Family attorney...It has been awhile since we spoke. My
Hi Family attorney...It has been awhile since we spoke. My granddaughter's father took her illegally to Texas last summer and refused to bring her back. He has petitioned the court to terminate my guardianship, and I have asked them to have my granddaughter returned to me and have his visitation rights terminated. Tomorrow I have to go in to the Probate Court for a Case Management Conference. Since I do not have an attorney I will be expected to know what this is all about, and to appear as my own attorney. Are you familiar with these proceedings? My granddaughter and her dad will also attend. I think my granddaughter is conflicted by this ordeal. One day she says she wants to stay in Texas and the next she says things like she wish she had not let this thing go this far. I am still pushing for him to be punished for contempt of his court ordered custody limitations. With the time he has kept her illegally I think he is guilty of a felony with penalties of 5-15 years! I dont desire this to happen to him though...I just want my granddaughter back
My parents have alienated my child against me. This has been
My parents have alienated my child against me. This has been a slow and steady process for years, where they have been undermining me as a (single) parent. Now, at the age of 16, she does not want to live with me, and they are suing for guardianship. Currently she is living with them under temporary guardianship. The court recommended, when they established the temp guardianship, that we both go to our own individual counselor and then to a family counselor together. It has been nearly 2 months since that temp order was set, and I have only seen my daughter 1 single time since then, which was in our one and only group therapy session thus far. In that session, she announced that she has decided she does not want to come back home, ever. Other than that, the only communication between us has been that I text her prior to the weekends and ask if we can do something together, to which she replies "no" and I send her a text almost daily to say "I love you" to which she does not respond at all.I did nothing to merit having my child removed from my home. I do not use drugs, do not use alcohol around her, excepting maybe a single glass, about once a year. I have not physically abused her and I have diligently provided for all of her needs for 16 years now. In the guardianship petition, my mother actually wrote "Heather has a history of diminished reasoning skills due to a severe head injury at the age of 15 & we were advised at that time that she wouldn't mature emotionally past that age. Unfortunately she has in fact stayed at that reasoning ability & she can no longer reason with her 16 year old daughter who need [sic] grown up supervision & examples to live by." I did have a TBI, actually at age 16, but I am doing quite well for myself, having had a career as a database developer at a single company for over 10 years now. There is no basis for this claim that my mother made, other than a precaution that a neurosurgeon gave her some 23 years ago.I plan to completely object to the guardianship order. But given that my daughter is so adamant that she doesn't want to live with me, I fear that they are going to get the guardianship anyway. First, if it is true that I have done nothing wrong, can they still possibly do that, if that is what the child says she wants? And secondly, my lawyer tells me that I will definitely have to pay child support if the guardianship is granted. Is that true? Can I make the case that this is entirely their choice and their doing, so I should not have to pay for my child to be living with someone who is not her parent, against my wishes?In case you wonder, her father and I were never married. He used to have visitation up until Sept 2012, when my daughter wrote a letter to the judge in our matter saying that she did not want to have visitation with him anymore. She took this action fully at the behest of her step-mother who was then planning to divorce her father. The judge granted that and we had not heard from him until they began chatting through social media around the end of last year, 2016. They have resumed visitation, but according to my daughter, her father "supports her in her efforts to try to move to her grandparents." So basically, he is showing no interest in pursuing custody himself, but is more than happy to remove the custody from me. He has been making child support payments of $484/mo + a small amount toward arrears (which he owes nearly $10K) in the time since the visitation was stopped in 2012.I had previously asked a question regarding this case, and was given the following advise:In Troxel, JUSTICE O'CONNOR, joined by THE CHIEF JUSTICE, JUSTICE GINSBURG, and JUSTICE BREYER, concluded that § 26.10.160(3), as applied to Granville and her family, violates her due process right to make decisions concerning the care, custody, and control of her daughters. Pp.63-75.That case was based on the rights of a parent to raise a child, not the best interests of the child and not the desires of the child. You have the right to raise your child despite the child's wishes. If your parents want you to give up that right, they should agree not to seek any payments from you.==========================I have asked my lawyer about that, but he does not seem to think that it is a viable argument to be pursued. Should I be looking for a different lawyer?
In a car accident where the driver ran a red light and hit
In a car accident where the driver ran a red light and hit not only my car but another one as well. The driver was arrested for DUID and was driving a company truck. Car towed and tow company will not allow me to get my stuff out of it. They have also sent me a letter stating I owe them 1200 and if I don't pay they will auction the car. The insurance company for the business is claiming no liability. What should I do. I've had to go the the doctor fortunately only bruised ribs, sore and a few scratching. What should I do I'm working and going to college and feel as though I'm getting screwed in this whole situation. I just want to be back where I was before all this happen.JA: What state is this in? And how old is the car?Customer: Va and the car is a 2004 Honda Civic I only had liability insurance on my vehicleJA: Has anything been filed or reported?Customer: I have a police report called my insurance company and it doesn't sound like they want to help in any way. Sounds like they only spoke to the driver that cause the accident because the said I ran the red light. Police reports have witnesses who said the truck driver was st faultJA: Anything else you want the lawyer to know before I connect you?Customer: I'm at a loss and what I'm suppose to be doing I just know that the towing company is charging me daily and I'm getting nowhere with the insurance companies. At one point I was told I could do nothing with the car until they had a chance to look at it. In the mean time, the bill is growing with the towing company