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Help with Law guardian!

Started by mypal, May 15, 2004, 08:26:19 PM

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mypal

dear soc,


   My thanx for offering the help!  Before I ask questions, i'll give you a bit of history on my situation. On Nov 20 2002, my ex and I have an argument she leaves our home with our son, and dissapears. A week later in family court, her petition is for Order of protection, stating that i have been putting ex and son thru mental torture. I ask for custody stating that she drinks irresponsibly and is unreasonably argumentative. Court gives ex custody of our son, order of protection w/exclusion from home and assigns a law guardian. No visitation for me. At this time I could see that the LG is very chummy with ex and very unhelpful and rude to me. The next few months they let me see my son very little. first thru supervised visitation(where ex had set me up to have me arrested for breaking the order of protection) then limited time visits, then longer and longer till october we made a final order that I will see son, wednesday, friday(which we do an overnight visit), and sunday, along with unplanned other visitation. On and off ex when angry at me stops me from seeing son on my visit days, which is when I file an incident report with the police. This goes on until last week. son was sleeping over  I  had overslept with son. she came to pick him up instead of calling me first. she breaks into my apartment, starts kicking me awake, and raving obscenities in front of my son and talking drogatory about me and then leaves with him. At this time I go to police and make a report of these events. That night I called ACS (assn of childrens services) to make a complaint about her behavior, which she then makes a complaint to acs that my apartment was unsanitary. On monday I go to family court and try to get an Oof P because of her break in but they resceduled for thursday. Tuesday the acs worker came to investigate me, seemingly all went well. Wednesday she wont let me see son on my scheduled day. Thursdaywe attend court. I was asking for custody, O of P, and a heap of violations of court ordered visitations. She is asking for no more visitation for me. My legal aid atty was not there. so judge made a new court date three months from now and said all stays the same for everyone. On friday I went to pick son up with police at usual friday pick up at her job. police cannot enforce but they will escort you if you call 911. Police go in and she tells them that the new LG had my visitation stopped and they are going to ask for supervised visitation none of which has been proven so far. Mind you that from october till that incident last week ex had no complaints about me as far as the courts were concerned. SHE broke in my house harassed, tresspassed and assaulted me. I report it and the LG takes away my visitation?
   It seems like her bashing me in front of my son is ok and it was stupid of me to report or complain about anything that may be bad for my boy.
If i would have taken the beating and shut up id still be seeing son.

  what is your advice?
also     can i ask for a replacement for the LG on the grounds that she is acting biased? and what else can I do that it seems all of the 3 LG's were biased women that were very mean to me and partial to my wife?
    Since the LG changed visitation after the judge made the court date 3 months from now,Can I have an emergency or such court date made to fight for my visitation.....remember even tho the visits were supposedly stopped there is nothing in writing from the judge yet, so wife is still acting in contempt. Can Lg make this call without, about taking away visits without even talking to me?
    Also, my son was suffering some anxiety say his therapist. the anxiety is said to be from seperating from me isnt this all just adding to this?
    what else can you add......please help me .....before this outburst from ex, son and I were getting along so well  


mypal

socrateaser

Please follow the mandatory forum guidelines for posting. Thanks in advance for your cooperation.

mypal

dear soc,


My thanx for offering the help! Before I ask questions, i'll give you a bit of history on my situation. On Nov 20 2002, my ex and I have an argument she leaves our home with our son, and dissapears. A week later in family court, her petition is for Order of protection, stating that i have been putting ex and son thru mental torture.

 I ask for custody stating that she drinks irresponsibly and is unreasonably argumentative. Court gives ex custody of our son, order of protection w/exclusion from home and assigns a law guardian. No visitation for me. At this time I could see that the LG is very chummy with ex and very unhelpful and rude to me.

 The next few months they let me see my son very little. first thru supervised visitation(where ex had set me up to have me arrested for breaking the order of protection) then limited time visits, then longer and longer till october we made a final order that I will see son, wednesday, friday(which we do an overnight visit), and sunday, along with unplanned other visitation.

 On and off ex when angry at me stops me from seeing son on my visit days, which is when I file an incident report with the police. This goes on until last week. son was sleeping over I had overslept with son. she came to pick him up instead of calling me first. she breaks into my apartment, starts kicking me awake, and raving obscenities in front of my son and talking drogatory about me and then leaves with him.

