need encouragement

[brock.jens]

  Hello,
I am the father of a 22 month old girl. my ex filed a rstraining order against me alledging physical abuse and drug abuse (both are untrue) I have no history of violence or drug use. Anyway, after serving me with the R.O. she called me and told me to come home. She said that she dropped the R.O. so I went back. About three months later she got mad at me and next thing i knew, i was arrested for violating the R.O. Point being, I never contested the restraining order.

I served 19 days in jail. I was told not to contact my ex and that the r.o. had no stipulation for parenting time. It was more than a year since i saw my daughter again. the only reason i am now seeing her is because she was placed in protective custody after my ex was arrested once for being extremly intoxicated and home alone with my daughter causing a scene. a month later she was arrested for arson in the first degree. she tried to kill herself by setting her house on fire. my daughter was with her grandma at the time

i want custody!! of my daughter. my daughter has been placed back with her mom, DHS still retains jurisdiction though, they both reside in an impatient treatment facility. my ex's second time through rehab in the last year for alcohol abuse and third time in the last 4 years. she has significant issues with alcohol and mental illness.

sorry for the novel!! DO I HAVE A CHANCE???
any insight will be greatly appreciated
thank you
 

[socrateaser]

>sorry for the novel!! DO I HAVE A CHANCE???

File a motion for change of custody on grounds of the other parent's mental illness and her inability to act reasonably as the daily caretaker for the child, and as she has demonstrated that she is willing to place the child in danger of being burned alive.

The court will order an eval and make orders.

As for the Restraining Order, that's old news and you're pretty much SOL on that. It's admissible as evidence of your past misconduct where fitness to parent is at issue, however, if you didn't do any of the things alleged in the original RO, and it is admitted against you in a custody battle, you could offer to submit to a polygraph on all of the material allegations, so as to demonstrate that you were not then, nor are now, a danger to the child.

[brock.jens]

there is a petition for custody pending, no order has been made regaurding custody. except fo her being grantede temp. cust. on restraining order, which expired may 05, then of course custody being given to primary caregiver until established permanetly
???
also she filed the petition for custody and did not give me any parenting time in it. nor did she mention my allegded drug or physical abuse anywhere on the petition.
thank you

[socrateaser]

>there is a petition for custody pending, no order has been
>made regaurding custody. except fo her being grantede temp.
>cust. on restraining order, which expired may 05, then of
>course custody being given to primary caregiver until
>established permanetly
>???
>also she filed the petition for custody and did not give me
>any parenting time in it. nor did she mention my allegded drug
>or physical abuse anywhere on the petition.
>thank you

Based on your facts, I think you have grounds for shown irreparable harm to the child if custody isn't temporarily granted to you immediately. Apparently, your attorney doesn't agree, and, as I don't have all the relevant facts, I'm in no position to challenge that opinion.

But, I don't see how a judge could continue custody in a parent who has attempted to commit suicide via self immolation, because of the danger to the child in proximity to the mother.

[brock.jens]

my atty. i recently discovered while talking to atty's to rep. in the dom rel case, is about as green as they come having only passed the the bar in 2005.

I believe that my atty's reasoning behind contesting DHS jurisdiction is to set up a record of my ex's bad acts by isuing supoena's to the police officers who arrested my ex. on the last staus check we had though the DA told my atty that that testimony would not even be relevant. the allegations DHS has made against me are a) father cannot legally protect child, b)father is on supervision for violating RO (i have completed all conditions my PO has asked of me and have been kicked down to bench probation), c) father needs help fromDHS in estab. a relationship w/ child d) father has had no contact w/ child for one year.
I was thinking that it might be best to just admit to these and focus on dom rel
i am sorry for all the ?'s and appreciate any advice
thank you

[brock.jens]

Here is the problem with my atty. she has only passed the bar not even one year ago. I am convinced that she is not competent, and even if she were she has been for the most part unreachable. I leave msgs at her office and when I get a phone call back she does'nt pay any attn. we have a trial coming up in less than two weeks. she has said that she has a investigator working on my case (interviewing witnesses and such) only he hasnt called any of them.
are there procedures to firing a court appointed atty. or am i stuck with her??
thank you

[socrateaser]

>my atty. i recently discovered while talking to atty's to
>rep. in the dom rel case, is about as green as they come
>having only passed the the bar in 2005.
>
>I believe that my atty's reasoning behind contesting DHS
>jurisdiction is to set up a record of my ex's bad acts by
>isuing supoena's to the police officers who arrested my ex. on
>the last staus check we had though the DA told my atty that
>that testimony would not even be relevant. the allegations DHS
>has made against me are a) father cannot legally protect
>child, b)father is on supervision for violating RO (i have
>completed all conditions my PO has asked of me and have been
>kicked down to bench probation), c) father needs help fromDHS
>in estab. a relationship w/ child d) father has had no contact
>w/ child for one year.
>I was thinking that it might be best to just admit to these
>and focus on dom rel
>i am sorry for all the ?'s and appreciate any advice
>thank you

You're on the edge of discussing your criminal law case in an open forum. Anyone who picks up on this and who you are can offer your testimony here against you in court. Therefore, I will not discuss these issues.

[socrateaser]

>Here is the problem with my atty. she has only passed the bar
>not even one year ago. I am convinced that she is not
>competent, and even if she were she has been for the most part
>unreachable. I leave msgs at her office and when I get a phone
>call back she does'nt pay any attn. we have a trial coming up
>in less than two weeks. she has said that she has a
>investigator working on my case (interviewing witnesses and
>such) only he hasnt called any of them.
>are there procedures to firing a court appointed atty. or am i
>stuck with her??
>thank you

If you don't believe that you are being provided effective counsel, you must tell the court of the actions that your attorney has taken which have prejudiced you and ask for another lawyer. It's up to the court as to whether to grant your request.