Conflict of interest and taking my child away

[cuppycake]

Alabama

Ive been separated from my ex boyfriend who I have a 2 year old child with for almost a year; last wed I put him on child support and the very next day he filed for full custody and requested a Pendente lite order stating that the child was in mortal danger. This is a complete lie and everyone knows he only did it because he doesn't want to pay child support. He applied on a Friday; I went and got a lawyer and he told me not to worry about it that he would stop the motion first thing Monday morning. Well turns out my ex's father is friends with the Judge (the Judge is on his facebook) and he got him to push the order thru 10pm Friday night and they came and took my child. Now they are saying he gets to keep her until the pendente lite trial which is set 2 months from now. Is there not anything I can do? My lawyer is not in the office until Monday - seems like I should be able to do something based on conflict of interest. He shouldnt be allowed to keep my baby based off of ridiculous accusations.

 

[TheGeekess]

Alabama

Ive been separated from my ex boyfriend who I have a 2 year old child with for almost a year; last wed I put him on child support and the very next day he filed for full custody and requested a Pendente lite order stating that the child was in mortal danger. This is a complete lie and everyone knows he only did it because he doesn't want to pay child support. He applied on a Friday; I went and got a lawyer and he told me not to worry about it that he would stop the motion first thing Monday morning. Well turns out my ex's father is friends with the Judge (the Judge is on his facebook) and he got him to push the order thru 10pm Friday night and they came and took my child. Now they are saying he gets to keep her until the pendente lite trial which is set 2 months from now. Is there not anything I can do? My lawyer is not in the office until Monday - seems like I should be able to do something based on conflict of interest. He shouldnt be allowed to keep my baby based off of ridiculous accusations.

First, Monday 16th January is both a federal and a state holiday, so doubt very seriously that any courthouse in the state will be open. However, you have an attorney, and should be directing your questions to said attorney. For now, I would suggest sit tight until you can talk to that attorney. Don't post crap on social media about Dad or this situation, as it could turn around and bite you in the butt.

 

[CJane]

I would also suggest that you make 100% certain that you are excruciatingly honest with your attorney. If Dad accused you of X, and you haven't engaged in (uppercase) X, but have engaged in (lowercase) x, which is really similar, but arguably not as bad... your attorney needs to know.

For example, Dad makes accusations that you're addicted to opiates, and can't care for the child properly. Reality is that you have a prescription for opioid pain killers, and you strictly adhere to the dosage guidelines.

Or Dad says you're a prostitute, when in fact you're a bartender in a shady club that has been known to dabble in prostitution.

Etc, etc. Claims made are rarely fabricated of thin air, but rather mutations of reality.

 

[Ohiogal]

Alabama

Ive been separated from my ex boyfriend who I have a 2 year old child with for almost a year; last wed I put him on child support and the very next day he filed for full custody and requested a Pendente lite order stating that the child was in mortal danger. This is a complete lie and everyone knows he only did it because he doesn't want to pay child support. He applied on a Friday; I went and got a lawyer and he told me not to worry about it that he would stop the motion first thing Monday morning. Well turns out my ex's father is friends with the Judge (the Judge is on his facebook) and he got him to push the order thru 10pm Friday night and they came and took my child. Now they are saying he gets to keep her until the pendente lite trial which is set 2 months from now. Is there not anything I can do? My lawyer is not in the office until Monday - seems like I should be able to do something based on conflict of interest. He shouldnt be allowed to keep my baby based off of ridiculous accusations.

Monday is a federal holiday so he may not be in the office then. What did the request for the pendent lite order state as the reason why the child was in mortal danger? How often were you allowing your ex-boyfriend to take his child on visits at his house?

 

[Ohiogal]

I would also suggest that you make 100% certain that you are excruciatingly honest with your attorney. If Dad accused you of X, and you haven't engaged in (uppercase) X, but have engaged in (lowercase) x, which is really similar, but arguably not as bad... your attorney needs to know.

For example, Dad makes accusations that you're addicted to opiates, and can't care for the child properly. Reality is that you have a prescription for opioid pain killers, and you strictly adhere to the dosage guidelines.

Or Dad says you're a prostitute, when in fact you're a bartender in a shady club that has been known to dabble in prostitution.

Etc, etc. Claims made are rarely fabricated of thin air, but rather mutations of reality.

Agreed.