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question about possible court hearing

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fed up with ex

Junior Member
What is the name of your state? I live in Tennessee.
This is the dilemma....I have two daughters, ages 15 and 11. Last year, I lost custody because my ex has taken me to court twice for custody of the girls. He threatened again, and since I owe my attorney money ( I am currently making payments), I had to give up custody.
The oldest has decided that she wants to come and live with me and my husband. My ex is a very controlling person and says very mean things to both of my girls. He has told the oldest that "she was sent from Hell to torture him". (this is just an example.) She has been going to a private school, and he is pulling her out...claiming that he can't afford it any more.
This would be another school change for her. She is very upset over it. When they moved last year, she moved away from friends she's known for the last 7 years. She's tired of his dumb little rules and from being put down for most everything she does.
Thing is...he is claiming that this would be a trial just like all the previous times he's taken me to court. I know that she has to write a letter to the judge telling him why she wants to move. Is it necessary to draw all of this into the courtroom again? I don't have the money to pay my attorney for this same old song and dance again.
Help! :confused:
 


I AM ALWAYS LIABLE

Senior Member
fed up with ex said:
What is the name of your state? I live in Tennessee.


I have two daughters, ages 15 and 11. Last year, I lost custody because my ex has taken me to court twice for custody of the girls.



My response:

Let me know when you want to lay all the cards on the table and be completely truthful and honest.

IAAL
 

I AM ALWAYS LIABLE

Senior Member
fed up with ex said:
Lay all the cards on the table and be truthful and honest about what?


My response:

This statement: "Last year, I lost custody because my ex has taken me to court twice for custody of the girls."

Litigants just don't go into court and say, "I want custody", and then custody is transferred by the court. There must be a "legally cognizable reason" for a change of custody.

What was his? Why did the court change custody?

IAAL
 

fed up with ex

Junior Member
We had shared joint custody of the kids. He met a woman from another town about and hour and a half away from here and he was determined to get custody of the girls after he married her and moved there.. He threatened to take me to court again to get full custody. And seeing as I owned my attorney a great deal of money, I had no choice but to give up custody. All that was done was his attorney had the papers drawn up, and I signed them. My kids really did not want to go and live with their father in the first place, but I couldn't help my financial situation.
 

I AM ALWAYS LIABLE

Senior Member
fed up with ex said:
We had shared joint custody of the kids. He met a woman from another town about and hour and a half away from here and he was determined to get custody of the girls after he married her and moved there.. He threatened to take me to court again to get full custody. And seeing as I owned my attorney a great deal of money, I had no choice but to give up custody. All that was done was his attorney had the papers drawn up, and I signed them. My kids really did not want to go and live with their father in the first place, but I couldn't help my financial situation.


My response:

Thank you for writing to us. Have a pleasant weekend.

IAAL
 

MBMom

Member
IAAL, is that typical? ...Losing custody because you can't afford an attorney? Would your fate probably be the same if you represented yourself and at least TRIED to fight it?
 

I AM ALWAYS LIABLE

Senior Member
MBMom said:
IAAL, is that typical? ...Losing custody because you can't afford an attorney? Would your fate probably be the same if you represented yourself and at least TRIED to fight it?



My response:

That is absolutely false. For this issue, the court is not looking to see who's represented and who's not. In fact, representation has absolutely nothing to do with this issue.

For some reason, probably embarrassment concerning the truth, our writer won't "lay all the cards on the table and be completely truthful and honest"; this, despite the fact that when she's writing here, she's completely anonymous.

There was a "legally cognizable reason" why he took her to court for "full custody". I want the "reason" for the "change in circumstances". It's in the court orders.

IAAL
 
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MBMom

Member
Well, thank the Lord! I was going to say, "What kind of system is that?!" But then I figured the same since the OP won't divulge more details.
 

MBMom

Member
Man, why couldn't you be my attorney?! My first attorney seemed more concerned with being my buddy, holding my hand through everything, and beating around the bush instead of doing his damb job! I love it when you get straight to the point!
 

I AM ALWAYS LIABLE

Senior Member
MBMom said:
Man, why couldn't you be my attorney?! My first attorney seemed more concerned with being my buddy, holding my hand through everything, and beating around the bush instead of doing his damb job! I love it when you get straight to the point!


My response:

Most people can't afford my services. That's why they go to the "Brand X" attorneys. Those are the attorneys who will coddle them.

I have also specifically instructed my partners and my associates that they are NOT the friends of my office's clientele. If I should ever see any of them becoming "chummy" with any of "my" clients, severe actions will result.

IAAL
 
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MBMom

Member
Yeah, well I guess that's where the phrase "You get what you pay for" comes in. My first attorney worked for me for five months and the total cost came to $3400...my new attorney's retainer alone was $7500...but I'm praying he's good.

Does Martindale-Hubbell mean anything to you?
 

I AM ALWAYS LIABLE

Senior Member
MBMom said:
Yeah, well I guess that's where the phrase "You get what you pay for" comes in. My first attorney worked for me for five months and the total cost came to $3400...my new attorney's retainer alone was $7500...but I'm praying he's good.

Does Martindale-Hubbell mean anything to you?


My response:

That's my retainer fee, too. I charge $325.00 per hour against that retainer.

Sure, Martindate-Hubbell means something to me. My law firm is in it, as well as listings for myself and partners.

IAAL
 

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