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I have three sons, two by my soon to be ex-husband. My ex has moved to Rhode Island with our two sons and I have only been able to see them one time. He only lets me talk to them once every couple of months or sometimes longer than that. My attorney has filed motions and gets no response. His lawyer (who is a friend of the judge) files motions and they get answered almost immediately. We have been to court several times to try to get visitation until we can get the custody settled. The judge allowed my ex temporary custody and this has been a year ago. My exs lawyer has asked for the trial to be put off until he can talk to me. He claims that he has not had time to talk to me in the last year and the trial was put off indefinetly. In the mean time, my ex has given power of attorney to his brother (my lawyer says that is not legal since he has only temp custody). My sons ask to see me and to see their grandmothers and granddads all of the time. The youngest begs to come home. What can we do to get the ball rolling? We want this taken care of and I want to at least have visits with my children. On the one visit that I had with them my exs step dad and his half brother stayed the whole time and followed us everywhere we went. If we went out they came out, back inside they came back inside etc. My lawyer is trying everything that she can, but no results. It is like I am being ignored. They claim to have evidence against me, but they will not send copies to my lawyer and I don't even know what they are claiming to have against me. Help
State/Country relating to Question: Alabama Already Tried: Alabama/USA We have asked for court dates to set up visitation until the case is settled, but so far we were only allowed one week-end of visitation and that was in four blocks. My lawyer asked for more visitation and the judge said we had to wait as we were to be back in court in two weeks, but my exs lawyer got that put off indefinitely so he could have me deposed. This has been going on for a year so far. In the mean time I only know that my boys are in Rhode Island (at least my ex says they are) I don't know an exact address, a phone number to call them and they only get to call me if they beg. I have only been able to talk to them a few times. We have filed motions that just seem to sit on the judge's desk. I don't see how he took them out of state and also my exs brother and wife take them out of the country without my permission or knowledge. My ex says he is going to give my sons to his brother, but I have no proof. My boys tell me that they are visiting with their dad when they do get to call me. They say they live with their Uncle.
I am sorry that you are going through something like that. I do have a couple of questions. 1. You said the ex granted Power of Attorney to his brother. Does that mean that his brother is acting as a de facto guardian of your children? 2. What kind of evidence do they claim to possess? that you are an unfit parent? 3. What state are you currently in? In what state are you currently filing your motions? Sincerely, Dimitry Alexander Kaplun, Esq.
I am in Alabama and the case is in St.Clair county Ala.. They claim they have evidence that I am an unfit mother because I went into the hospital after we seperated and had to stay in the mental ward to get on medication and to have sessions with a Doctor. My ex made me leave with threats and abuse. I do have a domestic violence case against but it keeps getting postponed also. His lawyer just happens to be the attorney for the city where the domestic violence took place. So the attorney said he couldn't represent either one of us in this case and I was appointed another attorney, but the city attorney still talked to my attorney and had the case postponed.
They have not let me see what they claim to have against me and after a year the judge finally made them turn a copy over to my lawyer and she says it is just a few papers from the hospital and she is trying to keep it from even being admitted.
My ex signed the power of attorney over to his brother and then his brother takes them out of the country and they live with him. But my exs step dad has a lot of money and he gets very involved in the case, one night my ex told me that his dad was really controlling everything and that he is going to give my boys to his brother. Also, I found a couple of letters in the email on an account that my ex uses about all of the power of attorney and one letter to my exs lawyer telling him a lot of things and most of what he said was a lie. I had access to the account since my ex had given me his password, but my lawyer doesn't think we will be able to use the letters.
Yikes. I am truly sorry to hear this. Other than forcing emergency motions, or bodily coming up and taking your kids away (and then trying to avoid a kidnapping charge), your only recourse is working with your attorney. Unless you have proof that your ex is abusing the children, the "temporary" order stays, and although your attorney is correct that a power of attorney is not legal because you did not sign off on it as the co-custodial parent, it will be very hard to prove that. I also tend to agree with your attorney about admissibility of those letters--you have the double difficulty of first trying to get them in as non-hearsay, and then avoiding any issues of how you have access to his private account. The only thing I can suggest is an emergency order claiming abuse, but if there is none to be found, you may be in an even more untenable position. Also, if your children are older (14, 15), they may petition the court through you, but as themselves, and ask to live with you--courts tend to listen to the children that do, but the final decision is still with the judge. Sincerely, Dimitry Alexander Kaplun, Esq.
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