Can a lawyer do that?

[0861jro]

What is the name of your state? Ohio

My ex-husband lives in Nebraska. He came to Ohio and picked up my eight year old daughter for visitation on the 23 and was to return her on the 28th at 3pm because of school starting on the 29th. This was all prearranged and agreed upon.

Friday the 25th I got a certified letter stating my ex was filing for Ex-parte custody and I had to be in court on the 28th at 230 pm in Nebraska. I had no time to prepare or retain legal counsel considering this is a 13 hour drive.

When I got to Nebraska I went to see my daughter and make sure all was well. I had made numerous attempts to call her but my ex would not answer the phone. When I went to the house he opened the door, saw it was me, and slammed it shut in my face. He wouldn't allow me to see or speak to my little girl. All I got was a glimpse of her when he opened the door.

Yes I heard her screaming and crying and she later told me she tried to run to the front door and get outside but he caught her.

I got her back and we return to court on the 27th of September.

My question is this. He claims his lawyer told him not to allow my daughter to see or speak to me until after we went to court that day. Is this legal? Can a lawyer advise against it when I am the one with custody and my ex with visitation?

 

[ceara19]

Actually, that is pretty standard advice in that situation. What was his basis for petitioning for custody? What state was the original custody order issued in?

 

[frcisafraud]

Huh? It is standard for attorneys to advise interference with parental rights when there is no current order in place only a motion or petition?

What am I missing? Why would attorneys give advise to violate the law before an order is in place making it legal?

 

[ceara19]

Huh? It is standard for attorneys to advise interference with parental rights when there is no current order in place only a motion or petition?

What am I missing? Why would attorneys give advise to violate the law before an order is in place making it legal?

There IS an order in place. The ex parte order was apparently granted on the 28th giving him temporary custody. If it had NOT been approved by the court, his lawyer would not be advising him to refrain from all contact with you.

I'm confused though. In your first post, you stated that YOU have custody and DAD has visitation and that there was an ex parte hearing scheduled on the 28th. Now you are claiming that there is NO order in place. Which is it?

 

[tigger22472]

There IS an order in place. The ex parte order was apparently granted on the 28th giving him temporary custody. If it had NOT been approved by the court, his lawyer would not be advising him to refrain from all contact with you.

I'm confused though. In your first post, you stated that YOU have custody and DAD has visitation and that there was an ex parte hearing scheduled on the 28th. Now you are claiming that there is NO order in place. Which is it?

ceara, the OP and the one who responded are not one and the same.

However I agree on the advice given as it is very standard that attorney's do this, especially if the motion is filed based on some sort of abuse or neglect.

 

[ceara19]

ceara, the OP and the one who responded are not one and the same.

However I agree on the advice given as it is very standard that attorney's do this, especially if the motion is filed based on some sort of abuse or neglect.

oops! Since frcisafraud mentioned custody & visitation, I didn't even check. I just assumed it was the OP.