due process rights

[richelledunaway]

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

I was wondering where I might find info regarding the constituitional right to due process as it relates to child custody/visitation cases.

 

[Ohiogal]

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

I was wondering where I might find info regarding the constituitional right to due process as it relates to child custody/visitation cases.

What exactly? Because due process is the ability to have a case and hearing and present evidence. Or waive said right.

 

[LdiJ]

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

I was wondering where I might find info regarding the constituitional right to due process as it relates to child custody/visitation cases.

Due process is due process. It applies to all court actions, not just custody/visitation cases.

 

[richelledunaway]

appeals and due process

i am currently preparing an appellant brief for my court of appeals case. i intend to argue that i was denied my right to due process.

the main arguments being that i was not allowed a hearing, even when our state law clearly requires a hearing prior to ruling, on at least 2 occasions; and the circuit court has summarily denied every motion i filed even when state law/case law provides that the court must find facts, state specifically, etc...how they reached their decision.

i will likely also argue denial of due process related to assistance of counsel.

it is my understanding that ineffective assistance of counsel applies only to criminal cases and that in a civil case my argument would have to be that counsel's actions caused a denial of due process.

i am looking for case law/constitutional law. i assume i need to reference the constitutional amendment(s) which address due process.

is the definition above the legal definition? is there a definition within the law itself that i can refer to?

 

[richelledunaway]

attorney

i had an attorney at the time of the custody hearing. she called no witnesses on my behalf, failed to object to admission of evidence that
should not have been allowed, failed to raise and therefore preserve numerous issues for appeal, failed to inform me of my right to hearing on objections nor argue that right on my behalf;

then motioned to withdraw and stopped working on my behalf a couple
days before time expired to file the next motion
(and before the order allowing her to withdraw)

 

[2Mistakes]

What was your attorney's reason for withdrawing from your case?

 

[20pilot]

ASSuming everything you are saying is accurate: You will have a case against the lawyer that needs to be taken up with the state bar or a direct malpractice claim against her. If a better outcome for your domestic relations case is your goal, your current course of action through the appeals court seems seems highly counterproductive.

Custody is something that can be changed at any time due to a change in circumstances. What are you trying to accomplish through the appeal? The appeals court is not going to grant you custody. The most they will do is order the lower court to review the case. By going this route, you are just creating a much higher bar for yourself than you would have otherwise.

I suspect your real beef is that the lower courts are no longer taking you seriously. Have you considered what the reason is? Could it be that they have a good reason based on how you have been behaving? Have you had an attorney review your entire case and give you an honest opinion? If no lawyer is willing to take your case or even talk to you, have you considered why? You need to get past the conspiracy of lawyers and judges and take a real objective look at the situation.

 

[proud_parent]

FYI, OP is the one who relocated with the children from KY to MT without prior permission of the father or the Court. In one of her previous threads, she admitted to involving the children in researching communities and schools in MT -- again, without having first secured permission to move.

Much info about the case and OP's displeasure with her attorney may be found here: https://forum.freeadvice.com/child-custody-visitation-37/keeping-my-babies-420053.html

 

[pittrocks]

Hmmm...maybe she never PAID her attorney.

That would be a reason for withdrawal.

Or perhaps she just never took the legal advice that was given her and the attorney is done with talking to a brick wall.