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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118251
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Back in2005 i had some bad habits and ended up in jail and

Customer Question

back in2005 i had some bad habits and ended up in jail and prison since then i have been clean and slowly gaining more custody of my son Jr my ex and i adopted going by the custody order in 2008 and in2011 my son came to live with me Full time not a potent from his dad ever the whole time my ex bf used to threaten in emails that if i left him he would throw doe over my fence and call the cops call chicks services and say I'm doing drugs in front of my son out up posters of me in prostitute adds and oust them at my son's school for4years he threatened these things since we broke up in August i warmed my ex husband he would say these things and showed him the threats in December my ex bf set me up my ex husband took my son and now a biased judge keeps taking more and more of my visits away to the point where i have no scheduled visits i had court in Orange county for the criminal matter the same day as custody hearing and got monitored visits i submitted a request to remove default judgement with the letter from the da saying they declined to file charges to show where i was instead of custody hearing he denied the motion based on i could be charged at a later date and then took even my monitored visits away my son is miserable he wants to see me he should be living with me the judge even admitted in open court that he was taking my rights because of the charges that were never filed even though I've gotten past all that since it was an issue my ex only used to take my son two days a month didn't know what school he went to our his friends Nantes or even have clothes that fit him i am vice president of the pta team mom for baseball and his friends are over all summer and every weekend he dad doesn't attend patent teacher conference rewards ceremonies band recitals or open house no interest at all until now they have no proof of any wrongdoing on my end and the judge will not allow me to even show him my evidence i still have all the emails and texts what do i do
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You cannot just show the emails, that would be against the rules of evidence, which is why the judge will not let you show them. If you want to introduce the emails, you have to call the writer or recipient of the emails to the stand as a witness and you need to ask them about the emails and question them about the emails. You also need to bring other witnesses to court to actually testify in the court regarding your fitness to be a parent to counter the claims of the other parent against you.
The courts require you to put actual witnesses on the stand, any emails are considered hearsay without witnesses and as such are inadmissible. Thus, you need to bring your witnesses to court and have them testify to your fitness, that is what the judge wants.
I know attorneys can be expensive, but you would significantly increase your chances of success using a local attorney and giving them the list of people who could testify on your behalf to bring them into court and do so.
Customer: replied 1 year ago.
Ok that is what the issue is the only thing my ex had on me were emails taken from my inbox and I had the witnesses there to testify I'm telling you he would not even allow me to talk or get to the witnesses or even talk about the emails but he did except the emails from my inbox which he had no oermission to have amd the judge took those but wont listen to me he even said it was because I had the prior convictions from 2005 but my son has been with me for the last 4 years and my ex husnad had brought the writer of those emails as his witness
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
If the judge denied you an opportunity to present your case and witnesses, then you would need to file a notice of appeal and take the case to the court of appeals for the court denying your meaningful due process and not allowing you to present your defense or case.
Customer: replied 1 year ago.
How do I do that I ask around and cannot find any info on appeals for family court
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
You file what is called a notice of appeal, but you only have 10 days from the date of when the judgment was issued against you to do that and it you missed that date, it is too late. You should not be doing this without an attorney if at all possible, it is a recipe for disaster and when you file your appeal brief to the appeals court it is going to require case law research to insert in the brief.
Customer: replied 1 year ago.
I cant afford an attorney I mean I could totally makr payments but evetyone wants the initial retainer and thats the problem $2500 is too much to come up with at once
Customer: replied 1 year ago.
Do you know anyone or some way to find someone that does probono work
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
You can go to legal aid and if legal aid cannot assist, you can go to the local law school or call the state bar and ask for assistance from their pro bono attorneys.