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is this being handled correctly?

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A

ARGHX2

Guest
What is the name of your state? TN

A friend of mine is going through a custody dispute with the paternal grandparents of her child and something transpired over the past few days that has me worried for her, thought I'd see what you thought.

condensed version of case so far. Mom drops child off for vacation with PGP's while relocating to another state for some extended employment training. (bio-dad was too busy to care for child himself) Mom informs bio-dad she in no longer interested in a relationship with him & is staying in the new state. PGP's stop taking her phone calls and file false abandonment charges against mom, giving a very old address for service. Mom finds out about a month later after bio-father steals her car and brings it back to the home state (both mom & dad orginially from IL) to try to force her to come back to IL to claim it. (didn't work, she gave up the car) Mom is appointed an attorney in TN.

This CAA has been reported to the Board of Professional Responsibility twice already for failure to communicate. A home study was ordered for mother's home over 9 months ago and the CAA has yet to even look into having it done. His response to that complaint was that mom was co-habitating with a man and therefore it was an immoral environment for a child in the judge's eyes so judge would never give the child back anyway.

Mother has an inch thick binder full of correspondence to CAA that was never responded to.

Latest incident:

Court order specifically states that PGP's must notify mother if they are taking the child out of the state of TN and give a complete itinerary, including addresses, phone numbers and date of return. GP's already violated this once before by not giving a complete itinerary, just date leaving and return.

This time, they never informed her they were leaving at all and brought the child up to IL and left said child in the care of the biological father and returned to TN w/o child. (mind you, bio-father has no established rights to the child in a court yet) PGP's only gave an unlisted number for her to call the child at and will not produce an address where the child is staying or any date of return. (interesting that they decide to take the child just as she requested dates they would be in town so she could exercise a week of visitation)

CAA speaks with the opposing counsel, tells mother "they won't bring the child back" (basically shrugging his shoulders and saying oh well). Mother insists a motion be filed for immediate return as the GAL had stated at the last incident the bio-father could be brought up on fed. kidnapping charges if the child is left with him. CAA balks, finally does. Mother was expecting it to be done on an emergency basis, come to find the CAA files it and standard and it is not being heard until November 5th.

Reason it is not being heard next week is due to judge being out of town and the interim judge is none other than the GAL assigned to her case. Small town, no other judges. Conflict of interest.

Reason it was not filed as an emergency and heard by regular acting judge this week? Anyone's guess, CAA refuses to respond to calls and faxes to explain.

This can't be being handled right. It's like she's stuck in the good ol boys network and isn't being taken seriously because she is an outsider. Know of anything she can do herself to get the child back since CAA is useless? Can she take the motion to a higher court herself by Friday?

suggestions on other actions against the CAA for his continued irresponsible representation?
 



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