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Ask Dwayne B. Your Own Question

Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 27191
Experience:  Began practicing law in 1992
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I was involved in a case where my childs guardian

Customer Question

I was involved in a case where my child's guardian ad lietem recommended to the court that my son be placed in the custody of his mom, the known abuser, as opposed to myself, a "suspected" abuser. I could have stated my case and made my son's needs happen with pertinent facts but my attorney told me "keep your mouth shut or they won't let you see your kid". I was just awarded full custody of my, now, two children today after 17 more years, and I feel the need to file a suit against one or both of these attorneys. Do I have a statute of limitations preventing me from taking action. I spent almost 3 years satisfying the courts requirement to satisfy this judgement, all while my son was subject to his mom's abuse. Do I have grounds for a suit?
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

JD 1992 :

Hello, and thank you for contacting Just Answer. I am an expert here and and I look forward to assisting you today.

JD 1992 :

The statute of limitations on your case would be six years from the date the malpractice occurred.

JD 1992 :

Maine is a little different than most states in that the statute specifically states that the statute of limitations is dated from the time the malpractice occurred, not when it is discovered.

JD 1992 :

Your facts are a little confusing as to when the malpractice occurred but if the actions that you are complaining of occurred over six years ago it would be barred.

JD 1992 :

The website is showing you are offline so I will exit so I can assist other customers. Please feel free to ask any follow up questions that you have in this thread. However, please don't issue a rating until our interaction is complete and all of your questions have been answered.

Customer :

charges to my account have already been incurred. undo this transaction now . The website showing that I'm offline is wrong. Our interaction is complete until you do so. I will close my account before you get any money from me. I will be happy to pay you when you honor your statement that I will not be charged unless I am satisfied with my answer.

JD 1992 :

I'm not sure what you are referring to. Are you saying you are unsatisfied with my answer?

Customer :

I am referring to the statement on this site that says " you will not be charged unless you are satisfied with your service" And, yes I am unsatisfied. I don't believe I left out anything pertinent.

JD 1992 :

As far as the billing, I have nothing to do with that and will notify the moderator. What I understand happens is that they put a "hold" on the funds you commit to but no withdrawal actually occurs but the website personnel will speak to you about that.

JD 1992 :

Can you explain why you are unsatisfied with the answer, since that is all I have control over? It is absolutely correct and I provided you the statutes which set forth the information that is a direct answer to your question.

Customer :

Any additional info could be that the misrepresentation could not really be considered true until I had been granted my childrens' custody

Customer :

this was a crime against my son. A child. not a sex crime but one that was committed resulting in his detriment.

JD 1992 :

By misrepresentation do you mean their failure to represent you properly or do you mean misrepresentation as in a lie?

Customer :

His purpose was to protect my son, yet he recommended to the court that my son be placed in the protective physical custody of the perpetrator in this case instead of my custody. I was considered a possible risk of abuse but was not allowed to speak on my own behalf or on that of my son. He is responsible for almost 3 years of my son's mistreatment. I believe this constitutes misrepresentation, at best.

Customer :

one thing more, if I could become satisfied enough with this service (which I am leaning toward), could you please do what you can to not charge my bank until June 4, 2013? Thank you!

JD 1992 :

This is a little different than what you first asked because the issue needs to be looked at differently.

JD 1992 :

Let me try and explain. As I said earlier, if it was over 6 years ago you wouldn't have a case. The Maine statute specifically states the statute of limitations against a lawyer starts running on the date of the action or omission, not when its effects are felt or when the mistake is discovered.

JD 1992 :

However, your son may have his own case against the ad litem and that statute of limitations wouldn't start until your son reached the age of 18.

JD 1992 :

He wouldn't have a cause of action against your lawyer, but the ad litem was acting as his lawyer (in a way) and therefore he gets a tolling period until he turns 18 although someone else could bring the lawsuit on his behalf before then.

JD 1992 :

As to the issue with the funds I don't have anything to do with that. I can certainly ask a moderator to contact you about it, which I will do.

Customer :

Thank you! I want you to get paid your due earnings, but I couldn't do that quite yet.

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