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Pulling hair out over judge and negligence of atty.

Started by overcomer33, Jan 04, 2007, 01:41:14 PM

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overcomer33

I'll give a brief synopsis best i can of the last four yr court battle of my ex and I.
I was divorced over an affair with a fellow office employee. She became addicted to pain pills and went away for nine months in a state rehab/detention. I was ordered every other weekend, the standard protocol despite my attempts to enter a detailed parenting plan. I agreed never to let my wife be a caregiver to my child due to her history.
After the divorce and before my new wife and I got married is when she got into most of her trouble. However, i never missed a parenting day, called three times a week and wrote at least two times a week. My child was never left alone for one minute with my new wife and she never acted out of order or even resembled being high around my child. My wife's atty dropped a bomb on me by mailing me a copy of a Temp Order signed by my atty ordering me to be supervised by my parents and for my wife not to be exposed to our child. I could not believe that a order could be given without me having no knowledge or even consulted about it. I'm sueing my former atty now and will be hearing from the Proff. Conduct Committe's final decision soon.
I adhered to this order for 18months, trying desperately to get a court date but the plaintiff's atty and the judge continued it four times before we was heard.
My wife was released and the day after her release my ex moved my child to another city 101miles away, disconnected her phone and mailed me her new address and phone nu three weeks later. I was heartbroke not to know where my child was and having no phone contact.
My ex then suspended all visitation without a court order to do so. I have not seen my child but a few hours in the past six months. Then only in a park or at pizza hut with her  and her new husband peering over me. My ex does not inform me of medical visits, or anything about my childs life. She hasn't spoken with me at all in three years. I cannot get her to tell me how my child is doing mentally, physically or spiritually. My child is six yrs old this week. Another birthday held from me.
Court was Dec 12 06. The judge said he would give a decision later. No word yet! My atty says the circuit judge has 120 days to give this decision, is this true? Outrageous!!  Can I appeal this decision if i dont get what my atty and I asked for. That is all my parenting time the plaintiff has stolen and unsupervised visitation for me?
 Can i ask for a change of venue? My ex is shooting for six hours a month supervised. My atty is perplexed at this whole case and why it's being so difficult. He says i'll win and that its a easy case. He's the district atty so he knows this judge well. Prior to the court date and with my present atty still on record i filed pro se Request for admissions, interrogatories, production of doucments, she did not reply. I filed a motion to compel. She did not reply. My atty filed a motion for contempt for suspending visitation. She did not reply. I filed for a motion for contempt for her breaking a order that the judge gave upon our last hearing that was continued for the 12 of december 06. He didnt have time to hear our case so he threw me two hours of supervised visitation, she did not  show up. I filed for contempt pro se. She did answer this motion.
Perhaps her atty did not recognize my motions because my atty of record was still on file, i dont know. However she and the court did recognize my pro se contempt charge. I only filed all the motions to save money, i 'm now broke. If i go for more litigation it will all be pro se and I will re file the motions and depose her, i dont care if i make a fool of myself. I will have this woman in court every ninety days until my child is returned to me. I work for the state as a correctional officer, I have no felonies, no offenses, I'm drug tested monthly and licensed to carry a weapon for the state and myself. My wife is also drug tested monthly, and is doing great.
I just want my child returned to me, she is growing up without me and no matter how hard i fight, i just keep getting crapped on by judges and attorneys.  I have put myself in my ex's shoes and yes i see her concern. But not her unsubstantiated fears and thats all they all, unsubstantiated fears. Fear that I will harm my child, fear that my wife will harm my child, fear that my parents will harm my child. I have over 3000 hours unsupervised with my child and not one allegation against me of neglect, threats or anything resembling. All she could say was "he told our child that my husband's sister is not her real aunt because she's not blood related, my child huddled up on her bed and sucked her thumb." Thats it, thats all she could say about me during our 9 hour court battle. My wife , and her history and making her look like a monster was the main topic. But thats all it was history. She had a drug problem but no violence in her history. My judge is a circuit judge in arkansas. My ex and i both reside in arkansas but the court, her and I all live in different counties. I need another judge, change of venue. Appeal if applicable. Thanks