Request for contempt=Loss of custody?!?!

[Gradengail]

What is the name of your state? Mississippi
PLEASE HELP ME! When it was determined that I was terminally ill, my ex-husband took our 3 girls & has refused to let me see them for several months.

He filed a request for Primary Custody of the children, and continued to refuse to let me see them, or speak with them.

We were to have a hearing on 6/19, but our attorneys worked out over the phone that they'd reschedule for either 7/24 or 7/26, due to a conflict w/ another client that my attorney was representing.

My attorney filed a request that my ex be held in contempt of court, for refusing to allow me to see the children, or tell me where they were, and requesting that his motion for custody be denied.

Today, the court docket says that a Judgement was made, allowing him Primary Custody of all minor children, and that my visitation would be assigned when I petition the courts for it.

What has happened??!?!?!?!?What is the name of your state?

 

[Accountable]

What is the name of your state? Mississippi
PLEASE HELP ME! When it was determined that I was terminally ill, my ex-husband took our 3 girls & has refused to let me see them for several months.

He filed a request for Primary Custody of the children, and continued to refuse to let me see them, or speak with them.

We were to have a hearing on 6/19, but our attorneys worked out over the phone that they'd reschedule for either 7/24 or 7/26, due to a conflict w/ another client that my attorney was representing.

My attorney filed a request that my ex be held in contempt of court, for refusing to allow me to see the children, or tell me where they were, and requesting that his motion for custody be denied.

Today, the court docket says that a Judgement was made, allowing him Primary Custody of all minor children, and that my visitation would be assigned when I petition the courts for it.

What has happened??!?!?!?!?What is the name of your state?

Sounds like they had a hearing and you were a no show and lost by default. You should call your attorney immediately and ask him what he intends to do about it.

 

[Gradengail]

YES! That's what happened! I SEE now, that they DID have the hearing. My attorney told me that I DID NOT have to be in court!!! because they'd agreed to postpone. I even spoke w/ the paralegal MODAY & TUESDAY about everything, and she spoke with my husband to get additional info on Thursday- There was no mention that we should be, or should have been, in court. IS THERE ANYTHING THAT CAN BE DONE?

This whole thing has been the most difficult thing to comprehend- THAT'S why I'm paying someone $$thousands to tell me what I'm supposed to do.

I first couldn't understand why the system is set up to where when this happens, no one can MAKE him tell me where the children are, RIGHT THEN- and then continue to drag this along, while knowing that at times, they are being held where they've been molested & grossly abused in the past.

I JUST DON'T KNOW WHAT TO DO!!! I thought paying an attorney would give me direction, in this place I've found myself, where I just don't know how the system operates.

 

[Accountable]

It may not have been necessary for you to appear at the hearing, as long as your attorney did. It sounds like he didn't. You need to call him first thing Monday to find out what he plans to do to correct the situation. If it is his screw-up, you can fire him and hire another attorney to try to fix the mess.

 

[Gradengail]

I have a hard time believing that he'd just "screw up". He's a judge & used to be DA- plus, received comendations for his legal service in the Marine Corps.

AND, I don't have the $$ to pay another attorney =( I've sold everything I own & they raised money through the church, plus my parents gave me what they could, just to pay this one.

WHY ON EARTH could it possibly be, that he just NOT KNOW or NOT FIND OUT, if the hearing had REALLY BEEN CHANGED??? I heard him talking w/ the court clerk about changing the date too.

HOW CAN THIS BE?

 

[LdiJ]

You need to be talking to your attorney. It could be that your ex and his attorney pulled a fast one. If so, your attorney can get the order vacated and the matter reset for another hearing.

 

[mommyof4]

He's a judge & used to be DA- plus, received comendations for his legal service in the Marine Corps.

You're atty is a judge?

 

[CJane]

You're atty is a judge?

My step-mother's attorney is a judge... the judge that has been hearing my case is still a practicing attorney/GAL... I think it's fairly common, isn't it?

 

[Accountable]

My step-mother's attorney is a judge... the judge that has been hearing my case is still a practicing attorney/GAL... I think it's fairly common, isn't it?

...and ethical as long as they are not hearing their own cases!

 

[Ohiogal]

My step-mother's attorney is a judge... the judge that has been hearing my case is still a practicing attorney/GAL... I think it's fairly common, isn't it?

It could be in some places but not around me.

 

[mommyof4]

...not around here either.

I guess it just goes to show how many variations and differences there are through out the legal system.