kids. She came to my house where we confronted her about her telling negative things to my boys about my wife. My wife, and the x and her sister nearly got into a physical fight due to the x's disrespect of my wife. Every time the x wanted to do some changes to the visitation schedule, I would agree. Back in March 05, the x wanted to change the schedule to the Texas standard visitation. I agreed to it with one exception, that we share transportation duties. She did not want to. So she sued me. I hired an attorney, again not researching on who I should get. The x then reported me to CPS, though she denies it was her that reported me. She reported me twice, the second time asking the doctor for him to report me. In between the original lawsuit and the court date there were other issues that arised, too long to list here. The biggest one is the x's brother had returned ilegally from Mexico, after being deported five years ago for public lewdness and fondling of a child. I asked her that I did not want the children left alone with him, when my oldest son had mentioned the x's brother was babysittiing the children. I confronted my x and she denies he had such criminal activity. My deal is that if she can not admit to her brother doing this, she can not protect the children. I reported this to CPS, only to prevent anything happening to the children.

Court day came, and I trusted my attorney would be prepared. He knew about all the CPS cases, including the brothers. Before I tell you about the court day, I must mention something about myself. I am a quiet, shy person. Often, I do not speak up when I need to. I get nervous, and blank out, not knowing what to say. That is why my x had been able to manipulate me, or tries to continue to do so. My help and strength has been my wife. If it wasn't for her, my x would continue to walk all over me. I have stood up to the x's manipulations, and I have been doing much better. But when it was my turn to take the stand during court, I did not speak up, once again. Although my attorney did catch the x plenty of time in her own lies, and I did shut up her attorney with some of my answers, I did not speak up to attack the x's character during trial. The x was shown to be the suffering, devoted mother who has to deal with lies and attacks from her x husband and his new wife. The judge bought it. I was there for the sake of the children to clear up some issues like the transportation issue, the dropping off of the childrens necesity items like clothes and medicines (which she would not do, but lied that she has always done that), the children not to be left unsupervised with the x's brother, and for each of us to pay our own attorney fees. She only wanted me to pay her attorney fees. The combination of me not speaking up and my attorney's lack of preparedness caused the judge to order me to pay $2000 in attorney costs. Not only do I have to pay close to $5000 for my attorney, I now have to pay hers.

My first mistake of course was not coming here first to research. My second mistake was the hiring of this attorney, who was not even close to defending me aggresively. And the third mistake is my inability to speak up. I dont know if there is anything I can do, but I hope this story helps someone out there that might find themselves in the same situation. This of course has caused us financial hardship, and hardship in my own marriage. My wife has been very suppportive and she is my everything. But we all know that this x will continue with her games and manipulations only because she feels she won. :-(
#5
Visitation Issues / RE: Don't.
Dec 21, 2005, 02:25:21 PM
>This isn't a legal issue.  BM's lawyer is bothering
>him/herself with this either because they're bored, or to suck
>money from bm.  
>
>You pay cs?  You can prove that you pay cs?  Tell bm (and her
>atty) to piss up a rope.  You owe no one anything - you're
>fulfilling your obligation.

What about the flip side? In my case, BM will send the children in small clothes, sometimes no jacket, and does not send more clothes for the weekend, or even their necesary items, such as medicine or the little ones pillow he likes to sleep with. Is BM obligated to send all of these items for the children since I pay CS?