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I was a stay at home mom (working p/t after each birth) of

 
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I was a stay at home mom (working p/t after each birth) of 3 boys until 2 1/2 years ago. I then went to work full time because my husband had been laid off from his plumbing job. I worked f/t including 3 evenings per week and my husband stayed home with our boys; then 3, 8, 11. My house was a complete disaster and he became a "gamer" spending up to 5 consecutive hours on the PC. Our boys did not suffer, however our marriage did and our home did. He filed for divorce in April 2009. He was verbally, emotionally, and twice physically abusive to me. Apparently pulling hair and throwing full beer cans at one's spouse is "mild Physical Abuse". I removed myself from the master bedroom sleeping on the couch. He woke me nightly to yell and belittle me. He regularly undermined my authority with the boys and spoke negatively to me in their presence. My family, friends, coworkers and lawyer thought it would be in my best interest to remove myself from the situation and find a new home. I rented a townhome to escape and also to provide a home for my 67 year old mother that he had filed a restraining order against because she stood up to him and he did not like that. He felt threatened and removed her from the boys lives. After 6 weeks of being in the town home and the boys going back and forth between the 2 homes, I returned to the marital residence and continued sleeping on the couch. For another 10 months, my income went to the rent and utilities housing my mother for the duration of the lease. His lawyers argument was that I vacated the home and they painted a picture in the Judge's mind that I am an alcoholic. I am not. I am an active PTO mom, work f/t, never had a DUI, never harmed or injured anyone, have neighbors, coworkers, friends who are willing to vouch for my character. The only evidence the Judge saw were pictures of alcohol bottles, cans in recycling bins and an unopened bottle of wine on my kitchen counter. Also a book from Alcoholics Anonymous that I had from 4 years ago. I admitted to going to one meeting because we were having problems and I was curious if our drinking was the cause; I wanted to see if our issues were similar to those members of an AA meeting. They were not and I never returned to another meeting; I believed I did not belong there. I admitted to consuming alcohol on a social basis; wine with dinner, girls nights out, etc. He lied and denied any alcohol use. Needless to say, I lost custodial custody of my children. We have Joint Custody but the Judge felt that the children should stay in their home with their father. With that being said, I feel that my lawyer completely dropped the ball and did not represent me properly. Many of the documentation I had throughout the 3 years of this "hell" she did not disclose during the trial. She never mentioned to me to bring character witnesses in, even though I told her I had 3 letters from neighbors/my boss. So much was missed and I feel that I was poorly represented. What can I do???

 

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State/Country relating to question: Illinois

Already Tried:
The Judge's verdict was 1 week ago. I am meeting with a new lawyer today and he will dicuss the process of a Post Trial Motion with me.

Submitted: 300 days and 21 hours ago.
Category: Family Law
Value: $59
Status: CLOSED

Accepted Answer

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Expert:  Kirk Adams replied 300 days and 21 hours ago.


Kirk Adams : Hi - my name is XXXX XXX I'm a family law litigation attorney here to assist you.
Kirk Adams : How long as the divorce been final?
Customer :

1 week

Kirk Adams : Ok. In that case, you can file a motion to reconsider or you can file a motion for a new trial and allege that there are errors that must be corrected.
Kirk Adams : Otherwise, you would have the right to file an appeal of the court's decision within 30 days and seek a new trial upon reversal of the trial court decision.
Kirk Adams : However, if the complaint really isn't with the court but rather with what the attorney did, an appeal or a request for a new trial is likely not the answer.
Kirk Adams : Instead, you can file a complaint with the Illinois State Bar Assn. against the attorney for failing to properly represent you in the case. You can also file a legal malpractice action against the attorney if you can prove that she didn't properly represent you in the action.
Kirk Adams : As for changing custody, you have a right to file a motion to modify custody at any time.
Kirk Adams : Thus, you can file a motion to modify custody, but you will have to be able to prove that there has been some material change in circumstances - a Remarriage, abuse, change in home environment, substance/drug abuse, etc. If that is present, the court can modify custody and award it to you if it finds the change is in the child's best interest.
Kirk Adams : It may be that you have grounds to appeal the decision of the trial court based on what you did present at trial.
Kirk Adams : That would be an issue you and your attorney would have to discuss so you could make a decision about the appeal. If your attorney believes that the trial court improperly made a decision on some issue that could change the outcome of the case, the appeal court could overturn the decision and give you a fresh start at trying to gain custody of the children.
Customer :

Thank you. This was helpful. I am going to meet with an attorney now...

Kirk Adams : No problem. Glad to help.
Kirk Adams : Please let me know if you have any additional questions.
Kirk Adams : Also, please don't forget to positively rate my response so I may receive credit for my time. Thanks.
Kirk Adams : Hi -
Kirk Adams : Please take time to rate my response to you so I may receive credit for my time.

Expert TypeAttorney
Category: Family Law
Pos. Feedback: 97.0 %
Accepts: 4101
Answered: 7/6/2012

Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West

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