advice please

[profmum]

Yes I saw the order, and I disagreed with it, asking him to add the stipulations. He signed it on my behalf anyway without adding the stipulations. So I ask to amend the order, and to file a motion to stop visitation. Hopefully the judge will hear both issues at the hearing concerning the positive drug test.


Yikes.. seriously, get rid of this attny.. he "signed on your behalf:.. not good work either, really things will go much for smoothly with an attny who knows how to do his job!

 

[waitinMd]

the last order was derived from a review hearing. We did not go into the chambers or the court, the attys went. My atty came out and said, "the judge said hair follicle tests, no violent bf's, and no leaving the residence"

the order said different. I don't think there is a transcript!

If my atty had filed the motion like he was supposed to file, then there would be no visitation until we have another hearing, and that is where I can get the stipulations put in.

right now she has 4 visitation days a week, granted they are supervised, but she still gets 4 visits.

she is on drugs again, she has the criminal records, she was in contempt several times, and she choose to not show up at half her visits since May.

I asked that her visits get reduced to 3 a week. Her atty and mother agreed, but the judge wouldn't change anything because she was a no show, he kept it the same.

the judge said no more review hearings until the trial, but with her new drug test coming back positive for opiates and oxycotin, we should get another hearing, I hope...

I

 

[LdiJ]

the last order was derived from a review hearing. We did not go into the chambers or the court, the attys went. My atty came out and said, "the judge said hair follicle tests, no violent bf's, and no leaving the residence"

the order said different. I don't think there is a transcript!

If my atty had filed the motion like he was supposed to file, then there would be no visitation until we have another hearing, and that is where I can get the stipulations put in.

right now she has 4 visitation days a week, granted they are supervised, but she still gets 4 visits.

she is on drugs again, she has the criminal records, she was in contempt several times, and she choose to not show up at half her visits since May.

I asked that her visits get reduced to 3 a week. Her atty and mother agreed, but the judge wouldn't change anything because she was a no show, he kept it the same.

the judge said no more review hearings until the trial, but with her new drug test coming back positive for opiates and oxycotin, we should get another hearing, I hope...

I

When is the trial scheduled?

 

[waitinMd]

Feb 08, so close ... but so far away when you don't want you child in a hostile, drug environment.

 

[LdiJ]

Feb 08, so close ... but so far away when you don't want you child in a hostile, drug environment.

That's a LONG way away. You really need emergency orders...and maybe a new attorney.

 

[waitinMd]

I know, I was just typing up my grievances to him.... but right now the list is rude and in layman's terms. I have to spruce it up before I go to his office tomorrow.

He is supposed to be one of the best in our county. Her lawyer is the best, wish I got to her first!

Thank you for all your help.

 

[CJane]

I know, I was just typing up my grievances to him.... but right now the list is rude and in layman's terms. I have to spruce it up before I go to his office tomorrow.

He is supposed to be one of the best in our county. Her lawyer is the best, wish I got to her first!

Thank you for all your help.

May I suggest that you start out saying "Please explain to me the thought process you're employing because I don't understand why things are happening the way that they are."

Then, if he can't explain adequately, or if you feel you're getting the ol' brush off, THEN you can change tactics.

I tried that with the attorney that filed my mod. When she got to "Maybe, if you can't afford the $12000 this is likely to cost you, you need to consider the thought that you ARE unfit." I knew I needed a new attorney.

 

[waitinMd]

I will use your sentence in my letter to him. I am writing/going over because he may not be in when I get there. If he is not there, I can leave the letter and then call every few hours!

My atty seems to give me the impression that they are somewhat casual in our county. The last emergency motion that was filed had me on pins and needles. It was in late Feb 07 when my ex was arrested for criminal charges for forging perscription drugs. It was filed and a week later we had an emergency hearing. I had to wait over a week to have the baby taken away from her. In the meantime, the PI is following her around while she had my child in the car for hours at a time, committing contempt by being with the violent bf who was ordered to stay away.

these last few months she has missed her visitation most of the time; has new criminal charges against her for the end of July; was kicked out and is fighting with her family; and is on drugs again. WTH??? Of course the judge does not know all these things.

I am sick about giving my child to her unsupervised tomorrow.

 

[LdiJ]

I will use your sentence in my letter to him. I am writing/going over because he may not be in when I get there. If he is not there, I can leave the letter and then call every few hours!

My atty seems to give me the impression that they are somewhat casual in our county. The last emergency motion that was filed had me on pins and needles. It was in late Feb 07 when my ex was arrested for criminal charges for forging perscription drugs. It was filed and a week later we had an emergency hearing. I had to wait over a week to have the baby taken away from her. In the meantime, the PI is following her around while she had my child in the car for hours at a time, committing contempt by being with the violent bf who was ordered to stay away.

these last few months she has missed her visitation most of the time; has new criminal charges against her for the end of July; was kicked out and is fighting with her family; and is on drugs again. WTH??? Of course the judge does not know all these things.

I am sick about giving my child to her unsupervised tomorrow.

I think that you need a new attorney...I honestly do. I also think that her failed drug test should be enough leverage for you to refuse unsupervised visitation. In fact, since you know that the "supervisors" won't be available, I think that you could refuse anything other than supervised by you or someone else that you trust.

 

[waitinMd]

Thank you. I was just talking to my Mom and she suggested stopping by the courthouse to see the status of the letter. The pro-se lady there is nice. (That's if my atty is not in his office). She thinks I should tell him to file an emergency motion, or ask him to withdraw.

I'll see what he thinks when he finds out she is not being supervised.

In the meantime, I have already left a message on an attorneys answering machine. It can't hurt to talk to another atty.

I have taken up much of everyone's time. I appreciate all your help. Thanks.

 

[waitinMd]

makes me sick

I went to my atty's office this morning. He still says we don't need the stipulations in the order... I disagree. He had not heard the outcome of the letter he wrote to the judge.

I then went to the courthouse and asked the pro-se lady the status of the letter. She said that the judge approved for an emergency hearing, but did not vacate visitation. I have no idea when the hearing will be.

I had to hand my daughter over. I get her in 4 hrs and 50 minutes. I am so worried. I haven't slept all night.

Now.... I have a question...

I asked my atty to inform her atty that all correspondence be in writing. I typed up my email information for her and on the letter I put that since she was calling me from her grandmothers, admitted to sleeping at their home, and that her mother told the court that she was no longer living at her house, I assumed this would be her new address.

This puts her in another county!!! Can I move to the same county and ask for a change of venue???