Is it just about the $$$???

[fairisfair]

If you are actually capable (doubt it) Go ahead and post the authority you are basing your rebuttal on...case law, statutes, cs guidelines we will all be waiting for something more that your vague allegations and baseless nitpicking

oh poo poo SeePee, go back over to the drunks and speeders. Where is YOUR legal contribution here?

 

[cepe10]

there is a significant difference in the case law and statutes that fairisfair posted (I should know and the personal diatribe posted by Teresa. While some of her information may be based on factual possiblity, every case is different and general statements such as the ones that she made, may lead the poster to think that it applies to his specific case as well.

Ridiculous! I doubt the poster is going to take anything here as absolute authority since this is a forum for "consumer's to share similar legal experience" The suggestions may well apply and certainly won't hurt for the OP to check into. You didn't post any statutes and the case law you posted contradicts what some of the "senior posters" as well as yourself are insinuating with the cryptic nit picking.

 

[cepe10]

there is a significant difference in the case law and statutes that fairisfair posted (I should know and the personal diatribe posted by Teresa. While some of her information may be based on factual possiblity, every case is different and general statements such as the ones that she made, may lead the poster to think that it applies to his specific case as well.

PS. Hey, who took off my yawny post?? OMG does that mean I have been . . . . . . .reported?? Forgive me my transgressions M!!!

You should look up what diatribe means before using it in a sentence as it would apply to some of the "senior posts" rants but not to Teresa's posting awwhh the danger of copying belize breeze words without knowing their meaning

 

[fairisfair]

Ridiculous! I doubt the poster is going to take anything here as absolute authority since this is a forum for "consumer's to share similar legal experience" The suggestions may well apply and certainly won't hurt for the OP to check into. You didn't post any statutes and the case law you posted contradicts what some of the "senior posters" as well as yourself are insinuating with the cryptic nit picking.

you aren't even worth a response, you know nothing about family law.

 

[fairisfair]

You should look up what diatribe means before using it in a sentence as it would apply to some of the "senior posts" rants but not to Teresa's posting awwhh the danger of copying belize breeze words without knowing their meaning

diatribe:

discourse, short ethical treatise or lecture, debate, argument.

Perhaps you might want to re enroll in school SeePee, many words have more than one meaning.

But thanks for the comparison to Belize, I find that QUITE flattering.

 

[TheresaTeee]

Explanation of my response more detailed

Ok, Hi, I am now the topic of conversation, lets quiet some things down a bit and let me explain further as it seems my fingers typed slower than my brain.

I could not afford an attorney in the beginning of my ex husband petition for custody, i went to the hearing, explained to the judge that i did not have sufficient time or finances to hire an afford an attorney. The judge then postponed the hearing giving me 20 days to try and find an attorney. Upon my return, i showed proof of several attorneys i met with and could not afford, he then gave me the opportunity for a court appointed lawyer. Upon meeting this "lawyer" i decided to argue the case myself.

I would take all papers served by my exes lawyer and approach them in a manner more understandable to me......i broke it down paragraph by paragraph and prepared my answers**************and submitted them, using the proper response form which i researched through the internet and many phone calls to the court house itself

Two year later, my ex decided to fight for custody again......and at this point my girls were 12 and 13. We both argued for the custody of said children and were both proven fit parents, however, his reasoning for custody was spiteful. The judge then appointed a custodial law guardian to speak on the childrens behalf. They were asked about each residence, where they would like to be, and why. They were also asked questions regarding abuse, emotional and physical of each of us and how we spoke of each other. It was then determined that the children would remain in my custody.

One year later**************I was moving out of state**************.again back to court. The judge once again appointed a law guardian to see the childrens desires and wants. the guardian spoke both with me, my fiance at the time and my ex and his wife. At the final custody hearing, the legal guardian spoke for the children, one wished to remain in NY with her father adn the other with me in Virginia. Prior to this ruling, I was informed by the judge that shoudl the children come with me, it was then my responsibilty to make sure they were at their fathers for their court appointed visitation rights.

All this is personal experience which took place in Kings County Family Court in Brooklyn, New York. Any and all hearings afterwards must begin in this court as it is where the orders began. Perhaps I had the right people, the right wording, or it was just an angel on my shoulder, but this is all personal experience and if i knew where to begin to look for the specific laws I would.
My statements were not made to be fact or law, they were advice that all is not lost because an attorney cannot be afforded. My statements were my personal experience with the NYC Family Court system regarding custody and relocation. These experiences were meant to be used as a stepping stone in finding more information.

 

[Just Blue]

Ok, Hi, I am now the topic of conversation, lets quiet some things down a bit and let me explain further as it seems my fingers typed slower than my brain.

