Stepmother! Interest person or not??

[ashley361]

What is the name of your state?TX

Usually my husband post but tonight I have a question. My hubby has custody of 7 yo daughter, mother signed away when 2 yo. Now bio mom wants custody back. This case going on a year now 20,000 and never seen a court room. Is is my question he has great attorney but she is not trying to discount/disqualify Amicus because they do cases together and Amicus is now partner with ex's attorney. It just one big mess. But the main objective to this sitaution are not being address. Amicus works with CPS on cases(mostly recommending removal from home until trial). Amicus husband has contract with CPS for fostering childern has has recieved over 250,000 in 9 months. Perfect set-up I guess wife(Amicus) get hired to investigate, wife(Amicus) removes children from home, husband of Amicus take children in and gets paid $$$$. Isn't this human trafficing?? Trust me I have all evidence to back up my statements down to the contract, affi. from persons involved in other cases, to her own testiments to judge ,papers filed with clerks office, and best yet the office they share is lease in the City Courts Name (Taxpayer paying for private practice? Yes!) I do my homework throughly.. Amicus now sharing office with ex wife atty.(who is a mag. judge) even admitted to being on the stand when Amicus clients are on trail. By the way our Amicus is a Crimal and Immigaration Atty. Not sure how that relates to children and family law but this is TX. ***Papers filed ask is there anyone else who can show interest in this case*** Since I care for my stepdaugher 99% of the time, can I find another attorney or file a Pro S. since I am not a listed party in the case. Since, my husband current atty is afraid to step on toes with business assc. All evidence presented in court that day was done and delivery by me. Amicus stated to judge at disq. hearing she had only met with child and mother. She met with s/d for 30 mins. 1 time but has spent hours with bio mom. She has never met with dad (CP). Even though she stated in the answer to the court all parties have been met with. Am I as a stepparent considered a interested person, as stated in papers? After, many hours int the library, I know I have no legal rights to her but wouldn't I be considered someone relevant info? By the way 1st attempt to have Amicus disq. Judge stated "I have to apologize but I have been a judge for 40 years but I do not know what an Amicus Attorney is". Not regular Judge temp sitting judge. When the judge ask the Amicus the age of child she could not answer. He had to refuse case and set for time when reg. Judge returned since she has knowledge of case. What's the veridict interest party?? My husband really wants me to find out he is at wits end with all of this. As I see it is't better to be diving underwater so you can see the dangers and enemies. Than to be swimming on top not knowing whats in store for you.....

 

[BelizeBreeze]

DUPLICATE POST:
https://forum.freeadvice.com/showthread.php?t=288780

 

[ashley361]

Agreement between Atty's made w/o our consent! Very Long!

TX

My husbands atty stated to us the day we hired her, that we should immediately request for this Amicus Atty. to represent my s/d and agree to pay for this type of lawyer. We did not know that she(s/d) needed an attorney. His atty sent 10 request for review and sign. to opposing side. None of them were returned. Hubby atty then filed motion to have one appointed with the courts, no court date was ever set for this motion. WHY? we are not sure . He was told that for triall on motion to be set, she had to have the signature and approval of other atty. Opposing atty did not feel Amicus was needed, her client did not have funds for this atty, and stated she would only agree to this one atty to be hired. Even though we did not have the funds either, we were forced by hubby's atty to agree to pay 100% of ***APPOINTED*** atty's fee. She stated this would put us in a better standing. My husband atty sent return statement to opposing atty and court that we would not agree to her recommendation for this one atty, we would only allow the jugde to appoint such person. And under extreme pressure agreed to pay 100% of fees. This all took place in the 1st weeks of April. We asked many times about the pending request for appointment, so we could make sure that immed. access to my s/d would be avail. With Summer break coming up we wanted to make sure she was not visiting out-of-state. He heard nothing!! Two weeks after agreeing to pay for this atty, we received a letter from our home mort. co. that due to new taxes, our house payment would be increased by almost $800. We immediately phoned her office to have her pull the request for Amicus. My husband did not think this would be a problem since there was still response from ex's atty and that no date was set for appointment. We were told Amicus is vital to his case and that we must have one. *Note* The motion filed by ex in TX is just suppost to be Mod., there is no supected abuse, drugs, or jail. My husband has been military for 14 years, he enlisted at 17. When researching this type of representation for children; most Professors, Atty's, and other children's organizations did not have any knowledge of an Amicus for child. They thought that I was mistaken, that it had to be a GAL or AAL I was referring too (I was told Amicus Atty's are used to file briefs and other internal works). After speaking with the Military Family Center, where they informed me that org. like CASA and other non-profit help was avail. These services and member could be used if proper training was reconized by the state and courts. He had still had no word from his atty., sent e-mail on the 17th of the month asking if consideration of CASA or others was an opt.. NO REPLY....On the 26th of the same month recvd. letter from her stating @@@@(atty we refused) had been appointed. When I phoned the clerks office to get correct dates of correspondence and filings, I was informed that this appointment was not made by judge. It was an agreement between the 2 atty's and was signed off by the judge on the 20thand filed. Opposing atty drew up the agreement, signed, and faxed it over to my husbands atty. **Note**This was done the 17th!!! The same day we ask for other type of representation options. His attorney did not ask for consent for this agreement nor does she have a POA to make these type of legal decesions on his daughter or his behalf. So, is this a binding aggreement?? Can I file as an interested person to this case?

 

[ashley361]

Interpetation...Local attorneys' scared or no backbone..

TX

Posted question several days ago. Going to court this Mon. to try for disqual. of the Amicus. Did research on the 2nd question of my post and found this as shortest def:

Real party in interest n. the person or entity who will benefit from a lawsuit or petition even though the plaintiff (the person filing the suit) is someone else, often called a "nominal" plaintiff.

Again, I know that stepparents there are little to no rights. Phones several local lawyers to inquire if this would be an option. Most were thrilled with the thought of trying to pursue this angle. The "catch 22" as soon as they informed of the other attys' involved, they back-peddled quickly.

Appartenly, from what we have been informed of from people in the legal community here. My husband and myself are the only ones that have not just bury on nose in the sand and allow this type of corruption (small town politics) or whatever you want to call it.

I am a female, a very intelligent, educated,observant one. I have great admiration for females who have climbed what use to be an all male ladder.
But in this case I would have to strongly disagree. My husband atty-Female-City Council Member, ex-wife atty-Female-Magistrate Judge, Amicus atty-Female-City Council Member, Judge-Female

If I could find an atty with the perverbal b@!!$ to take this challenge, I would have to definitely try and get a male. I went into the military(bootcamp) at 30 years old. Everyone there was only a few years older than my oldest daughter. As hard as it was, I did not quit. Is there any atty's in TX that can do that? Not quit or backdown?

Again, If anyone can advise be do so..Monday is coming quick..