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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 111480
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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Divorced now but respondent filed appeal to divorce decree

Customer Question

Divorced now but respondent filed appeal to divorce decree in 2015. Signed a sept 2015 stipulation that didn't have ramifications for noncompliance. I Filed contempt and we showed up in court February 16, 2016 and this is what my lawyer told me. He and the other lawyer talked with the judge behind closed doors. My lawyer comes back and says judge will not hear the case because it is currently in appeals and concerned the judge may vacate previous stipulation where the respondent is currently not seeing the children and the counselor has resigned. We verbally agreed to supervised visits with respondent's brother who responded claimed also works for CPS. These visits to occur every Sunday from 1pm to 5pm. I tried to communicate with respondent's brother and he will not communicate with me. Wouldn't answer my question if he works for CPS. My lawyer emailed me a stipulation proposal from respondent and shows drop off and pick up to be unsupervised. I'm not ok with this arrangement anymore and suggested agency to partake in supervised visits. My lawyer says I might get dinged for not cooperating with verbal agreemet but the other side is backtracking on supervision part and I am uncomfortable with what this proposal says. And why this written agreement proposal when the judge ruled to vacate bc in appeals?
Submitted: 9 months ago.
Category: Estate Law
Customer: replied 9 months ago.
Please review attachments
Customer: replied 9 months ago.
What I would like to do is not have to be lawyered up anymore and have everything finalized and move on without being in court and disputing with respondent all the time. I would like to mediate a proposal myself. Is this something you can help me with? I could provide you with the divorce decree, the sept 2015 stipulation and whatever else you need.
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If there is good cause for supervision and there was a previous agreement about supervision, your attorney is merely warning you of the worst case scenario. If there was good reason for supervision when you initially agreed to it and there is still such a reason, you are entitled to insist to your attorney to get the supervision back into the agreement.
As far as negotiating yourself, from our experience and seeing what has happened to many of our customers, you are making a mistake because these issues are way too emotionally charged (even attorneys do not represent themselves in this type of case) to make objective decisions based on what is best for the child. We can answer questions you have, but we cannot draft any documents for you nor do any case research for you, so our help is constrained by the laws that restrict what we can do through this service.
Customer: replied 9 months ago.
I see what you are saying. I have another question. Since the incident in May 2015. There was a CPS report completed In November 2015 substantiating neglect and more info on what happened that night, I was wondering if I could take the info myself to see a victim's advocate for my children to see if the county will prosecute. Is it too late?
Expert:  Law Educator, Esq. replied 9 months ago.

If you have evidence of NEW incidents then you can bring them to the victim's advocate or if you have new evidence you just learned about the old incident, yes, you can bring it to them and see if they will get the county prosecutor to consider prosecution. It is not too late, but it is discretionary to the advocate and the DA as well as to what they do with it.

Customer: replied 9 months ago.
I just spoke with the victim advocate division and was told to contact the police officer and speak with him.
Expert:  Law Educator, Esq. replied 9 months ago.

Thank you for your reply.

That is up to the advocate to do, so let the police know the additional information as it is up to them to decide if it is relevant. It is still not too late for them to include relevant information, but it is up to their discretion.

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