At this time I go to police and make a report of these events. That night I called ACS (assn of childrens services) to make a complaint about her behavior, which she then makes a complaint to acs that my apartment was unsanitary. On monday I go to family court and try to get an Oof P because of her break in but they resceduled for thursday.

Tuesday the acs worker came to investigate me, seemingly all went well. Wednesday she wont let me see son on my scheduled day. Thursday we attend court. I was asking for custody, O of P, and a heap of violations of court ordered visitations. She is asking for no more visitation for me.

My legal aid atty was not there. so judge made a new court date three months from now and said all stays the same for everyone.
On friday I went to pick son up with police at usual friday pick up at her job. police cannot enforce but they will escort you if you call 911. Police go in and she tells them that the new LG had my visitation stopped and they are going to ask for supervised visitation none of which has been proven so far. Mind you that from october till that incident last week ex had no complaints about me as far as the courts were concerned.

SHE broke in my house harassed, tresspassed and assaulted me. I report it and the LG takes away my visitation?
It seems like her bashing me in front of my son is ok and it was stupid of me to report or complain about anything that may be bad for my boy.
If i would have taken the beating and shut up id still be seeing son.

 1)What is your advice?

 2) Can i ask for a replacement for the LG on the grounds that she is acting biased?

 3) What else can I do that it seems all of the 3 LG's were biased women that were very mean to me and partial to my wife?

 4) The LG changed visitation after the judge made the court date 3 months from now, Can I have an emergency or such court date made to fight for my visitation?.....remember even tho the visits were supposedly stopped there is nothing in writing from the judge yet, so wife is still acting in contempt.

 5) Can Lg make this call without, about taking away visits without even talking to me?


 6) My son was suffering some anxiety say his therapist. the anxiety is said to be from seperating from me isnt this all just adding to this?

 7)Can I take this whole family court system and sue them, from the judges to the LGs all who have just stripped me of my rights? my ex?

 8) What else can you add?......please help me .....before this outburst from ex, son and I were getting along so well


mypal

socrateaser

> 1)What is your advice?

Get a real attorney to represent you.

>
> 2) Can i ask for a replacement for the LG on the grounds that
>she is acting biased?

You can ask, however you would be better served by making friends with the LG that you have.

>
> 3) What else can I do that it seems all of the 3 LG's were
>biased women that were very mean to me and partial to my
>wife?

You are asking the same question as in #1, above.

>
> 4) The LG changed visitation after the judge made the court
>date 3 months from now, Can I have an emergency or such court
>date made to fight for my visitation?.....remember even tho
>the visits were supposedly stopped there is nothing in writing
>from the judge yet, so wife is still acting in contempt.

You are interspersing facts and questions, and I WILL NOT ANSWER YOUR QUESTIONS IF YOU DON'T POST ACCORDING TO MY RULES.

>
> 5) Can Lg make this call without, about taking away visits
>without even talking to me?

I don't know, I would have to read the court orders.

>
>
> 6) My son was suffering some anxiety say his therapist. the
>anxiety is said to be from seperating from me isnt this all
>just adding to this?

There ya go again. New facts, out of context. Not gonna answer you until you learn how to post correctly.

>
> 7)Can I take this whole family court system and sue them,
>from the judges to the LGs all who have just stripped me of my
>rights? my ex?

You can try, but I suggest that you read back your own post. You are extremely hostile and you are lashing out at the system. The system will crush you, unless you learn to play by the rules -- you seem to have a problem in this area -- you don't want to play by my rules, either.

>
> 8) What else can you add?......please help me .....before
>this outburst from ex, son and I were getting along so well

This is the third time that you beg for general non-specific help. I don't like people who whine to me about the system or their problems. Stand up and be a man and people will treat you like one.

You should consider taking a polygraph test on every allegation claimed by your ex in her various affidavits. Judges know that almost no one alive can fool a lie detector and a qualified examiner. If you offer a report that you are telling the truth on all the issues, and your ex refuses to allow it into evidence (which she can, because all parties must agree before evidence of a polygraph can be admitted), then the judge will KNOW that you are telling the truth and that she is lying.

After that, things will almost certainly start to turn in your direction.