I could not afford an attorney in the beginning of my ex husband petition for custody, i went to the hearing, explained to the judge that i did not have sufficient time or finances to hire an afford an attorney. The judge then postponed the hearing giving me 20 days to try and find an attorney. Upon my return, i showed proof of several attorneys i met with and could not afford, he then gave me the opportunity for a court appointed lawyer. Upon meeting this "lawyer" i decided to argue the case myself.

I would take all papers served by my exes lawyer and approach them in a manner more understandable to me......i broke it down paragraph by paragraph and prepared my answers**************and submitted them, using the proper response form which i researched through the internet and many phone calls to the court house itself

Two year later, my ex decided to fight for custody again......and at this point my girls were 12 and 13. We both argued for the custody of said children and were both proven fit parents, however, his reasoning for custody was spiteful. The judge then appointed a custodial law guardian to speak on the childrens behalf. They were asked about each residence, where they would like to be, and why. They were also asked questions regarding abuse, emotional and physical of each of us and how we spoke of each other. It was then determined that the children would remain in my custody.

One year later**************I was moving out of state**************.again back to court. The judge once again appointed a law guardian to see the childrens desires and wants. the guardian spoke both with me, my fiance at the time and my ex and his wife. At the final custody hearing, the legal guardian spoke for the children, one wished to remain in NY with her father adn the other with me in Virginia. Prior to this ruling, I was informed by the judge that shoudl the children come with me, it was then my responsibilty to make sure they were at their fathers for their court appointed visitation rights.

All this is personal experience which took place in Kings County Family Court in Brooklyn, New York. Any and all hearings afterwards must begin in this court as it is where the orders began. Perhaps I had the right people, the right wording, or it was just an angel on my shoulder, but this is all personal experience and if i knew where to begin to look for the specific laws I would.
My statements were not made to be fact or law, they were advice that all is not lost because an attorney cannot be afforded. My statements were my personal experience with the NYC Family Court system regarding custody and relocation. These experiences were meant to be used as a stepping stone in finding more information.

Thanks T!!!!!

So tell me...What do you think of your fan club???

 

[Silverplum]

Ah! SAME STATE experience!! Excellent, Theresa. Most pleasing.

Ok, Hi, I am now the topic of conversation, lets quiet some things down a bit and let me explain further as it seems my fingers typed slower than my brain.

I could not afford an attorney in the beginning of my ex husband petition for custody, i went to the hearing, explained to the judge that i did not have sufficient time or finances to hire an afford an attorney. The judge then postponed the hearing giving me 20 days to try and find an attorney. Upon my return, i showed proof of several attorneys i met with and could not afford, he then gave me the opportunity for a court appointed lawyer. Upon meeting this "lawyer" i decided to argue the case myself.

I would take all papers served by my exes lawyer and approach them in a manner more understandable to me......i broke it down paragraph by paragraph and prepared my answers**************and submitted them, using the proper response form which i researched through the internet and many phone calls to the court house itself

Two year later, my ex decided to fight for custody again......and at this point my girls were 12 and 13. We both argued for the custody of said children and were both proven fit parents, however, his reasoning for custody was spiteful. The judge then appointed a custodial law guardian to speak on the childrens behalf. They were asked about each residence, where they would like to be, and why. They were also asked questions regarding abuse, emotional and physical of each of us and how we spoke of each other. It was then determined that the children would remain in my custody.

One year later**************I was moving out of state**************.again back to court. The judge once again appointed a law guardian to see the childrens desires and wants. the guardian spoke both with me, my fiance at the time and my ex and his wife. At the final custody hearing, the legal guardian spoke for the children, one wished to remain in NY with her father adn the other with me in Virginia. Prior to this ruling, I was informed by the judge that shoudl the children come with me, it was then my responsibilty to make sure they were at their fathers for their court appointed visitation rights.

All this is personal experience which took place in Kings County Family Court in Brooklyn, New York. Any and all hearings afterwards must begin in this court as it is where the orders began. Perhaps I had the right people, the right wording, or it was just an angel on my shoulder, but this is all personal experience and if i knew where to begin to look for the specific laws I would.
My statements were not made to be fact or law, they were advice that all is not lost because an attorney cannot be afforded. My statements were my personal experience with the NYC Family Court system regarding custody and relocation. These experiences were meant to be used as a stepping stone in finding more information.

 

[TheresaTeee]

Thanks T!!!!!

So tell me...What do you think of your fan club???

Gee some of them seem to want to take my head off**************.....perhaps instead of jumping down someones throat they shoudl ask for clarification**************and I reread my original post and while the information i just posted wasnt clear enough, in the last line it states that it took place in NYC**************.....so those who jumped down my throat for not using same state info need to jump on out and find another victim**************.....
thank you for helping see the necessity in clarifying things**************

 

[Ohiogal]

What is the name of your state? NY
I was just thinking about everything that a ncp has to endure in trying to get more visitation/say/anything in their childrens' lives when dealing with an embittered, hostile cp and I am just so filled with despair right now. Forgive me but my faith in the legal system is a little bit flawed right now. I don't know what the future holds, but what I DO know is that it is a very harsh reality that I may, in the near future, only see my kids for the spring and summer vacations, especially if the cp makes a concerted effort to leave. She makes more money than I do and can afford a decent lawyer; does that mean that, because I can't afford a long battle in court, that I have to let my kids go, and we all know how busy pro se lawyers are and how far they go for their clients- I have seen that you get what you pay for.

