Misrepresentation, failure to disclose & more

[Benray]

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

I have recently had a court date in which I asked my attorney to subpeona dcf and child psychologists records to clear my name of maliscious accusations and expedite dna results. The following court date I asked the judge about the requests and she stated "there was no motion filed for any of that."

When I asked my lawyer about these subpeonas & expedited dna he simply said, "I can't do this anymore." A week later I received a letter requesting to withdraw from my case.

I've been going to court for custody of my daughter for over two and half years and since then my lawyer has done what's mentioned above plus everything I list below...

- Failed to file to hold mother in contempt (I had to file myelf)
- Failed to reschedule a trial date after we were snowed out
(I had to reschedule myself again)
- failed to subpeona dcf report (I'm unable to)
- failed to subpeona child psychologist report (I'm unable to)
- failed to disclose that the mother previously attempted suicide &
had never been evaluated or treated.
- failed to disclose that the mother previously was arrested &
charged with "risk of injury to a minor."
- changed or discarded previous motion for custody I filed before hiring
this attorney (learned in court by the judge at the trial at which he
never showed before his hearing to withdraw)
- tried to cut/force agreement without my approval (found out in front of
the judge when I said, "No, I do not agree")

If that's not enough to get my point across there's more, but that's the majority of the misrepresentation & failure to disclose.
We go to the hearing for his withdrawal soon & would like to know what I could do/say/ask to expose him to the maximum/hold him accountable, plus recoupe any/all my loss time/money ... "any help/input would be greatly appreciated."

 

[Proserpina]

To be perfectly honest, it sounds as if your attorney was actually looking out for you.

S/he may have realized that what you're asking for may not be realistic, or relevant.

By all means make a complaint to the State Bar.

 

[Benray]

I am taking it to the state bar, but I want more info to further expose him in court not just for the state bar. This attorney was attempting to sabotage my case & now I need to recoup as much as possible to afford proper representation.

Explain how he was trying to look out for me, how so?...

 

[Proserpina]

I am taking it to the state bar, but I want more info to further expose him in court not just for the state bar. This attorney was attempting to sabotage my case & now I need to recoup as much as possible to afford proper representation.

Explain how he was trying looking out for me, how so?...

What reason would the attorney have to sabotage your case?

The problem is many clients - much like many patients in the medical world - think they know what's best and make unreasonable demands. Then they complain when the provider doesn't do what they ask them to do - even when not doing something is in the client's best interest.

One or two items you mention frankly wouldn't hold much water at all in a custody case, for example - raising them might have been seen as nothing more than an attempt to fling mud at the other parent. Plus, you've mentioned that you've been going at this for 2+ years - there's a good chance the attorney knows that the surface issues are now non-issues and was trying to focus on other issues.

Spend some time reading the Custody/Visitation section of the forum; you'll learn what does and doesn't matter in a custody case.

 

[justalayman]

Explain how he was trying to look out for me, how so?...

why are you dealing with DNA more than two years after the inception of this case?

None of the other issues should have been part of your case until any question that DNA was needed for was resolved.

has paternity actually been established? If so, why are you concerned with DNA results. If not, then why has anything concerning custody taken place?

 

[Benray]

What reason would the attorney have to sabotage your case?

That's a question I've been wanting the answer too, I never gave him reason to dislike me as he was previously a family friend so your guess is as good as anyones. I've found out since that my lawyer works with my ex's female cousin and he used to be a lead officer for legal aid of which my ex's lawyer is from so who knows???...

why are you dealing with DNA more than two years after the inception of this case?

I'm not dealing with DNA more than two years later in terms of paternity...in the spring of this year we were scheduled for custody trial, but the mother took my daughter a week pryor to the hospital after I dropped her off from my scheduled parenting time and stopped the trial by making false maliscious alligations of sexual abuse. She made my daughter undure an exam she's not supposed to have until later in her life and they took dna samples in that exam. Now the system is using that DNA result to block me from any visits since..."tha's why I wanted the DNA results expedited" to prove I'm innocent and the mother of maliscious alligations, possibly getting a change of custody.

Then my attorney along with everyone else is suggesting supervised vistitations at $50 an hour for two hours a week for 3-4 months, but I can't afford to pay that on top of my current child support order. This instead of just expediting the results and getting to the bottom of the truth. It's like they don't want the mother being held responsible and charged/jailed or a change of custody to happen despite all the evidence before them.

has paternity actually been established? If so, why are you concerned with DNA results. If not, then why has anything concerning custody taken place?

