Thousands of verified Experts are ready to answer your specific questions 24/7.
Satisfaction is guaranteed and you pay your Expert only if you are satisfied.
Just type your detailed question and click "Get an Answer."
In minutes you'll get a response from an Expert. You can always ask follow-up questions.
Happy with your answer? Just click "Accept" to pay your Expert.
I am a soldier who was deployed and kids were take from their mother and given to the grandmother. I was involved in the kids lives. The grandmother waited I deployed to Iraq get custody.The that granted custody worked for me previously as a lawyer and wont recuse herself. I came home during the middle of my tour and asked for custody. The judge stated it was only temporary and I would have to handle it when I returned home. After I returned to Iraq court was held again, the judge ordered mental health counseling and didnt notify my lawyer of the hearing and granted the grandmother full custody. What do I need to do in order to get this matter heard in a fair trial? I have no criminal history anyway and have full custody of my oldest son. The grandmother is a 60 year old caucasion and I am a 26 yr old black male in the south?
Already Tried: I have tried waiting on my lawyer to resovle this matter but he is facing more than he can handle with the judges knowing each other.
Good afternoon:
I am so sorry to hear about your troubles. What you need to do because the situation sounds extremely complicated with so many people knowing each other is to contact an attorney in your area who has no connections to those already involved.
Sometimes I would suggest an individual is able to handle custody issues without legal counsel but because of the complexity here I would strongly urge you to obtain said legal counsel. Once you have an attorney who does not have any connections they will be able to sort through the numerous hearing that have already occurred as well as help you initiate an action for custody of your children.
Let me know if you would like further assistance and I wish you the best of luck.
I wish I were able to give you a black and white answer however because of the apparent issue with the judge if the judge refuses to recuse herself outside of hiring an attorney to pursue the matter your hands are tied. Essentially your options are to make a motion for custody which you can off course do on your own but because of the complexity it may be a fruitless attempt. So as much as i want to be more specific I really feel the best option is for you to hire a new attorney who can walk you through the process. Thanks
Well basically as far as you being on active duty if you were not properly represented it would be grounds for a remand. With regard to the conflict that also is an issue for appeal which can present a very good avenue to pursue in having the case opened. The discrimination issue is one that I personally would not pursue based on the fact that without something showing blatant disregard which is not illustrated through any other actions of the individuals you will have a hard time prevailing. You may have a case and it would be necessary to sit down and discuss at length the specifics but I would advise to focus on obtaining custody through the aforementioned avenues as opposed to pursuing this and clouding up the main goal of custody
Attorney
Collections, Matrimonial, Criminal, Real Estate, Personal Injury, Contracts, Estates