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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 103975
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Can I appeal my divorce after 3 years I have suppressed the

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Can I appeal my divorce after 3 years? I have suppressed the horrific and hanis sexual crimes and assaults committed against me for the duration of 5 years in my marriage. At the time of my divorce in 2005 I brought up this abuse to my attorney and she stated three things, “I am sorry: and “if you go down this road it will make no money”. Thirdly, she convinced me that his mother would protect me and that many marriage there is fighting. I agreed out of fear of facing him and their bank account and thought that my story did not mean anything after that and did not push it because of extreme humiliation I never told my family or friends. This abuse and my daughters behavior after she returned form a visitation with grandma spontaneous came up in a counseling session in January of 2008 and my counselor was horrified and immediately referred me to a psychotherapist for me and my daughter. My daughter in February had a panic attack in the pool with stroke like systems over the fear of getting in the pool. This was just one of the systems that have been happen and after 3 months of counseling, she began to tell how her grandmother made her fearful and paranoid of water, death, disease, riding a bike, and basic life. I have been served an injustice by this attorney I hired in 2005 and I continue to live in fear of my X because he is showing signs of interest in my child because I am fighting him legally to prevent the grandmother from having access to my kid. I woke up in the middle of the night and thought there must be a process somewhere that protects battered woman when abuse is so traumatizing that the events are repressed. There has to be some way to help me overturn this divorce and protect my daughter. I have filed felony charges against him after I found out that the statue of limitations on these incidents does not expire. I am not sure if they will move forward because I don’t have any evidence except for one item. . I feel unprotected not safe and unheard.

I have had an emergency hearing to prevent access of the grandmother and now it’s gotten so bad that a guardian adlitem has been assigned to my daughter after he retaliated and called Child Protected Services and filed a fraudulent claim that I choked my daughter. He also did an emergency hearing and twice appealed a restraining order that he tried to get against me. (My x in the meantime has little or no contact with my daughter for 8 years) While he had a probation visitation in August he allowed his mother to take my daughter to the ER and strip her down naked and asked her 10 times what the “owie” was on her pelvic bone. Also they were ordered to get a counselor for a session while visiting and they never told the counselor what the order was and the counselor made my daughter sit for 2 hours with the grandparents and the father in the same room and talk about her fears. That night my daughter called me hysterical crying for me to please help her and that she was afraid. They convinced this counselor to file a report with CPS that I allegedly choked my daughter. They have done 3 major events that have hurt them legally and now it’s in the hands of the guardian adlitem who I don’t think she is sympathetic to my daughter’s anxiety and keeps ordering visitations with the father unsupervised after she knows the details of his history of domestic violence and read the reports from our psychotherapist. She just ordered a visit with the grandparents after she knows what they have done to my kid. She claims she wants to monitor then with my daughter. I don’t think any training in the world will see through one hour visit with the ad litem monitor the grandparents when it took me 15 years to figure the grandma out and her psycho grasp she has had on me for this long. She showered us with huge material gifts and her bank account is unlimited….all the while stressing my child out behind the scene and I not even having a clue the damage that was happening to my kid. The night mares, toilet accidents, problems with incontinence, panic attacks, won’t sleep alone at age 8 the list goes on and on……Her obsession with my kid calling almost daily for the past 5 years, getting professional photos taken with her and my kid and not telling me the mother?….how weird is that? And then when I find them she asks all funny and ask me what size I want? The father has never been involved and on rare occasions (proven in court was 20 days times in 3 years)The monetary support was pronominal to a single mom and I accepted it with much appreciation on all occasions and sometimes declined her gifts because they were so large and embarrassing. This really horrible and really stressful to watch this procedure go down and the adults are the only ones appeased in this process and not the child. I need help some how some way to stop these monsters.
Submitted: 7 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 7 years ago.
You cannot appeal the divorce, it is much too late for that. However, if there were any custody orders or visitation orders put in place by the court, you can appeal those based upon your repressed memories and you can seek to prohibit visitation based upon the sexual abuse and the fact that this visitation/contact is certainly not in the best interests of the child, which is the basis on which courts rule on these matters.

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Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 103975
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
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