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Roger
Roger, Lawyer
Category: Criminal Law
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4 months into a RI divorce proceeding, kids 7yo,8yo.

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4 months into a RI divorce proceeding, kids 7yo,8yo. Husb. is an Orthopaedic Surgeon, owes IRS 398k, state 90k, landlord 140k, IRS liens on my solely owned million home. 1 month Unpaid child support. Yesterday in court, he was ordered to pay taxes for 2007 (200k) or loose MD license and forced into recievership. I am on (court ordered) vacation with kids at my parents home in FL. My atty emailed me she was withdrawling b/c I put home on market (my only asset). Can I sell my home and not returned to RI? Can FL protect me?
Will I be arrested for kidnapping? I am fleeing emotional & financial abuse. Court is protecting the Dr. future earnings. My atty will not file temp relocation.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Roger replied 5 years ago.

You can certainly sell your home. Your attorney is probably concerned that tipping off the court that you intend to take the children away from their father may cause a problem with custody determination later on. The court can order you to return to RI. Also, until an order is entered directing you to return with the children, you can't be charged with kidnapping - you can't kidnap your own children unless the court orders that they be returned and you disobey the order (known as a custodial kidnapping).

My suggestion is to get an attorney to file for a temporary custody and relocation order, thereby requesting court permission to be where you are. Further, you should make clear that you agree to appear and attend any necessary proceedings with regard to the divorce.

 

Expert:  Roger replied 5 years ago.
Please let me know if you have any additional questions. If not, please click "Accept" so I may receive credit for my time. Thanks.
Customer: replied 5 years ago.
In the order it states father has visitation starting August 17, and every night after until Sept 2. I watch them during day. Is that an order to return? (I opposed this unusal arrangmt)
Atty said already signed by judge.

I have also given atty 8yo recap father is arrogant alcoholic taking childs inapprop places, and photo of vodak @our beach set up and she wrote no alco & disparging remarks with child in order. Contmept is not enforced.

I have asked my atty for relco relief she agreed wrote up motion for first court date. After she and opposing counsel, judge spoke in chambers... she never filed. Instead we spent 4 hours hiring forensic account. She tells me I cant get instant gratification. Twists words. Reloc is something I can ask for later. I email/spoke asking for relo/custd in different words often.

Formal child support has not been asked/filed. He is writing bounced checks for an amount claimed before filing as household expenses.
My atty states you will get more later.

Husb. made offer, I countered. She did not
share with him. Or opposing counsel didnt share.

My atty is not representing me. Do you think? Who do I report this too? How can I change the venue, for fair treatment?
Can I move this out of RI. Small state.
I had the same judge and opp counsel in 2005. and they intimidated and paid off counsel then too. I have docs and emails to show disloyalites.
I was "Pro se" for a month in 2005 and returned to marriage after humiliation and to gather (10k)funds for atty #2. Now a year later a repeat.

Remember husb is financial disaster, not reliable
to pay bills. And I have not worked in 12 years.
Can work though. No family in RI. Atty think hes hiding the money. And its all about the money not the children.
Expert:  Roger replied 5 years ago.

The divorce will have to be held in RI, because it is the state of residency of both of you. If you want a new judge, you can always ask that a new judge be appointed to hear the case.

If the order requires you to allow him to visit the children starting on the 17th and you've got them in Fl, you'll be cited for contempt and possibly arrested. Also, it is possible for kidnapping charges to be filed if you refuse to return with the children.

My suggestion would be to find a new attorney, have him/her file a motion to substitute the judge for a different one, and then proceed the best you can.

I know divorce litigation is frustrating, but you don't want to rebel against the court system as it will do you more harm than good.

Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 26107
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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Expert:  Roger replied 5 years ago.
Please let me know if you have any additional questions. If not, please click "Accept" so I may receive credit for my time. Thanks.

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