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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 90235
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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For PaulMJD: (or other family law expert if PaulMJD is not

Resolved Question:

For PaulMJD: (or other family law expert if PaulMJD is not online before Monday.) Paul MJD has responded to this issue in the recent past.

This case is getting weirder. Two parties are seeking full custody of my son's former girlfriend's kids. The "emergency petition for temporary custody" brought by the relatives of her toddlers was heard 4 days ago in DM court. With the help of church ladies she has a par-time job, a HUD apartment, and a free babysitter which is my son, on the days she works.

Her attorney is getting no more money from the church ladies, but they were there to support her during a grueling 9 hour hearing. My son was subpoenaed to appear, and he was kind to her during that hearing, and I also had probably helped her win by suggesting that she admit, apologize, and take responsibility for her actions. Guess what--she won. Without a lawyer. She received a ruling for sole temporary custody of the toddlers.

We believe the DM court became totally sympathetic to her (and thereby is prejudiced for the next case which is my son's) coming up in approximately 4 weeks.

The DV court ruled in February that they each take custody for alternating weeks. Due to recent bad weather, they have been ignoring the restraining order during the baby exchange days. Today she had errands to run, and while my son was babysitting the wild-monkey-toddlers were climbing the walls, and opening doors, and he luckily or not found her stash of empty 99 proof one-shot bottles of vodka in the closet. I wish he hadn't told her about it, because she is now armed with that information plus the fact that he is breaking the restraining order. Not to mention that she just won the other DM case.

He has almost convinced himself that he's losing this case, that he will be stuck here and not able to return to work (he's already lost three out of state job offers). His window of opportunity for the type of work he ordinarily does is closing soon. He's beginning to think he ought to give up and take her back in order to assure himself of custody. My advice to him is to stay the course. Her own mother told me that "it's just a matter of time" before she breaks down and blows her own case.

My questions:

- re the DV court hearing in In three days. She has agreed to give him permission to take our grandson out of state to a family reunion in May. He wants to present this to the DV court while she is still in good humor. Since neither of them has an attorney, he needs a form to request permission to go out of state to attend our family reunion in two months.

- re the DM case coming up two weeks later, he wants to ask the court to change judges due to the obvious prejudice of the magistrate in the recent decision. There really aren't any other judges in our town that would be a better choice (believe me). Therefore, I've considered that it would be better to get a continuance, but doesn't know how to word it.
Submitted: 2 years ago.
Category: Family Law
Expert:  Fran-mod replied 2 years ago.
Hi, I’m a moderator for this topic and I wonder whether you’re still waiting for an answer. If you are, please let me know and I will do my best to find an Expert to assist you right away. If not, feel free to let me know and I will cancel this question for you. Thank you!
Expert:  Law Educator, Esq. replied 2 years ago.
Sorry for the delay.

If he has the evidence of the drinking he still needs to stay the course. As far has her claiming he violated the restraining order, if she is making contact with him and he has proof and if she is bringing the children to him, this is evidence that the restraining order is not required because she is not in fear of him and she trusts him with the children.

He needs to continue pursuing the course. Courts prefer keeping custody with a parent rather than non-parents, so they do seem to go out of the way to make such an arrangement and sometimes it seems unfair, but the courts and law believe it is in the best interests of the children to maintain the parental relationship so they will give her enough rope to hang herself with unless an immediate danger to the children is proven.


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Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 90235
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Law Educator, Esq. and 8 other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
Thanks for encouragement.

She is nervous about him finding the evidence. He took photos of the empty shot bottles, and also found an empty bottle of vicodin that was prescribed locally barely 2 weeks ago. I don't know if his camera shows a date, he used his Iphone. ?

- re the DV court hearing in In three days, he needs a form (language) for her to sign giving permission for him to take the baby (6 months) out of state to attend our family reunion in two months. Perhaps no signature is required?\ but just her agreement in court? She is being very cooperative right now. They will proceed in DV without legal counsel.

She can't afford a lawyer, and there isn't anyone available locally for my son. Of four local awyers who handle custody cases, one is the bully, one is a friend of the church ladies & has talked to her, his lawyer quit, and the fourth we're involved with in with unrelated matters so...we'd rather wait and get someone from out of town later.

- re the DM case coming up two weeks later, he wants to ask the court to change judges due to the obvious prejudice of the magistrate in the recent decision. They both seem to be better off without those guys (the passive lawyer and the bully attorney). I think I've finally convinced him it is better to stay the course. He still has not found a lawyer. And there really aren't any other judges in our town that would be a better choice (believe me).

Would it be better to get a continuance? Can he do that simply by going to the district court clerk? Perhaps they have forms (language) for him to use.
Customer: replied 2 years ago.
Status: We're Waiting For You
Category: Family Law
Value: FREE (normally $25)

Asked by you on Saturday, March 31, 2012 10:46 PM PDT


Thanks for the encouragement.

- re the DV court hearing in In three days. Since neither of them has an attorney, does he need written permission to go out of state to attend our family reunion in two months, or just a request in court?

Should they drop the restraining order? It was against her, not him.

- re the DM case coming up two weeks later, he wants to ask the court to change judges due to the obvious prejudice of the magistrate in the recent decision. There really aren't any other judges in our town that would be a better choice (believe me). Therefore, I've considered that it would be better to get a continuance, but doesn't know how to word it. Still no lawyer available locally.

 

Expert:  Law Educator, Esq. replied 2 years ago.
If they have been having contact without incident, the court is going to consider having the DV order dropped I am afraid, since it shows that there is no danger of violence. However, if the contact was only to drop off the children the court will maintain it.

I am sorry, but just because the judge gave her custody of the children, this is not grounds to disqualify the magistrate, you have to show actual bias on behalf of the judge, not just they ruled in her favor as long as the ruling was in accordance with the law.

As far as lawyers, if there are none in the same city, your son needs to strongly consider going outside of the city to the next nearest large city. There are lawyers available for him to get and this would be the best way for him to not only get an attorney but get a continuance because the attorney would need time to catch up on the case. The court will generally not be willing to give a continuance if it is merely to find a lawyer, but they will give one if you get a new attorney and for them to learn the case.

Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 90235
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Law Educator, Esq. and 8 other Family Law Specialists are ready to help you

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