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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 26811
Experience:  Began practicing Family Law in 1992
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Was not given my rights and still arent

Customer Question

The father of my son and I want to make changes to our current custody arrangement but we don't agree on the terms. We went to court and the judge sent us to mediation. In mediation the father was very contentious attacking me verbally and the mediator pointed that out to him. She then wrote up her report and didn't mention his behavior. But she did make recommendations that were pretty in line with what I wanted. We then went to the court hearing and the judge wouldn't let either one of us speak at all. So she didn't even hear our arguments. She then set a date for a hearing in 6 months called an evidentiary hearing. The father notified me and said that the judge ruled and made a new court order and he sent me the paperwork and it wasn't anything that either of us had asked for and it is worst for me now that ever. It seems like she was biased towards the father. I don't feel that she should have ruled before the evidentiary hearing without our giving our arguments. I feel that my rights were violated by the judge. My 4 year old son is being forced to go to daycare all week during the summer from 8 to 2:30 and I want him to have vacation from that over the summer at least on my days with him on Thursday and Friday. She's not letting me have time with my son that I specifically asked for . We have joint custody. How can she force me to put my son in daycare during the summer when I'm home and want to have him to spend time with him. It's hard enough having to spit my time with the father, but now I can't have him with me.. I want to complain to the judicial committie or file a complaint against her and ask her to recuse herself. This is awfull..
Submitted: 3 years ago.
Category: Family Law
Expert:  JD 1992 replied 3 years ago.
First, there was never any evidence taken at all?

Second, is there a specific question I can help you with?
Customer: replied 3 years ago.

Did you reply to this? I didn't see a reply, but got a text saying that you had replied?

Expert:  JD 1992 replied 3 years ago.
I had a couple of questions that I posted. They were:

First, there was never any evidence taken at all?

Second, is there a specific question I can help you with?
Customer: replied 3 years ago.

What kind of evidence?

There is a child custody file for over the last two years.

And then there was the mediator's report.

Expert:  JD 1992 replied 3 years ago.
The mediator's report isn't evidence and typically is very, very sparse, just basically saying the case didn't settle.

What do you mean a "child custody file"?
Customer: replied 3 years ago.
We've been going through court for a couple years now.
Expert:  JD 1992 replied 3 years ago.
You can file a complaint with the judicial ethics committee but it probably isn't a good idea as long as she is the judge on your case. Just ruling in a way you don't like is not a sufficient reason to have her removed from the case.

However, if there was no evidence taken on this issue then the order is probably reversible since there wouldn't be any evidence to support that the order is in the best interest of the child, but you would have to file an appeal and that is a little difficult to do on a temporary order.

Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Customer: replied 3 years ago.
Why do you think it is a "temporary" order?
Expert:  JD 1992 replied 3 years ago.
Because you said it was set six months away for an evidentiary hearing.

Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Customer: replied 3 years ago.

Oh so you think that this order is a temporary order instead of just leaving the one in place that we both agreed to at one time. You think the judge changed it and made a temporary order until September.

Weird.. We had a schedule set up that was according to what was best for us and she goes and changes it. And you tell me I can appeal it or contact the ethics board. The appeal could take forever and the judicial committe might piss her off and so she'll take it out on my son. Wow, what a corrupt world we live in.

Expert:  JD 1992 replied 3 years ago.
It does sound like a temporary order.

The legal systems isn't perfect and in many cases isn't even fair. I wish I had something better to tell you but I'm just trying to shoot straight.

Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Customer: replied 3 years ago.
Thank you. But there is a very big difference between not perfect and corrupt..
Expert:  JD 1992 replied 3 years ago.
I don't disagree with you.

Please don't forget to hit the ACCEPT button so I get credit for my work. Also, if you think of any other questions in the next couple of days you can come back to this thread.

Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Customer: replied 3 years ago.
If the appeal looks doable I will click then. I just spent $3200 on an attorney who gave me information to get me to become his client and none of it held up in court. Then I spent 3350 for an attorney to do something and he showed up at the court hearing like he just rolled out of bed and made no objections and didn't say a word. I'll take your advice and try and appeal, if it was good advice then I will accept the answer. How's that?
Expert:  JD 1992 replied 3 years ago.
Please understand we don't give advice here. We provide legal information based on a set of facts that you give us. The question answer will only remain open a few days and whether or not you choose to accept is up to you, we work on the honor system.

Customer: replied 3 years ago.

If thats true that the legal system isn't perfect and isn't fair then what's the sense. Maybe if I appeal it I might get lucky with someone who is fair and just.. as in "justice".. That's absurd! Hire an attorney who may do what he says he will do or at least try for what a judge who will not follow the laws or judicial proceedings as they are suppose to be. Then have to fight that too! It's unbelievable. I'm sorry but let me try the appeal and see if your advice was worth the $28. If it is then maybe a bonus will follow..

 

My mistake.. It's foolish to ask for answers that end up meaning nothing in a court of law anyways because they are not perfect and are even unfair.. I want fairness. I want to know that if I'm told I can file an appeal that it means something. I want to know that if I contact an ethic board with a complaint especially over something as personal as my son and about not being giving my rights of due process that I will be heard and dealt with fairly and that the judge will NOT become biased as a result. I want to know that there is some course of action I can take when my rights have been violated in a court of law and I will be heard and I will received fairness. I can go do alot of things, but if it's to no avail, what good is that? I'm going to look at appealing it. Hopefully my son won't lose his mother completely for sticking up for her rights to be a mother and parent to her son and spend time with him. But if they want to get me where it will hurt that's all they have to do.

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