Yes, parternity has been established 3 yrs ago, but that's obviously not what's holding up this case. It's the DNA kit the police/hospital administered to my daughter back in the spring.

 

[Proserpina]

That's a question I've been wanting the answer too, I never gave him reason to dislike me as he as he was previously a family friend so your guess is as good as anyones. I've found out since that my lawyer works with my ex's female cousin and he used to be a lead officer for legal aid of which my ex's lawyer is from so who knows???...

I see no conflict of interest and no reason to sabotage you. The most logical conclusion is that there is no sabotage going on.

I'm not dealing with DNA more than two years later in terms of paternity...in the spring of this year we were scheduled for custody trial, but the mother took my daughter a week pryor to the hospital after I dropped her off from my scheduled parenting time and stopped the trial by making false maliscious alligations of sexual abuse. She made my daughter undure an exam she's not supposed to have until later in her life and they took dna samples in that exam. Now the system is using that DNA result to block me from any visits since..."tha's why I wanted the DNA results expedited" to prove I'm innocent and the mother of maliscious alligations, possibly getting a change of custody.

This would have been good to know.

You must realize that even if DNA excludes you, this is not a reason to change custody. Obviously there was reason enough to suspect abuse, hence filing a complaint of malicious prosecution/similar isn't going to go anywhere.

In this situation, supervised or no visitation is actually appropriate. I'm sorry, because that's rotten for you, but that's how it works.

Then my attorney along with everyone else is suggesting supervised vistitations at $50 an hour for two hours a week for 3-4 months, but I can't afford to pay that on top of my current child support order.

That was actually a solid suggestion. You cannot blame your attorney for not being able to afford the supervised visitation.

This instead of just expediting the results and getting to the bottom of the truth. It's like they don't want the mother being held responsible and charged/jailed or a change of custody to happen despite all the evidence before them.

You can't force the court to go any faster - truly, you really can't. Not when there is suspected child abuse.

I'm not seeing ANY wrongdoing from Mom. She's not going to jail.

Yes, parternity has been established 3 yrs ago, but that's obviously not what's holding up this case. It's the DNA kit the police/hospital administered to my daughter back in the spring.

Has the DNA actually come back yet? Do you realize that DNA testing in real life is not like on TV? It can take months, depending on the lab's case-load.

 

[Benray]

This would have been good to know.

You must realize that even if DNA excludes you, this is not a reason to change custody. Obviously there was reason enough to suspect abuse, hence filing a complaint of malicious prosecution/similar isn't going to go anywhere.

In this situation, supervised or no visitation is actually appropriate. I'm sorry, because that's rotten for you, but that's how it works.

The DNA does exlude me, but my attorney did not ask the judge for an expedited DNA result to avoid the supervised visitations..."tha's in my and my daughters best interst isn't it?"... You also have to remember this is in conjunction with the DCF and the child psychologists reports that state the child was not victimized and that she was being coached. How are you not seeing any wrong doing here?...

That was actually a solid suggestion. You cannot blame your attorney for not being able to afford the supervised visitation.

How is this a solid suggestion over an expedited DNA result motion that would prove/disprove any alligations much faster and remove the need for unjustified supervised visitations?...

Has the DNA actually come back yet? Do you realize that DNA testing in real life is not like on TV? It can take months, depending on the lab's case-load.

No the DNA kit results have not come back yet since the spring and yes I know it can take upwards of a year depending on case-loads that's the purpose of expediting the DNA process. If the DNA has come back they're doing everything they can to keep me from finding out or at least discourage me from asking for them. Why would my attorney NOT ASK FOR AN EXPEDITED DNA RESULT?!...it don't make any sense at all

Problem is someone is responsible for doing something as they found evidence, so what happened and who was responsible?... they're dragging they're feet while my lil girl is still at risk, in danger or still being abused while I can't do a thing to protect her and they won't. I've asked the court to remove my daughter from the mothers house and place her in protective custody until this is resolved, but the judge said "she didn't see any reason for it."...smh Just because there's alligations doesn't mean they're true, so why not get to the bottom of the truth immediately...

 

[Proserpina]

Ok, which is it?

The DNA has come back and excluded you, or it hasn't come back yet?

And first you're saying that there's no evidence that she was victimized and that she was coached ....

....and then you're saying that there IS evidence of abuse and that she is at risk.

You've got to keep things straight, Dad. Those two elements are completely contradictory.

 

[Benray]

Ok, which is it?

The DNA has come back and excluded you, or it hasn't come back yet?

And first you're saying that there's no evidence that she was victimized and that she was coached ....

