Trial questions

[sqdman43]

What is the name of your state (only U.S. law)? Maryland

Hi there,

My case in anne arundel county,Md is going to trial in september. I have a few questions that I am trying to find questions too.

Question 1: Is there a way that I can let the judge here concerns that both of our children have about what they want? I dont mean like during trial, but maybe in chambers?


Question 2: I just recived a list of charges from the other parties lawyer. In the orginal motion they wanted me to pay the lawer fees even though they were the one withholding visitation. Is that going to be something that will be decided at trial or do I have to put a request in to have it heard at trial?

Any information that you guys could provide would be great.

Thanks in advance

 

[Proserpina]

What is the name of your state (only U.S. law)? Maryland

Hi there,

My case in anne arundel county,Md is going to trial in september. I have a few questions that I am trying to find questions too.

Question 1: Is there a way that I can let the judge here concerns that both of our children have about what they want? I dont mean like during trial, but maybe in chambers?


Question 2: I just recived a list of charges from the other parties lawyer. In the orginal motion they wanted me to pay the lawer fees even though they were the one withholding visitation. Is that going to be something that will be decided at trial or do I have to put a request in to have it heard at trial?

Any information that you guys could provide would be great.

Thanks in advance

How old are your children?

Why are they being involved at all?

 

[sqdman43]

How old are your children?

Why are they being involved at all?

Sorry , the children are 6 and 7 years of age. I really dont want to get them invloved at all. My oldest keeps saying to me and her mother that she wants to spend more time with me. I filed for joint physical and legal after she withheld me from seeing them for 2 month. I guess if need be I would like the judge to hear my daughters concerns. Also, Someone had told me that the judge wil most likely talk to them anyway. Any Truth to that?

 

[Proserpina]

Sorry , the children are 6 and 7 years of age. I really dont want to get them invloved at all. My oldest keeps saying to me and her mother that she wants to spend more time with me. I filed for joint physical and legal after she withheld me from seeing them for 2 month. I guess if need be I would like the judge to hear my daughters concerns. Also, Someone had told me that the judge wil most likely talk to them anyway. Any Truth to that?

Please don't bring them into this.

At such young ages it's unlikely the Judge will even entertain the idea of speaking with the kids. They are far too young and their wishes would likely carry no weight at all.

 

[sqdman43]

Please don't bring them into this.

At such young ages it's unlikely the Judge will even entertain the idea of speaking with the kids. They are far too young and their wishes would likely carry no weight at all.

Thats what I figured. Thats why I wanted to ask.


Now can they really make me pay her $9k+ legal bill when i filled beacuse of her withholding me seeing them? I know that she doesnt have money to pay them. She can barely keep her rent and electric current. I know that I dont have the funds to pay a bill like that. Thats why I dont have a lawyer.

 

[Proserpina]

Thats what I figured. Thats why I wanted to ask.


Now can they really make me pay her $9k+ legal bill when i filled beacuse of her withholding me seeing them? I know that she doesnt have money to pay them. She can barely keep her rent and electric current. I know that I dont have the funds to pay a bill like that. Thats why I dont have a lawyer.

Well, they can certainly ask that you pay the fees, but whether they'll be awarded will depend on certain things.

I don't know the entire history behind your case, so I'll ask the question - what were Mom's reasons for withholding visitation?

It WAS court-ordered visitation, correct?

 

[sqdman43]

Well, they can certainly ask that you pay the fees, but whether they'll be awarded will depend on certain things.

I don't know the entire history behind your case, so I'll ask the question - what were Mom's reasons for withholding visitation?

It WAS court-ordered visitation, correct?

Well we have been apart or 5 years. We were never married. We have always had a child support order for an amount that we agreed on back then but never a COURT order for custody or visitation. When I had my old job, I could only get the children every other weekend during school and week on week off during the summer. Well I found a better job with better hours and now work one day on and three days off. I had brought up the question about doing week on and week off all the time so they could spend more time with me. At the same time we had another child support hearing coming up in 2 months and she stopped letting me get them at all. I tried to reason with her then filled my case in court. Her excuse to me was that her lawyer told her to do that because I could run away with them and never return them. Well when our child support case came up again, she filled that I never see them. I had no way to prove otherwise, so she got the max amount. I know, Shame on me for not keeping records.