Until you made this bull**** statement I was considering helping you but because I am an attorney and not getting paid for this you apparently already know what my advice will be. I have many pro se clients by the way and not one of them has complained about my work for them. Instead I have received thank you cards and letters after winning their cases for them. But since they didn't pay me apparently that doesn't mean much. Right?

I'm trying to be the bigger person and think, ok better school system, nicer environment than the city...but- I AM NOT GOING TO SEE MY CHILDREN! She already tries to alienate me from them, calls me a sperm donor in their presence, belittles me, etc., you really have no idea how bad it gets- she probably tried the same tactic on her new husband which is why he left. Ok I'm venting now, but I guess my other question would be, under what circumstances will a cp be allowed to move out of the state? What issues can I raise to prevent this from happening? How much of a role does $$ play into it, ie, she bought a new house (just throwing that out there I really don't think so), especially when there's no family or any other influencing feature other than getting my children as far away from me as possible? What about if my wife and I are expecting? Isn't there a need to foster sibling relationships? This is getting long and I have to get ready for work. Looking forward to your responses.What is the name of your state?

You can look at paying an attorney because after all any free advice you get won't be worth much if anything because you know about that. Also from the advice a few have given you, if you follow it you are already screwed. While I am an attorney some others that have responded are not.

 

[Ohiogal]

Gee some of them seem to want to take my head off**************.....perhaps instead of jumping down someones throat they shoudl ask for clarification**************and I reread my original post and while the information i just posted wasnt clear enough, in the last line it states that it took place in NYC**************.....so those who jumped down my throat for not using same state info need to jump on out and find another victim**************.....
thank you for helping see the necessity in clarifying things**************

Good for clarifying however civil cases in family court do not qualify for appointed counsel so OP demanding an attorney from the judge is not going to get him very far. And the attorney for the children was basically a guardian ad litem -- are all GALs attornies in NY?

 

[BL]

Good for clarifying however civil cases in family court do not qualify for appointed counsel so OP demanding an attorney from the judge is not going to get him very far. And the attorney for the children was basically a guardian ad litem -- are all GALs attornies in NY?

Ohio , in NY if a Party in a Family Court civil case is indigent they can be screened an approved for free council . Often times when a Judge ask the Party if they have an Attorney and they say they can't afford one , the Judge will ask what source of income they have . If the Judge believes they might qualify for " an appointed Attorney " , they will send the Party to be screened for it .

A Party can certainly request it , but I wouldn't go in there demanding anything , or getting on the Judges nerves .

Also , the Party can receive counsel " as a poor person " on appeals.

Heck , i've seen once qualified , a Judge tell the bailiff to go find an attorney in the hallway .

 

[GrowUp!]

Ohio , in NY if a Party in a Family Court civil case is indigent they can be screened an approved for free council . Often times when a Judge ask the Party if they have an Attorney and they say they can't afford one , the Judge will ask what source of income they have . If the Judge believes they might qualify for " an appointed Attorney " , they will send the Party to be screened for it .

A Party can certainly request it , but I wouldn't go in there demanding anything , or getting on the Judges nerves .

Also , the Party can receive counsel " as a poor person " on appeals.

Heck , i've seen once qualified , a Judge tell the bailiff to go find an attorney in the hallway .

The 6th Amendment to the US Constitution provides a CRIMINAL defendant the right to effective counsel. There is no right to appointed counsel in civil trials. Now, if a parent is brought up on show cause for contempt charges, that is criminal. Normal parenting proceedings (establishing parental rights and responsibilities) is strictly civil. If NY is appointed counsel for civil trials...I can imagine how bogged down the system is.

 

[Rushia]

The 6th Amendment to the US Constitution provides a CRIMINAL defendant the right to effective counsel. There is no right to appointed counsel in civil trials. Now, if a parent is brought up on show cause for contempt charges, that is criminal. Normal parenting proceedings (establishing parental rights and responsibilities) is strictly civil. If NY is appointed counsel for civil trials...I can imagine how bogged down the system is.

That is how it works here. Hell, in my case, gramma got a court appointed attorney for visitation. Just think, my tax dollars are paying for her to sue me.

 

[GrowUp!]

That is how it works here. Hell, in my case, gramma got a court appointed attorney for visitation. Just think, my tax dollars are paying for her to sue me.

Appalling. To say the least. As f-ed up as Ohio is, I am glad they don't do that here.