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Court without other party

Started by dipper, Jul 28, 2015, 06:47:42 AM

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We thought since the mother of child is in the hospital, we did not have to appear in court today.  However, the attorney said this morning that we do need to be there as the judge is the one who called everyone back in.  It is uncertain if the judge will give a continuance, hear the case, or made an order today.   


What time is court?  Keep us posted.  Do you think the extended hospital stay is legit or played up to get a continuance?
The wonderful thing about tiggers is I'm the only one!


We were told the note said she would be in for "some time".  However, in court her attorney just guessed that she would be in for a couple more days since she is normally in for around 10 days.  The mother has repeatedly told me it has nothing to do with her CF and is only the pancreas.  Her attorney said it is both according to the doctor.  The case has been pushed all the way to September 22nd!!!   There will be another attempt for an agreement conference.

Now...here is my really big problem.  I hate my attorney...I think he is whimpy and does not express himself well in court.  He never answered the judge directly today.  We have been before the judge twice and her lawyer says very little...and our attorney stumbles over his feet to be "fair" to the other side.  He threw us under the bus saying we had made changes...that was ONLY last week once she refused to go along with what was decided in April.  I know lawyer's run in the same circles, but honestly it's like when we go into court he is her attorney's big brother and looking out for her as well.   

My problem is coming up with money for another retainer and how this will look to the court.  I refuse - absolutely refuse to give an inch on what has already been decided.  The judge knows about her health issues and says that on 9/22 if she has not signed an agreement the case goes to trial no matter what is going on with her.  He said maybe that would push her into coming to agreement.   The judge knows nothing about her mental issues - which are extensive as well.

I did not speak up in court as I felt so disgusted and I did not know if it would be allowed.   I figured we were going to be continued anyway - but our attorney could have been more firm.

If we find a way to come up with another retainer - how would we go about firing this attorney?  There is an agreement conference set for 8/18. 


And does anyone know if attorney's can pull DMV records?  When my husband went to court over custody years ago, the other attorney had his DMV record.   However, our attorney says he cannot do that. 

He also says that even if we ask for her boyfriend's address and the name and address of her mother's boyfriend, they are not obligated to give us any information.  What the heck?  These two people are around the child...one is living with them though they deny it repeatedly and the other cannot even see his own child alone because of his drinking.