....and then you're saying that there IS evidence of abuse and that she is at risk.

You've got to keep things straight, Dad. Those two elements are completely contradictory.

I'm glad you picked up on that cause that's exactly how they're giving it to me...
The hospital found physical evidence (fluid & a pubic hair), but the police found no DNA evidence linking me and has not charged anyone so far.
DCF & the child psychologist found no evidence of abuse, but did find the child was being coached by the mother..."what gives?"

 

[justalayman]

I'm glad you picked up on that cause that's exactly how they're giving it to me...
The hospital found physical evidence (fluid & a pubic hair), but the police found no DNA evidence linking me and has not charged anyone so far.
DCF & the child psychologist found no evidence of abuse, but did find the child was being coached by the mother..."what gives?"

Ok, so your child was molested.

but again, you claim the police found no DNA linking you to the molestation and in another post you say the DNA evidence is not back yet. If it isn't back yet, then you cannot be excluded via DNA evidence.

beyond that, that doesn't mean you were not involved in the molestation. It simply means (if you had been involved) that either you left no evidence or you were simply a party to the event but not the actual molesting.

and bodily fluids and a pubic hair IS evidence of abuse.

 

[Benray]

Ok, so your child was molested.

but again, you claim the police found no DNA linking you to the molestation and in another post you say the DNA evidence is not back yet. If it isn't back yet, then you cannot be excluded via DNA evidence.

beyond that, that doesn't mean you were not involved in the molestation. It simply means (if you had been involved) that either you left no evidence or you were simply a party to the event but not the actual molesting.

and bodily fluids and a pubic hair IS evidence of abuse.

I don't know if she was molested for sure, I believe she was used as a pawn by the mother and evidence planted..."sick as it may be."...hence the coaching

The police dropped the case, but can offer me no info as far as the DNA results coming back. They even avoid my calls and never call me back.
I'm probably gonna have to visit internal affairs into their lack of professionalism and reason for not telling me about any results.

Your "beyond that" comment lines up perfectly with my pawn comment which makes more sense for my attorney to put in a motion to expedite the DNA process..."don't you think?"...WHY WOULDN'T HE PUT IN THE MOTION?"...ANSWER THAT ONE

 

[Proserpina]

I don't know if she was molested for sure, I believe she was used as a pawn by the mother and evidence planted..."sick as it may be."...hence the coaching

The police dropped the case, but can offer me no info as far as the DNA results coming back. They even avoid my calls and never call me back.
I'm probably gonna have to visit internal affairs into their lack of professionalism and reason for not telling me about any results.

Your "beyond that" comment lines up perfectly with my pawn comment which makes more sense for my attorney to put in a motion to expedite the DNA process..."don't you think?"...WHY WOULDN'T HE PUT IN THE MOTION?"...ANSWER THAT ONE

Probably because it wouldn't have accomplished a darned thing.

I'm not sure why you're not understanding that part.

 

[Benray]

Probably because it wouldn't have accomplished a darned thing.

I'm not sure why you're not understanding that part.

It would've accomplished the following...
- cleared me immediately
- full visitations reinstated
- my child being happy & ended abuse from parental alienation
- avoided any unnecessary supervised visitations
- avoided paying to see my own child
- confirmed someone else is responsible
- strengthen my case

You're not an attorney are you Proserpina?... would you actually agree to garnish somones wages for child support without proving that's his child by DNA results?..."how can you say it won't accomplish a darn thing?"...

 

[Proserpina]

It would've accomplished the following...
- cleared me immediately
- full visitations reinstated
- my child being happy & ended abuse from parental alienation
- avoided any unnecessary supervised visitations
- avoided paying to see my own child
- confirmed someone else is responsible
- strengthen my case

Oh my gosh. No, that is NOT what would happen!

You're not an attorney are you Prosperina?... would you actually agree to garnish somones wages for child support without proving that's his child by DNA results?..."how can you say it won't accomplish a darn thing?"...

First, it's Proserpina.

Second, read the TOS for this site. The VAST majority of posters are NOT attorneys - myself included.

Third, what you think will happen after that DNA comes back is completely unrealistic. There are NO guarantees - and as the other poster said, it doesn't prove that you're innocent. It would simply prove that your DNA wasn't present.

Finally, you've told us that paternity has ALREADY been established - hence you're paying child support. No idea why you even raised that point.

You really, really need an attorney. You're in way over your head and unfortunately you're lacking the knowledge that you'd need to represent yourself in court.

PLEASE start reading the Family Law forums. We CAN help you - but you've got to be willing to learn.