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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11823
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Is it illegal to contact the judge on an active child custody

Customer Question

Is it illegal to contact the judge on an active child custody case, no decision reached yet, to request the judge to personally talk with the children?
Submitted: 2 years ago.
Category: Family Law
Expert:  S. Huband, Esq. replied 2 years ago.
Thank you for the opportunity to assist you. It depends on who did the contacting and the circumstances of the contact. Can you explain a bit more the facts so I can narrow down an answer for you?
Thanks, Customer
Customer: replied 2 years ago.
The case is child custody. It has been postponed to be held 3 times, case was heard yesterday on July 6, 2015. The GAL testified that the 10 year old and 6 year old stated how much they wanted to live with their father. Then she went on to testify that in her opinion the children mimicked what their father said, as he seemed to have anger issues with the mother. She recommended the children stay with the mother when school in session and with father in summer, but with weekends with father during school and weekends with mother during summer, every other weekend. GAL testified that 10 year old used the word "attached and being attached to his father" and GAL did not believe he would know the word or to use it in the proper text. 10 year old Gifted Student, reading at 6th grade level and higher in 2nd grade because no materials were available at a higher level to test him. Paternal grandmother is licensed social worker practicing working with therapeutic foster care children for 22 years and has talked about children having attachment issues, traumatized past, etc. With this in mind, 10 year old comment was not uncommon at all. The father left the marital home with the 2 children on December 9, 2013. The mother was stating she was working late and divorce had been discussed in mid November, 2013. The mother began to not come home at all many nights and when she called was staying night with a friend. Sometimes mother did not even call. 10 year old and other child worried to death that she was in accident or something on the 9th, as she promised never to NOT call them again if she was not coming home. 10 year old called mother at 9:30 PM as she had not called, same answer, staying night with a friend. Crying and sobbing children, father left the home to start separation proceeding not being able to continue seeing the children hurt so very much. At first hearing, continued with temporary order in place of joint custody for every other week, exchange on Sunday. End of school year 2014, mother enrolled children in school where boyfriend lived. This created a*****each school day for the father to transport them to and from school each week that he had them. Kids were living/staying with other man before Christmas 2013, so very hurt and scared, being with a stranger. At July 6 hearing, GAL did state both children wanted to be with father, but were mimicking as mentioned previously. GAL stated both children needed counseling due to anger with mother which again was blamed on father being angry with mother, which is not true. Only anger is over how it has impacted children and just wants this to be over. Father gave names to GAL as GAL asked father to ask his mother/grandmother to recommend someone. Mother refused any recommendations suggested, if that person knew paternal grandmother. This has made the children go all this time without counseling services. The GAL recommended the children be with the mother throughout school year, only with father every other weekend. She then recommended father have them all summer, but mother have hem on weekends. It was also indicated "no structure" with father. Hard to have a lot of structure when traveling 4 hours to get them to and from school when you have them. Father has been primary caregiver of both children since birth. He is disabled from car accident and worked about 5 years, then had to apply for disability before children were born. Mother returned to work as soon as possible after each birth. Father tended to the children, medical appointments, school needs and school transportation; preparing meals and the evening meal for all; laundry and dishes and very much so yes, there is an attachment. Father's attorney recommended he maintain custody of the children due to the past 10 years plus he has been primarily the caregiver of all their needs and the attachment. The mother's attorney focused on "no structure" in the father's home, children remain in school where mother enrolled them for her own convenience to be with another man but still married; father see them every other weekend when school is in and father have them over the summer, but mother have every other weekend visits. This leaves the father with a little over 2 months with the children that he has reared since birth. The judge did not make a decision, said she had taken a lot of notes and needed time to review information due to so much going on in this case. Judge said decision would be reached in 1 - 2 weeks. Upon return to the children from court, the 6 year old had been grumpy and crying all morning. She said she was scared and worried, then said "I am so scared I will have to live with mom forever" as she cried when talking. The 10 year old asked "is it over"? When explained to him that it was continued, his comment was "I'm terrified I will have to live with mom, I don't know how I will make it if that happens" can request be judge talk w/ kids?
Expert:  S. Huband, Esq. replied 2 years ago.
Thanks. I'm not available now, so I'll opt out and someone else may be able to help you soon.
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