? about attorney on record

[doc2b]

I would say its a due process issue. The judged signed something without mom getting to be heard because mom's attorney apparently made a mistake.

The judge has to give mom's attorney the opportunity to argue that mom shouldn't be punished for the attorney's mistake...and dad's attorney will have the opportunity to argue the reverse.

Oh, yeah...that pesky little thing called due process

 

[doc2b]

Update and question

The emergency hearing happened yesterday. Judge almost overturned the court order she signed last month, but dad's attorney convinced her to at least let him have a couple more weeks with the kids. So now, he has to return them to MI in 2 weeks (he is absolutely devastated-I've never seen him like this). There was supposed to be an initial hearing regarding the change in domicile motion he filed the same day that they are due back, but the judge apparently wants to skip that step and go directly to evaluations (which is good, I guess-I'm assuming she wants this thing taken care of for the kids' sake). Dad's attorney thinks that it may take about 3 weeks to get evaluations done, and another few weeks to come to a decision (this is a modest estimate, it could be a couple months or more). In the meantime, the original court order stands.

Dad is out of state and unable to get up to visit the kids regularly (we're 750 miles away), not to mention the new baby is due end of this month and he and I are both afraid to leave me here alone with our 15 mo. old, at least until the new baby comes (I don't have any family or friends locally in case something happens). Dad spoke to his attorney about trying to get a temp. order until the final determination is made, but he seems to think that this will somehow make dad look bad. Maybe I'm just being silly, but wouldn't it look worse if dad just sat back and did nothing and let mom develop status quo? The kids have been in his care the majority of the time since the divorce up until his transfer (in July), and now there's nothing in place at all to allow him visitation down here while things are being finalized. Is there something else he should be asking his attorney to do to keep proactive? (He and I like this guy a lot, and he's a great person and attorney overall, but fairly new to the profession and not a lot of experience in family law, from what we've learned).

Also, he and I will both have to travel up to do the evaluation, but we have no idea whether they will see us both at the same time or separately. Anyone have some idea how it will work? I know the point of the evaluations is to observe and interview, but do they want to see dad separately from stepmom? I'm assuming if I haven't delivered yet, they're not going to expect me to make the trip until after baby is born for safety reasons (I would hope at least). I've been given the okay to drive up there until 38 1/2weeks if necessary, but that's only 2 weeks away, and I can barely get my butt to the grocery store and back without feeling half dead. Also, how much are we looking at needing to borrow for these evaluations? We've tapped out nearly all of our family members and my credit card is maxed...we're basically drowning right now in attorney fees and medical bills.

Any thoughts on any of this would be appreciated!

 

[doc2b]

Any opinions on whether he should ask his attorney to try for a temp. order until permanent custody arrangements are decided by the court? His attorney's reasoning for not doing this is that it would likely be a waste of money and the court would see it as a waste of time since there is already a case in progress...and I can see that point. But, will it look like he's disinterested if he's not pursuing some kind of visiation arrangements in the meantime?

Thanks