• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Rebuttal Presumption was Never Applied - He won temp Sole Custody!

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Status
Not open for further replies.

Zigner

Senior Member, Non-Attorney
We had just finished the hearing that morning before the Stip was signed! Next hearing was scheduled in court for 7/20
In your first post you said that the continuance was granted because the stipulation was signed. (This goes to credibility.)

(Just to jog the memory: my attorney "handed" him temporary sole custody, via Stipulation - until 7/20 - in order to be granted a continuance because "it's apparent my client has some serious issues that I need time to further investigate." )
 


PAisAbuse

Member
Honestly, I never thought I would receive such hostility when asking a simple question regarding Section Code 3044. It was answered swiftly a long time ago by ohiogirl.

I cannot prove something I never did. I can prove the malicious acts (with a preponderance of evidence) that my husband has engaged in since our March 2015 separation date. As for my attorney, he had the CCRC report 5 days prior to the hearing. If the strategy was to throw me under the bus by saying "I do have a response prepared your Honor, but it has just come to my attention through the CCRC report, that my client has some very serious issues. We will stipulate to the report and recommendations if granted a 30 day minimum continuation to further investigate" - he should've informed me.

Btw that is exactly how the transcript reads. Him, My father, my husband, and opposing counsel drafted the Stip in the hallway
 
Last edited:

Ohiogal

Queen Bee
My husband brought me back on another ex parte on 4/22. Emergency orders denied. Commissioner refuse to drug test unless I volunteered and only if he would submit. He refused so she didn't allow it. Re-referred to FCS for mediation. I retained new counsel on 5/19 for a 5/27 hearing. He spent 3 hours going over strategy then failed to.follow through and any part if it
You hire him 8 days head of a hearing and expected him to do what? Seriously, you are impossible. If you wanted him to have more time, you should have hired him way back when. Not 8 days before a hearing when most anything needs filed 7 days prior.
 

PAisAbuse

Member
Our opinion on the matter isn't relevant. He dropped you because:

1. You came into our office and stated you did not want attorney to represent you.
2. You accused our office of communicating with your father agaist your wishes after giving us authorization to do so.
3. Attorney does not feel you have been completely truthful with our office.
4. You have accused our office of withholding documents from you when in fact we have not received such documents.
5. You have accused our office of drafting a fraudulant substitution of attorney and trying to force you to sign it.
6. You clearly do not have any trust or faith in our office which is vital to the attorney client relationship.



If I had to guess, I would say that the underlying reason actually boils down to you being a very difficult client who doesn't want to cooperate with her attorney in any way, shape, or form.
Since I have emails from the paralegal in regards to how cooperative I had been up until the court date, I will agree to disagree.
 

Ohiogal

Queen Bee
I have a stipulation proving I cooperated with him. I have not spoken to him since except for the one time via phone. I apologized for the misunderstandings in the courthouse hallway and left the choice uo to him. He chose to withdraw but sent a Sub. Of Attorney stating the opposite. Why?
A stipulation that you are griping about stating that HE FORCED ... so no. That doesn't prove cooperation. It proves you are devoid of any semblance of credibility. Do you even realize how you present yourself? A substitution of attorney stating you were going Pro PER is him withdrawing. Again, I don't believe anything. You are a victim. I will state that. A victim of your own arrogance, ignorance, and stupidity.
 

PAisAbuse

Member
You hire him 8 days head of a hearing and expected him to do what? Seriously, you are impossible. If you wanted him to have more time, you should have hired him way back when. Not 8 days before a hearing when most anything needs filed 7 days prior.
I expected nothing. That's my point. His strategy was to File my Response - as order by the court - and ask for a continuance. That's it. That was all that was supposed to happen on 5/27 according to HIM. My daughter had just been taken from me by my own attorney! Try for a second to imagine what that might feel like. We were sent into the hallway to confer on a therapist for my daughter. That NEVER happened
 

Ohiogal

Queen Bee
Honestly, I never thought I would receive such hostility when asking a simple question regarding Section Code 3044. It was answered swiftly a long time ago by ohiogirl.

