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Brandon M.
Brandon M., Family Law Attorney
Category: Family Law
Satisfied Customers: 12235
Experience:  Attorney experienced in all aspects of family law
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Im a desperate & frustrated grandmother, wanting justice for

Resolved Question:

I'm a desperate & frustrated grandmother, wanting justice for my grandson. He is in a terrible situation, which my daughter & my husband have tried to legally remedy. He is living in a hell, with his father, stepmother & their disturbed daughter. The court provided no help for him, even with an ad litem attorney to plead for him. He needs help! The attorney we hired says an appeal will do no good. There has to be a way to get him back with his mother & out of that prison that he is in. HELP!
Submitted: 4 years ago.
Category: Family Law
Expert:  Brandon M. replied 4 years ago.

Hello there:

 

we are obviously not in a position to assume representation of the case, but we can answer any legal questions that you may have. Was there a specific legal question that we could answer for you?

Customer: replied 4 years ago.
How the heck do we get him out of his father's house and back with his mother, where he wants to be! He is totally unhappy and threatening suicide because of his situation in his father's house. Please Help!!
Expert:  Brandon M. replied 4 years ago.

How old is he? Also, why did the court decide as it did? Lastly, how long ago was the court's decision?

Customer: replied 4 years ago.
Adam is 10 years old & the court decided as it did, only by XXXXX XXXXXving with his father for 6 months, which under Texas law, it changed the orginal court order to the current situration. This was totally unknown to my daugher when she allowed Adam to go & live with his father. He wants to go home to his mother & sister. The judge didn't listen to anything that my daughter's attorney or Adam's attorney ad litem had to say. It boiled down to "possession is nine-tenths of the law". He's in a living hell, as well as my daugher--please help!!
Expert:  Brandon M. replied 4 years ago.
Was there actually a trial, or was it just a hearing? A trial would involve the formal presentation and examination of witnesses.
Customer: replied 4 years ago.
There was a trial last week. Witnesses were presented. My husband, who is a Presbyterian minister, was one of them. There was a counselor, who has been handling the adoption of this disturbed girl into Adam's father's family. She was totally biased in her testitmony, never having spoken with my daughter or having her permission to see Adam for therapy. She was only interested in having a "successful adoption" for this disturbed child. The judge seemed to only listen to her side of things, and not to my daughter's attorney of Adam's attorney ad litem. It was totally one sided and not in the best interest of my grandson. As I said, her attorney says an appeal is useless, but I think we could get a change of venue & get a more fair and unbiased decision. Adam wants to come home to his mother. Adam's father was the plaintiff & Allison was the respondent.
Expert:  Brandon M. replied 4 years ago.

Hello again:

 

there has to be a clear abuse of discretion by the trial judge in order for the appellate court to overrule the decision and assign the case for a new judge. You are telling me that the decision defied logic; if that is true, it would certainly be grounds for the ruling to be stayed while the appeal is pending.

 

Your attorney is telling you that an appeal is not viable; I say to get a second opinion.

 

Your ultimate question is what can be done to get this decision out of the judge's hands and into the hands of another judicial official. That is exactly what an appeal is. Find someone who believes in your case. In the worst case scenario, go back in 6 months and ask for a new order based on a change in circumstance (the change being the child's unhappiness).

 

I realize that this may not be what you had wanted to hear, but I do hope that you understand my philosophy that I cannot help people unless I tell them the truth, regardless of whether it is "good" news or "bad" news. Let me know if I may be of further assistance. Thank you.

 

 

Brandon M., Family Law Attorney
Category: Family Law
Satisfied Customers: 12235
Experience: Attorney experienced in all aspects of family law
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