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  #1  
Old 08-31-2009, 02:12 PM
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I believe that malpractice has occured and is documented by the ruling made by the judge. He referenced ohio revised code and stated that the court had to consider a shared parenting plan if presented. My attorney did not present one or advise me of my right to do so. I was not informed about gardian ad litem, home inspection. I did not have a list of witnesses against me and only on Friday before the long scheduled hearing for custody on Monday was I advised that I may want to bring a few character witnesses. My character was impuned and having never been married to the father or him ever paying child support now have shared parenting. HOW DID THAT HAPPEN? I pay my bills and I called my attorney. He NEVER called me or had a meeting with me prior to this. My evidence is his paid bill and the court order showing the many errors that he made in the case .He continued to say that the father had no rights and that he would not get shared parenting since we did not get along. I have been advise to not contest the order only go for modification due to the extreme burden to prove that he is unfit and the extreme expense.I have filed my own motion for modification with the court and the judge replied that I had the right to appeal. Do I have a case against this bozo attorney or should I just file a complaint with the state or should I let it go? If I have a case can someone please tell me who will touch this with a 10 foot pole. Thanks. P4P Ohio What is the name of your state (only U.S. law)?
  #2  
Old 08-31-2009, 02:18 PM
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Quote:
Originally Posted by Pray4patience View Post
I believe that malpractice has occured and is documented by the ruling made by the judge. He referenced ohio revised code and stated that the court had to consider a shared parenting plan if presented. My attorney did not present one or advise me of my right to do so. I was not informed about gardian ad litem, home inspection. I did not have a list of witnesses against me and only on Friday before the long scheduled hearing for custody on Monday was I advised that I may want to bring a few character witnesses. My character was impuned and having never been married to the father or him ever paying child support now have shared parenting. HOW DID THAT HAPPEN? I pay my bills and I called my attorney. He NEVER called me or had a meeting with me prior to this. My evidence is his paid bill and the court order showing the many errors that he made in the case .He continued to say that the father had no rights and that he would not get shared parenting since we did not get along. I have been advise to not contest the order only go for modification due to the extreme burden to prove that he is unfit and the extreme expense.I have filed my own motion for modification with the court and the judge replied that I had the right to appeal. Do I have a case against this bozo attorney or should I just file a complaint with the state or should I let it go? If I have a case can someone please tell me who will touch this with a 10 foot pole. Thanks. P4P Ohio What is the name of your state (only U.S. law)?
to the right of your screen there is a green box (at least my monitor says it's green) that says "Find An Attorney in Your Area" click on that and fill in the information.

on another note, are you saying dad was never established as the father? from the looks of it, the judge may have decided a shared parenting plan was workable. why do you think dad is not capable of being a father?
  #3  
Old 08-31-2009, 03:03 PM
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Thanks for the response. I am not going to fight the shared parenting plan as I stated before. I dont want to live my life in conflict like this. Too short.

Paternity was established. I know I shoulda known better but he lives with his mother and she takes care of EVERYTHING for him. The baby is not abused or neglected (just not up to my high standards of course), but he will fight me on everything and just be a pain. This limits my freedoms to move etc. He has already stated that he does not want the child to attend private school. Have you ever heard the grammer in OHIO?? Conjugation of the verb to see is like speaking chinese here, even for those with an "edumacation." Amazing. He does not act in the child's best interest. There are physical problems with the home, no bedroom for baby, no smoke detectors but those are minor and will not reverse this order.

So you dont think this attorney had the obligation to inform me of the possibility of this happening. That in itself is why I am so distraught. If I had known I would have been prepared and had witnesses to go to court with. I had nothing. This man should have gotten visitation. He stood in my front yard and told me the only reason that he was asking for this was so he did not have to pay child support. His order was for 23/week. and he still has not paid. But as stated I love my son more than I loathe him so that will just have to work itself out. This incompetent boob needs to be held to task so this does not happen to another trusting client.
  #4  
Old 08-31-2009, 03:44 PM
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Join Date: Nov 2007
Posts: 8,419
Quote:
Originally Posted by Pray4patience View Post
Thanks for the response. I am not going to fight the shared parenting plan as I stated before. I dont want to live my life in conflict like this. Too short.

Paternity was established. I know I shoulda known better but he lives with his mother and she takes care of EVERYTHING for him. The baby is not abused or neglected (just not up to my high standards of course), but he will fight me on everything and just be a pain. This limits my freedoms to move etc. He has already stated that he does not want the child to attend private school. Have you ever heard the grammer in OHIO?? Conjugation of the verb to see is like speaking chinese here, even for those with an "edumacation." Amazing. He does not act in the child's best interest. There are physical problems with the home, no bedroom for baby, no smoke detectors but those are minor and will not reverse this order.

So you dont think this attorney had the obligation to inform me of the possibility of this happening. That in itself is why I am so distraught. If I had known I would have been prepared and had witnesses to go to court with. I had nothing. This man should have gotten visitation. He stood in my front yard and told me the only reason that he was asking for this was so he did not have to pay child support. His order was for 23/week. and he still has not paid. But as stated I love my son more than I loathe him so that will just have to work itself out. This incompetent boob needs to be held to task so this does not happen to another trusting client.
i'm sorry, you made me snort a bit of iced coffee up my nose.

it's grammar, conjunction, and "edjumacation" (i hate that word)

wait for others to comment on the attorney acting unethically. i'm kind of one the fence about that.

if dad isn't paying support per the court order, take him to court for contempt.
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