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Ask Tina Your Own Question
Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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I lost custody of my two young children despite the guardian

Customer Question

I lost custody of my two young children despite the guardian ad lidem's recommending they continue to live with me...I have been a stay-at-home mother since the day my first child was born. My ex's 'witnesses' consisted of his residents (he is a surgeon,) his nurse as well as his friends who had nothing bad to say about me except that I put my children to bed early & fed them healthy foods. My children are living most of their time with a nanny versus with their natural mother, additionally, my ex is not ruled-out as a suspect & hindered the investigation of the burning down our house which burned down to the ground with myself and son in it while his female resident was named as a suspect. The divorce judge claimed that he himself was still a suspect, making a mokery of the entire matter. The judge appeared to lean in favor of my ex from the beginning, granting him more weekends with our children than I had & now that I lost custody, I still have less weekends! The judge worked with my ex's lawyer's mother and is friends with my ex's lawyer's father, who is a surgeon who also works with my ex. The judge cited that my ex has a 'more flexible work schedule,' than I...he does not! & that he is stronger mentally & physically than I (I do not know how,) he has a better support system (I have family who lives closer plus many friends, he has people who work under him.) I am trying to keep calm & quiet though my children cry to me every day that they want to come my daughter's teacher does not respond to my questions...basically is excluding me & only communicates with my ex...we have joint legal custody, I feel people are intimidated by my ex. Financially, the judge favored my ex as well, holding me responsible for part of my ex's medical school loans while he alone is reaping the benefits of it while I now will be training for no pay because I have been out of the work force for the past 8 years. I am from NY, do not believe this injustice would ever occur their & now live in the South...people are horrified by my experience & the outcome of my trial, but are helpless. I wish I could have media attention to the cause of my children & myself, but do not want to jeopardize anything, if their is even anything left to lose. Please advise, thank you.
Submitted: 7 years ago.
Category: Legal
Expert:  MShore replied 7 years ago.
thank you for the post, sorry to hear about the situation. What exactly is your legal question?
Customer: replied 7 years ago.
Besides appealing the court ruling, what else can I do in the meantime? The judge completely ignored the guardian ad litem's recommendations that the children be in my custody....are there any child's rights groups who help fight these sorts of issues? the judge ignored the safety concerns my guardian had with my ex...are there any children's rights groups who would help them? My new lawyer told me that my children don't have any can that be? Is there ANY kind of law that states that if a parent is NOT unfit, that instead of being with a babysitter, the children has the right to be with their natural parent (my ex is a pediatric surgeon & works long hours & is using the nanny a lot.) Is there any way to have a judge investigated into? My ex-husband's lawyer's father is friends with the judge & my ex's lawyer's mother used to work with the judge, the judge is also grateful to the hospital that my ex works for for saving his daughters life after a car appears to all who were involved in my case & trial that the judge did not listen to what was happening nor presented in court. What can I do to best win my appeal? Only document what is happening now? I have documented events with my husband's anger & treatment of the children for over a year, had a guardian to speak for our children, & the judge completely ignored her....what will my documenting events do if I can not even prove what I am documenting is true? I am obviously frustrated with the legal system as I have found it to be anything but 'justice' so far. My new lawyer who will be appealing my case says that the financial part is not usually overturned & that it is left to the discretion of the judge who was presiding over the that true? Right now the judge left me paying child support & a small percentage of the nanny's care for me to pay to my ex who makes $295,000.00 a year, with excellent benefits...I am just getting back into the work force & make a little over minimum wage & as of now, I cannot pay all of my bills & have applied for food stamps until I can reach better employment..can't the financial part also somehow be overturned as well with the Court of Appeals or the Supreme Court in Atlanta? By the way, I was not out-lawyered during my trial, my lawyer is better than my ex's, but one would never know it based upon my outcome. Thank you for your help, with a house burned down a year ago & now actually losing custody of my children (the guardian never ever thought that that was even a remote possibility,) I am living a life unlike most others where the rug has been pulled out from under me again & again.
Expert:  MShore replied 7 years ago.

I am researching answers to your questions and will get back to you later today.

Customer: replied 7 years ago.
Thank you for your time researching...I look forward to your reply. I live in Augusta, GA, & I keep hearing the legal system here being referred to as the 'good old boy's club' but it is part of the United States of America. I am from NYC, I know people fight for their rights there. If you would ask any divorce lawyer in my town here, they all have heard of my case because how bad the situation is. I just pray that my new appeal lawyer will really try to win & not be afraid that by winning, he will open up a can of worms that will expose how corrupt this judge is (even my ex was shocked by how well he actually made out from this divorce.) If someone is interested in making a name for themselves, to fight my case would be the way. Thanks
Expert:  MShore replied 7 years ago.
I have researched this and could not find any supporting caselaw. I will open this up for other experts to assist as well.
Customer: replied 7 years ago.
Anything concrete you can do for me & find will be greatly appreciated. I know that my lawyer told me about a case in the south where stay-at-home mother lost custody to her husband who was also a doctor because she committed post-separation adultery...that is the kind of cases that would help me. Also, how to investigate a judge, most importantly, law to help me & my children that if a parent is not found unfit, that the children should be allowed to be with their natural parent versus a babysitter/stranger. Yes, please open it up to your other attorney friends...please refer to my additional questions above, any advice would be helpful to our lives. Thank you so much for your time & help. Michele