DadNotBad
newbie
Reged: 11/14/08
Posts: 27
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My case has been going on for sometime now, divorce is final and equitable is final, the only outstanding issue is custody of the kids.
One of the biggest problems that is going on now is there are three lawyers involved, mine, her's and the adlitem for the kids.
I want the adlitem removed from the case and have asked my lawyer to make the necessary moves to do so but she does nothing. The problem with the adlitem is she does nothing for the case, she has never met with the kids, she has written to me and told me that she does not have the child's rights as respected by the courts and she has misrepresented findings, made apologies to me outside of the court for it but never made the corrections with the court. I want the adlitem off the case, so how do I do it ?
Also, since my lawyer continues to jack up charges every month, even when she never talks or mails me anything, there are $300-$800 a month charges. The charges on the invoices are from lawyer to lawyer and God only knows about what, because none of that is getting back to me! Is it possible to represent yourself and have a lawyer as a backup when you have to go to court ?
:confused:
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Maury
Carpal \'Tunnel
Reged: 06/02/04
Posts: 8146
Loc: This Asylum --->
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You may file a Motion to remove the GAL. However, your chances of replacing a Guardian Ad Litem without an agreement by the parties would be slim to none. The GAL is not there to be on your side or to agree with you and the fact that there is no agreement is not a basis to remove the GAL.
It is not possible to represent yourself and have a lawyer as a back up. You either go at it pro se or retain counsel. I imagine you could dismiss your attorney and handle the case alone until you need counsel. However,there is great risk in doing so. If you make errors, it may be too late to fix them when hiring counsel again.
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Gestalt
member
Reged: 10/10/08
Posts: 172
Loc: Wisconsin
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One thing that worked for me was a request for status conference (or your state's equivalent) then all the parties tell the judge where they are at in their respective processes and how much more time they need before a hearing. At our status conference I was able to politely let the judge know that the GAL hadn't contacted anyone and I was concerned about lack of progress and the prejudice towards my case as a result of the extended time....judge was not happy with the GAL....couldn't get the GAL removed (I don't even recommend trying that-never want to look like you are hiding something)...but you do want to process to move forward...
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The most decisive actions of our life ... are most often unconsidered actions.
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DadNotBad
newbie
Reged: 11/14/08
Posts: 27
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The judge has been a problem in this case as well. He was misinformed by the GAL and during two different parts of the hearing, on 2 different days, the judge fell asleep on the bench. All three lawyers saw what was going on and they all did nothing. The GAL has interfered with the kids having the chance to talk to the judge, saying that she did not think it was necessary meanwhile my one kid is crying out to the psychologist begging her to let him talk to the judge, the psychologist has told the GAL about this but the GAL has done nothing, well except bill for the time that she was on the phone with the psychologist and the time that she sat and thought about it.
The kids are crying out and breaking down to the psychologist, but she will do nothing but talk to the GAL but then it stops there. The GAL is failing to do her job because she is not upholding the childs rights at all nor is she doing anything to protect them even though the psychologist is seeing and hearing all of this from my kids.
I guess it goes to show that the legal system is corrupt and do nothing productive beside rape people of their hard earned cash! Hell the judge is allow to sleep on the job and there is NO recourse for that! There's no jury, it all rides on the judge and how can he make a true decision on the facts when he is sound asleep! But if I push the issue to get him reprimanded, he will turn around an put the screws to me even though he has no cause!
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Gestalt
member
Reged: 10/10/08
Posts: 172
Loc: Wisconsin
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Subpoena the therapist...
and you don't push the issue to "get him reprimanded" you push for "progress in the case"...I know it's a fine line...but it's there.
Are the hearings recorded on video, audio or transcript? I would be gathering everything I may need for an appeal.
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The most decisive actions of our life ... are most often unconsidered actions.
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stuckinarut
Pooh-Bah
Reged: 10/12/07
Posts: 1631
Loc: Island of Man
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Courts are corrupt....I havent paid my lawyer. He thinks he's taking my house which is not selling. My stbx told me to tell him "Not a chance", he's not going to throw her and the kids out because he wants the house, tell the idiot, its not selling because of the s h i t condition its in! He has a better chance of going after your pay"
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"The King of fraud and corruption"
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DadNotBad
newbie
Reged: 11/14/08
Posts: 27
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I was thinking of requesting another judge because reading through the past transcripts I discovered that this judge made a summary statement where if the parties cannot agree or communicate on anything then we will be here again and again, and the parties will have to pay and pay. That fits part of the judges plan, get as many attorney's involved and other professionals that will do nothing more than financially drain the situation. More of the reason to move to another judge. The ABA should have ways to correct this problem. There are not audio nor video permitted in these court rooms, just have the testimonies of witnesses in the courtroom, in addition to 3 attorney's that had a legal responsibility to stop the proceedings so that the judge could gather himself.
I was forced out of my home. The house was sold without my signature on anything and the judge awarded the tax free cash to my ex because he felt that she deserved it.
Lawyer is being paid, so she has nothing to hold over me, and the opposition has nothing to hold over me.
I have my own place for my kids and myself. I work everyday to support my kids and myself. My ex, lives with her parents, milked the system to go back to school for 5 years and get two degrees, lies to the courts about her future, sits at home and does nothing. I've fought and fought to get my kids 50% of the time, and I've done NOTHING wrong. My ex has overdosed my kids and continues to do so, has beat my one kid with a belt, her father has 3 police reports on him for assaulting me, Children's services has been involved, my ex has 4 contempt orders on her, my ex constantly messes with the medical coverage so I frequently have to pay out of pocket for the meds that my kids need.........and I've had to fight to get 50%.
I've read and read, all over the internet....this site as well as many others....and researched previous cases as well....thousands of dollars out the door to many people.....
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stuckinarut
Pooh-Bah
Reged: 10/12/07
Posts: 1631
Loc: Island of Man
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I was ordered to continue to pay maintenance on my wife's/stbx's car and to pay her gas...I told my lawyer..I dont think I have to....I told her when she asked for gas money to go get a job...she told me she complained to her lawyer since it was stipulated in court transcripts that i had to pay...I told her "I dont give a F what those transcripts say, Go get a job!"
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"The King of fraud and corruption"
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Yes_Dad
Carpal \'Tunnel
Reged: 08/23/08
Posts: 7406
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[quote]I was ordered to continue to pay maintenance on my wife's/stbx's car and to pay her gas...I told my lawyer..I dont think I have to....I told her when she asked for gas money to go get a job...she told me she complained to her lawyer since it was stipulated in court transcripts that i had to pay...I told her "I dont give a F what those transcripts say, Go get a job!" [/quote]
While I agree with you telling her to get a job...
There are a lot of things we all dont want to do but a required to by law. You are in that situation. You are fighting an unwinable war here.
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stuckinarut
Pooh-Bah
Reged: 10/12/07
Posts: 1631
Loc: Island of Man
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and my reason for removing "my" assets from the house and disobeying a court order not to was because she breaks things.
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"The King of fraud and corruption"
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