and the news just gets worse!

[Ambr]

Went to visit my lawyer today to ask about the appeals - from losing custody last summer.

It appears that my lawyer was somewhat distracted and although he filed the initial paperwork for my appeal, he failed to file the follow up for the appeal. They dismissed my case the last of December. So - there is no hope for the appeals case.

To top things off - the ex sent a letter to his lawyer, who in turn wrote mine, stating that i was going to kidnap the kids and change their identities. that he is in fear everytime that he lets me see the kids. (FYI - i have been keeping a journal with a log of the time and he has denied me 296 hours.)

The only suggestion that I have received - to get a new lawyer and file for a change in custody. on the grounds of emotional abuse - which is going to require psychological testing for the kids, me, and the ex - and on the grounds of the denied visitation and basic "brain washing" of the kids.

my favorite thing that he has said to me. for me to get over it and to leave the kids alone. they are well adjusted and the sooner that i realize that the better off the kids would be. followed up with the statement - i should not worry about his kids because they are fine.

i set up counseling for the kids and he refuses to take them and refuses to let me pick them up to take them.

any ideas????

 

[Grandma B]

Oh, Ambr, I could cry! This whole situation is like a bad dream. Not only was that judge out of his ever-lovin' mind, you shouldn't be required to lose again because an attorney, to whom I'm sure you paid a sizeable sum, failed to do their job.

Your suggestions for proceeding sound good. Is there a given length of time before you can file anything further?

Hang in there, and remember: Time wounds all heels

 

[Esimon1]

my idea- Sue the attorney that messed it up for you! If he were your doctor, and said "oops, I forgot something" you would have a malpractice suit. Use the money you get back, should you win the case, to contact the bar assoc. and hire one that will be competent!

 

[I AM ALWAYS LIABLE]

My response:

Ambr, did you pay for the trial transcript and the appellate filing costs?

Did you pay your retainer agreement legal fees?

IAAL

 

[Ambr]

the attorney was paid in full. i paid for a copy of the transcript from the original hearing. they sent the tapes off to have it done in jefferson city.

he said that he filed the initial paperwork, but he was sidetracked and didn't finish with the follow up papers. whatever that much means. he apologized that he did not follow through and wished there was something that he could do for me.

oh yeah - his side track - he was waiting to hear if he was going to be served with a warrant for hendering the prosecution on a big county case. he found out today that he was in the clear. aren't we all just thrilled that things worked out for him?

 

[Ambr]

ex just sent another email. and i quote....

"If you give me full custody of the kids I will allow you visitation. If you don't I will keep pushing until you have no visitations at all. It is your decision."

does this guy have balls or what?????????

 

[nailtech]

save your emails... paper trials are always nice to have... better yet, only communicate through email so you have proof of his blackmail...

I would think your lawyer violated your civil rights to an appeal... I would sue him for everthing he's worth or make him fight for your kids back... for free...

 

[Ambr]

just kicking it back to the top for IAAL. i am really hoping that there are some ideas on things to pursue.

all anyone says is sue the attorney. he is in the back of my mind right now. first thoughts are - get a new case for change in custody.

what are some ideas? working on areas of emotional abuse

 

[Grandma B]

I'll kick it up for you this time

 

[I AM ALWAYS LIABLE]

just kicking it back to the top for IAAL. i am really hoping that there are some ideas on things to pursue.

all anyone says is sue the attorney. he is in the back of my mind right now. first thoughts are - get a new case for change in custody.

what are some ideas? working on areas of emotional abuse

My response:

Ambr, since your time for an appeal has passed, the decision of the trial court will have to stand for at least one year, unless something extraordinary occurs that would cause a judge to take custody away from your ex-husband.

Every case must come to an end at some point, or litigants would be taking each other back to Family Court immediately after each decision. There must be a closure, and without an appeal, the decision of the trial court, for good or bad, must stand.

The only exception would have been an appeal, but your attorney failed to write and file your Appellate Brief. This failure, as you know, placed you back at "square one."

The reason that everyone is telling you to sue your attorney is because you should. He took your money, and failed you. He also caused you to have to suffer for at least another year, if not longer. Also, he caused you to have to come up with new reasons to take your ex back to court because you can no longer use the past issues that brought you to court in the first place. That is what I meant by "square one."

Beside, you'll need to sue him immediately so that you can not only get your money back, but also the further damages for your emotional distress that he caused you. You're going to need all of that money to re-mount your new offensive against you ex-husband when the facts warrant a new Order to Show Cause trial. I realize you want this particular issue to be second or third on your list, but you know, as well as I, that litigation takes money and time. And since you'll have to live with the trial court's decision for at least another year, you may as well sue your attorney for his outrageous screwup in the meantime.

Good luck Ambr.

IAAL

 

[Ambr]

Thank you GrandmaB for kicking me back to the top. There are so many new threads everyday that you could get buried in just 24 hours.

Thanks for the response IAAL - that is what we were thinking to. My biggest fear is what the kids are going through. I have read a TON of threads over PAS and comments on it from other posters. But it is a frightening thing to see happen. The hard part is watching it start to take place and being helpless in stopping it. The damage has to be done - or well on its way - before anyone can act on it.

Needless to say, all phone conversations are recorded. We are recording the attempts at picking the children up and any other contact with the ex. And we are saving all the emails. Like you said, starting at square 1.

Thanks again for the input!

Ambr

 

[jeanine]

Similar situation

Amber, I'm in a situation similar to yours. If I'm not mistaken, you are also in NY. My heart goes out to you. Wish I could say or do something to help. Just wanted to show some support.

 

[Ambr]

Jeanine - Thanks, we can all use the prayers.

IAAL - another questions for you. Do I need to file a lawsuit in MO (where the appeal was) or in my home state? Missouri makes since and I know this is a dumb question - but thought i would ask before I started searching for lawyers.

 

[I AM ALWAYS LIABLE]

My response:

You need to file a lawsuit against the attorney in the State where the case was heard, and in the County of that State where that attorney practices law.

Go get him.

IAAL

 

[Ambr]

THANK YOU!!! THANK YOU!!!!! THANK YOU!!!!!

i wish u were in MO!!!!

i will have to check. the judge i have for custody issues hears the small claims issues.

will call the lawyer tomorrow and check it out with him.