I cannot prove something I never did. I can prove the malicious acts (with a preponderance of evidence) that my husband has engaged in since our March 2015 separation date. As for my attorney, he had the CCRC report 5 days prior to the hearing. If the strategy was to throw me under the bus by saying "I do have a response prepared your Honor, but it has just come to my attention through the CCRC report, that my client has some very serious issues. We will stipulate to the report and recommendations if granted a 30 day minimum continuation to further investigate" - he should've informed me.

Btw that is exactly how the transcript reads. Him, My father, my husband, and opposing counsel drafted the Stip in the hallway
1) My name is OHIOGAL. Try to get it right.
2) Why was your daddy there? Why weren't you involved in drafting the stipulation?
3) Malicious acts? Really? What malicious acts? What evidence that is admissible?
4) Throw you under the bus? Ummm, no. 5 days is nothing. You are not his only client. You have NO credibility. Keep talking. You make no sense. Hostility? You didn't ask a simple question. You made a bunch of accusations and then expect everyone to agree with you.
 

PAisAbuse

Member
1) My name is OHIOGAL. Try to get it right.
2) Why was your daddy there? Why weren't you involved in drafting the stipulation?
3) Malicious acts? Really? What malicious acts? What evidence that is admissible?
4) Throw you under the bus? Ummm, no. 5 days is nothing. You are not his only client. You have NO credibility. Keep talking. You make no sense. Hostility? You didn't ask a simple question. You made a bunch of accusations and then expect everyone to agree with you.
Ok. You're right. Thank you for you input.
 

Ohiogal

Queen Bee
I expected nothing. That's my point. His strategy was to File my Response - as order by the court - and ask for a continuance. That's it. That was all that was supposed to happen on 5/27 according to HIM. My daughter had just been taken from me by my own attorney! Try for a second to imagine what that might feel like. We were sent into the hallway to confer on a therapist for my daughter. That NEVER happened
You are so full of it. YOU STIPULATED. Now you are blaming the attorney. Your daughter was taken by your own attorney? Now you just said you stipulated -- you agreed to it.

Hence, why have no sympathy from me. You have no credibility. And your name shows how much you think YOU are a victim. You aren't.
 

Zigner

Senior Member, Non-Attorney
I can't include images or I would show you the Stip. Nobody testified. Nothing was accomplished inside the courtroom
The strategy was to go in and ask for a continuance and that's what he did.

I would suggest that you start looking for a new attorney NOW, not on 7/19.
 

Ohiogal

Queen Bee
The strategy was to go in and ask for a continuance and that's what he did.

I would suggest that you start looking for a new attorney NOW, not on 7/19.
She better have a LOT of money up front. Because this would be at least her third new attorney since August. IN less than a year. That says quite a bit. LD, I stand by what I said. She is not a victim of dad. She is a victim of herself.
 

PAisAbuse

Member
She better have a LOT of money up front. Because this would be at least her third new attorney since August. IN less than a year. That says quite a bit. LD, I stand by what I said. She is not a victim of dad. She is a victim of herself.
I subbed out my first because we were receiving an average of 4 attorney letters per month from My husband and opposing counsel. Opposing counsel received proof of service on 4/21 regarding no attorney of record. The next day my husband filed another ex parte motion. I went in unrespresented. The hearing then (on4/22) should've be set for continuance. But it wasn't. It proceeded.
 

Zigner

Senior Member, Non-Attorney
I subbed out my first because we were receiving an average of 4 attorney letters per month from My husband and opposing counsel. Opposing counsel received proof of service on 4/21 regarding no attorney of record. The next day my husband filed another ex parte motion. I went in unrespresented. The hearing then (on4/22) should've be set for continuance. But it wasn't. It proceeded.
Your problems are beyond that for which an internet forum can help. Best of luck to you.
 
Status
Not open for further replies.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top