Wow - Quiet Today...

[LegalBeagle]

If only this meant that everyone was getting along and all was well with the world then I would be a happy chappy..

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by LegalBeagle:
If only this meant that everyone was getting along and all was well with the world then I would be a happy chappy..

<HR></BLOCKQUOTE>

My response:

Yeah, it's so quiet today that I'm actually considering responding to a question about "Public Urination" on the Criminal Board.

IAAL

 

[LegalBeagle]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by I AM ALWAYS LIABLE:
Yeah, it's so quiet today that I'm actually considering responding to a question about "Public Urination" on the Criminal Board.
<HR></BLOCKQUOTE>

so sorry.. I just could not resist

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by LegalBeagle:
so sorry.. I just could not resist <HR></BLOCKQUOTE>


My response:

That's okay . . . the next Public Urination
"Answer Fest" begins at 5:00 p.m. today. It's a wonderful subject. Oh, how I miss having snow outside!

IAAL

 

[LegalBeagle]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by I AM ALWAYS LIABLE:
That's okay . . . the next Public Urination "Answer Fest" begins at 5:00 p.m. today. It's a wonderful subject. Oh, how I miss having snow outside!
<HR></BLOCKQUOTE>

When was the last time CA got snow ? Does it burn up in all that smog over LA ? scary ..

 

[LegalBeagle]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by I AM ALWAYS LIABLE:
Yeah, it's so quiet today that I'm actually considering responding to a question about "Public Urination" on the Criminal Board.
<HR></BLOCKQUOTE>

You just were not able to hold out yourself huh ??

 

[lillian]

Legalbeagle and IAAL, Does a slow day mean that you two might be able to look at my problem? I was really looking forward to any helpful information you might have about my situation that I posted on 08/24 (icwa problem). I have a hearing coming up soon to discuss jurisdiction matters- and I'm getting a little nervous about it all. I have lawyers, I love them, and we have a strong case with everything in my favor, but signals I'm picking up tell me that if my case can't stay in state court, noone will be able to help me. I would love some encouraging information. Do either of you have any? Thanks

 

[lillian]

Legalbeagle and IAAL, Does a slow day mean that you two might be able to look at my problem? I was really looking forward to any helpful information you might have about my situation that I posted on 08/24 (icwa problem). I have a hearing coming up soon to discuss jurisdiction matters- and I'm getting a little nervous about it all. I have lawyers, I love them, and we have a strong case with everything in my favor, but signals I'm picking up tell me that if my case can't stay in state court, noone will be able to help me. I would love some encouraging information. Do either of you have any? Thanks

 

[LegalBeagle]

lillian, The problem here is that you are dealing with a culture that was nearly wiped out from their homelands.. the result was an incrediable amount of power by todays standards. I have read numourous cases on this subject and have seen some wacky decisions.

First of foremost, the bio mom has to be a certain part indian. Some tribes it must be 1/32 others are 1/64 .. second, the court has to give up jurisdiction and I believe in your case, they probably will not as there is a history of the aunt trying to get custody and also evidence of the bio mom not being a fit parent.

When is the court date ?

------------------
Psst.. I am not an attorney, and even if I was, I would not tell you. Which technically could mean I am an attorney, but I would not tell you either way. What I am giving you is not legal advice in anyway. For proper legal advice, retain a person who openly admits they are an attorney.

[This message has been edited by LegalBeagle (edited August 29, 2000).]

 

[lillian]

Legalbeagle-
Wacky isn't quite how I'd describe what I've been reading about ICWA lately...
I don't know what percentage indian biomom is, but I do know that biomom's mother is an actual registered member of their tribe, and that both baby and biomom are eligible for membership, and that the tribe is willing to interfere.
Courtdate to determine the applicability of ICWA is set for 09/27, and there is no longer a hearing set for the permanant guardianship. back in January, the judge ordered me, the aunt&uncle and biomom to get custodial evaluations by a psychiatrist, but the Dr.couldn't meet the deadline, and the hearing was continued "generally". It wasn't the Dr.'s fault- aunt&uncle won't go to all of their sessions, and biomom has never even started the sessions, and a hearing won't get set until the Dr. submits a report and reccomendation. Now they're all saying that they don't have to anymore because the case will go to tribal court where it won't matter anyway. The Dr. says that some parties never finish, and just stop pursuing their cases. they seem to want to continue the case, but not complete the custody eval. How long do you think somebody should have to complete an evaluation of 5 sessions?

 

[lillian]

Legalbeagle-
Wacky isn't quite how I'd describe what I've been reading about ICWA lately...
I don't know what percentage indian biomom is, but I do know that biomom's mother is an actual registered member of their tribe, and that both baby and biomom are eligible for membership, and that the tribe is willing to interfere.
Courtdate to determine the applicability of ICWA is set for 09/27, and there is no longer a hearing set for the permanant guardianship. back in January, the judge ordered me, the aunt&uncle and biomom to get custodial evaluations by a psychiatrist, but the Dr.couldn't meet the deadline, and the hearing was continued "generally". It wasn't the Dr.'s fault- aunt&uncle won't go to all of their sessions, and biomom has never even started the sessions, and a hearing won't get set until the Dr. submits a report and reccomendation. Now they're all saying that they don't have to anymore because the case will go to tribal court where it won't matter anyway. The Dr. says that some parties never finish, and just stop pursuing their cases. they seem to want to continue the case, but not complete the custody eval. How long do you think somebody should have to complete an evaluation of 5 sessions?

 

[lillian]

PS...do you know why my posts keep coming up twice? I'm certainly not typing them up or submitting them twice. What am I doing wrong?