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lost custody???HELP!!??

Started by Stever, Jan 21, 2007, 07:02:39 PM

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Stever

I temp. lost custody of my 15 year old..due to NOT having couirts permission to move to Indiana from Michigan only 62 miles away...

His so called wonderful mother, has it where i CAN"T go to the alternative school he's enrolled in..and they WON"T let him phone me, nor will they answer my calls.

Ive gave info to the judge, reagrds to hiws mom's drinking asnd drug use, along with how his mom and her boyfriend have even kicked him out of the house, and the car as well.

The judge in this case is Patricia Conlin from Kalamazoo Mich..
HOW!!?? can I and do i go about requesting this judge to remove herself from this case??

I have always had custody of him, and the 18 year old we share...

Ive reaised him without her helping, and i've even over the eyars loaded FOOD when their mom said they can't come over cuz she has NO food..Ive even drove them there and picked them UP,,when she has said she has NO gas...

Can anybody HELP me out with these issues i'm with please??

My son is also threantening to run away.and  he is with alot of frustratuion AND anger..

This mom has sat around smoking ehr dope with both our kids there as well. She has even tryed encouraging them to drink alcholol??

This judge informed me i ned to buy a track phone for my son on Christmas then he has a way to contact me...

She finally stated that at Christmas time my son can spend the two weeks with me, that I pick him up, and then his mom picks him up at the end of two weeks.

I picked him up for the week-end...and he informed me his mom lect a note Friday morning stating he CAN"T leave with me until Saturday nite at 6pm. He said he ripped the note up.

Today,, (Sunday) I had to return him to his moms and I had son phone her, asking when she is picking him up... :ater i left a message on her boyfriends phone givign directions and such..I even said I'd meet them at XXXXXX         but they turned the phone off.

My son begged me to NOT take him nack, because he knows the Judge informed his mom that she picks him up ..but i don't know my rights, adn i certainly do NOT!!! trust this lady period!! His mom has lied in soo many ways..

5 days before Thanksgiving he phoned her, aske dher to pelase let himn leave and come back to live with his dad..(me)

eventually her words to him was "okay honey, mom wants to do what makes you happy  so good luck i hope you make it i love you."

On Thanksgiving Day, I was phoned by the State Police informing me i had to return my son back to his moms, because there was criminal kidnappping charges ....!!?>??

So he phoned his mom, asking if he coudl still at least spend the day with me, her comment was " yes because you need to be with family"

WE!!  didn't TRUST her..so instaed he went to his moms house instaed...

Anyways,, whast the procedure to request this Judge to REMOVE herself from the case??

She's ignored the drugs, the abuse..adn everything Ive informed the courts about..  My son also informed the Judge he wants to STAY livign with me..but she said her decision to have temp cistody remain as is..with his mom.. I syated to the court i Strongly disagree with her decision..

Can anybody at least steer me in the direction i need to be..??

Mu son is now wanting to divorce his mom..
he also told her that IF she contimues this, that he will quit school in a few months when he turns 16.. He's informed his mom that all she needs to do is FIRE this attorney of hers.......??

Here at home he also has brothers and sisters who has been afffected by this.

Thank you,,,,,,,,

HelpingHands

By your post, it's hard to tell when you lost custody to the mother. You could have and should have appealed the decision when the ruling came in. I am pretty certain if you appealed the case, it would go before another judge in a higher court.

If this issue is brought before the court again. I would ask the court for a Guardian ad litem to be appointed  for your son.  A GAL can investigate the situation and talk to your son and determine the child's best interests. Clearly if your son is going to go down hill with his mother, and speaks so confidently about being with you and not living with mom, the GAL should take that into consideration. He's old enough to let his wishes be known.

Emancipation is another story. He'd have to show that he is self sufficient, complete with good school grades, a stable job, vehicle, etc.

Stever

I lost custody back in November 2006....

is it still possible to appeal the decision? The last court date was Dec. 27th?? 2006 or somewhere around that time. That was when my son also told this judge he wants to KEEP and continue livign with his dad.

This judge is also aware of the police search and removing drug parafanolia(sp)   Along with like i've mentioned, times they have called him "fat F_____"  and also kicked him out. How after school he has to find someplace to go until his mom and her boyfriend get home from the bar..daily... After three weeks they finally gave him a house key...

The ONLY thing that this judge has HEARD from me is I requested a physological evaluation of his mom..So now I too have to go thru this..