So we have just concluded out pre-trial conference. One thing that I don’t get is when the Master asked why she was filing for sole legal and physical custody, her lawyers response was, “well just because..and your honor that is what she wants.”. What the heck kind of response is that?

Now on the paper that I recived for the up coming trial the only boxes checked are custody, visitation, and child support. Counsel fees is not checked...does that matter?

 

[Proserpina]

Well we have been apart or 5 years. We were never married. We have always had a child support order for an amount that we agreed on back then but never a COURT order for custody or visitation. When I had my old job, I could only get the children every other weekend during school and week on week off during the summer. Well I found a better job with better hours and now work one day on and three days off. I had brought up the question about doing week on and week off all the time so they could spend more time with me. At the same time we had another child support hearing coming up in 2 months and she stopped letting me get them at all. I tried to reason with her then filled my case in court. Her excuse to me was that her lawyer told her to do that because I could run away with them and never return them. Well when our child support case came up again, she filled that I never see them. I had no way to prove otherwise.

So we have just concluded out pre-trial conference. One thing that I don’t get is when the Master asked why she was filing for sole legal and physical custody, her lawyers response was, “well just because..and your honor that is what she wants.”. What the heck kind of response is that?

Now on the paper that I recived for the up coming trial the only boxes checked are custody, visitation, and child support. Counsel fees is not checked...does that matter?

Without a court order, she did nothing wrong in not allowing visitation.

I really think - because she's alleging that you never see the kids and that bolsters her argument for sole physical - that you should really do whatever it takes to get an attorney, especially since she has one.

Her + attorney = a much more difficult time ahead for you.

 

[sqdman43]

I wish I could. I exhausted all the lowcost and free options. If I had to pay for a lawyer I would have nowhere to live. So im just stuck. They all say I make too much money, but they dont take in account the child support that I have to pay.

 

[ProSeDadinMD]

The Master is not going to talk to a 6 and 7 year old about what they want.

Her + attorney = a much more difficult time ahead for you.

Don't be such a naysayer, because it can be done...

 

[Proserpina]

The Master is not going to talk to a 6 and 7 year old about what they want.

Don't be such a naysayer, because it can be done...

Aw I'm not a naysayer...

...I'm the RealisticSayer

I'm not saying what OP wants is impossible. What I'm saying is going pro se against an attorney is generally not a good plan.

You're different....and sadly in the minority. Maybe you could guide OP further?

 

[ProSeDadinMD]

Aw I'm not a naysayer...

...I'm the RealisticSayer

I'm not saying what OP wants is impossible. What I'm saying is going pro se against an attorney is generally not a good plan.

You're different....and sadly in the minority. Maybe you could guide OP further?

Ok, Ms. Realisticsayer.

I intend to help. I don't have time right this minute to go thru the posting history, but will this evening.
Just call me Wile E. Coyote...Super Genius...

 

[sqdman43]

Even going pro se all through this process I have had mostly good luck. I had the lawyer’s case in Baltimore County thrown out and moved back to Anne Arundel County where I live even though the children live in Baltimore County. (The lawyer is now billing his client 3 hours to drive from Dundalk to Annapolis, guess he is taking the scenic route.) I won my argument at my PL hearing to get temporary visitation when he tried to have it denied. So I have not had all bad luck. Also he is mad that I brought up at the pre trial that he was advising his client to not try and talk out our differences and come up with agreement that we both agree with but to just go to trial because she will win. I have been in the court library a lot reading up on what I can. Speaking of that, Any recommendation on things out there that could help me out.

 

[MichaCA]

So you filed the original motion, right? And was it for custody and visitation, child support specifically?

 

[JediDad]

If you are in a state that is fairly pro se friendly, then good luck. In many states it is VERY difficult to go up against a lawyer without your own. This is why so many people are saying you need a lawyer. If it was in my state, you'd probably be toast without your own lawyer.