I've been to the Phyciriast twice now. And once with my son..The next meeting is this coming Friday and i'm suppsoe to have this meeting with the shrink( can't spell physciriast??)  along with my children's mom..

And i am NOT looking forward to that at all. I can't keep my mouth shut when it comes to this lady and all of her fabricated stories AND her lies....

Found out the reason why she didn't come pick son up last night..cuz her phoen was suppsoedly broke...

Anyways,, thank you....

HelpingHands

You would need to look on your court order or call the courthouse where it was issued to find out what time limit there is for appealing the order. It's usually on the last page of the order.

Usually 10- 30 days.

Piece of advice. BITE YOUR TONGUE. Do not display anger towards her. As hard as it is to grin and bare it, you've got to show them that you are the better and more stable parent.

If it comes to her lying, discuss the issues but remain calm. Remember your son is depending on you.


mistoffolees

In addition, focus on facts that you can prove.

For example:

"the police are aware of her drug use" is nowhere near as convincing as "here are copies of the police reports regarding her drug use".

Much of what was given in the first post is hearsay and therefore inadmissible. He needs to focus on finding facts that are admissible and which prove his point.

Stever

I requested he document, and so far she has located his hiding spots..

What do you know about running away?? He has commented several times he's going to.. He's also saying that IF this judge continues making him stay at his moms, he's going to quit school in 3 months when he turns 16 then move here..

mistoffolees

I don't know about running away, but a 15 year old is likely to get a good bit of say in where he wants to live.

You should probably contact an attorney. Given your allegations that the judge is not giving you a fair shake, I would not handle it alone. Three possible explanations are that you haven't met the required burden of proof with admissible evidence or the judge is biased or you haven't followed the procedures. A good attorney can help with all three of them.

Stever

This judge IS biased!!!   She seen how i had cusrody over the last 11 years.  Her and the attorney are good friends.....???

Mu son informed the judge he wants to continue livign with his 'family.' Meaning his dad and brothers and sisters.  

The judge stated she's going to keep her temp. order in stay based in hiow my son said he liked the school he is attending.  I tyhen informed her it's an alternative school and they have niothing to offer him where he can get back where he needs to be......(he's missing 3 credits)

Along with how everything with this case over the years has been clean and food.. So i then informed judge how (mom) was arrested a few years ago for NOT paying child suppirt adn hwo she has never had the court ordered insuranse on neither of the children.....

This along with other reasons is why I'm looking to learn HOW to have this judge removed from this case...


My son just phoned me.....told me he unplugged his moms fridge last night..........???????? along with breaking some dishes and refused to clean the mess.  He's bedoming more frustarted and angered....

Stever

What forms do I need to disagree with the judges decison?  Are there forms needed to have judge removed? If so what forms will I need?

Can I also file a motion having his mom in contempt? I said something about sons mom trying to liek alienate me as a parent based on these following facts,,

I can't go to his school....

His mom and her boyfriend won't answer my calls when I call for son, and they won't allow him use of the cell phone..


This past Friday I went and picked son up for week=end, and I was informed sons mom left a note Friday moring  telling son he can't go with me until Saturday after 6pm.. (he tore the note up)

Then on Sunday she was suppose to pick son up, and never showed... so I drove him home.. Her reason why sje didn't pick him up was because the phone was broke?? Yet earlier in the day son phoned her asking what time she was pickign him up...

 Looking for assistance with forms I need???

thank you

mistoffolees

You need to step back and think about this dispassionately. Start by re-reading the advice you've already been given.

If you go on about how biased the judge is, you're going to lose - as long as you're in front of that judge. And so far, you haven't said anything that leads me to believe that there's enough bias to change the decision. It's extremely unlikely that you will be able to have the judge removed.

As has been explained before, if you file for an appeal, you'll get a different judge. However, you may have missed the timeframe for that - check your orders.

Finally, if you want to get anywhere with the system, you need to come across as being calm, rational, and so on. Your posts here don't come across that way. As long as your approach to the court is "you're biased and I don't believe that anything you do is fair", you're not going to win. Barring an appeal (which you should carefully review with an attorney first to make sure you really have grounds for appeal), you're going to have to work with this judge.

The only other alternative is filing with the Bar association in your state or there's probably an ethics commission for the courts. But without ironclad evidence that the judge is too biased to rule fairly, you're going to lose. As you presented the case, you wanted to move and the court ruled that it was in the child's best interest to stay where he was. Whether you like it or not, that's well within their discretion.

Now, calm down, take a deep breath, gather up what FACTS (not opinions) you have and see an attorney.