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Step 2 - HE GOT SERVED

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Ambr

Senior Member
What is the name of your state? MISSOURI

FINALLY!!!!!!!!!

Okay - to anyone that is keeping up with my hectic life and my first trip down the Pro Se road. The ex was FINALLY served. According to the paperwork, he has 30 days to answer my pleading. So now I am waiting to hear from his attorney.

It is all a waiting game. And it stinks!!!! HaHaHa I am not a patient person when it boils down to this.

Wish me luck and patience. I will need it.

Ambr
 


jyoung

Member
Hang in there and keep us updated.....did you ever pursue taking action against the lawyer who missed deadlines for you?
 

jyoung

Member
I haven't been around much either Beagle, glad to see you're still
helping out. I submitted my initial brief to the DCA a couple of weeks ago, ex's appellate atty just received an extension on their reply until early Oct. My arguments that the judge abused his discretion by overruling the general master but not finding that the general master's rulings were erroneous or unsupported by law or evidence are solid and backed by lots of Florida case law....but you never know do you? Those orders included modification of my parental responsibility, finding me responsible for debts that the general master ruled barred by laches, and an order requiring me to participate in a religious activity against my will. As well I appealed the General Master and judge awarding an upward increase in child support as they both failed to consider evidence including obvious excessive financial support by my former in-laws (see Ordini v. Ordini), failure to impute income to the ex for her voluntary underemployment, as well failure to consider my child's independent income and allowing my ex and her atty to violate the mandatory disclosure rules. The court also accepted review of the award of $95,000.00 and a seperate income deduction order for my ex's fees and costs.....
Think the judge was trying to get rid of me or what?

When I filed for a stay pending appeal, he granted one conditioned on posting $20,000., so my ex was able to take my kid to NY for the summer, just got back this week. While there, she had success in making the final cuts for both a Broadway show and a possible kids television show, so she may be headed back. I'm happy she's got the talent to get these roles and I've been supportive but we still haven't addressed how we're going to work out visitation issues.... just another of life's challenges to deal with. I'll keep you updated.
 

Ambr

Senior Member
LB - You have been gone for a while, haven't you? I hope it was a well deserved vacation and that nothing has been wrong.

Just a quick update - I got my kids back. That was a shocking surprise. I went down to see them for my visitation and was returning home when I got a call from the local DFS. It seems that their dad and stepmom had a small "domestic disturbance" and my son got very scared. He put his sisters in a closet in their room and grabbed a phone and dialed 911. I turned my truck around and drove back, picked the kids up and filed an emergency order the next morning. We got a temporary order and then a permanent order. (as permanent as these things can be anyways.)

Now....dad is refusing to participate in the counseling sessions that we set up for the kids. He says that they are a waste of time. And the last few visits that the kids had with him, they were talking about dad putting his fist through the wall when he was arguing with their stepmom. So, I am going for a modification and asking them to restrict the visitation to the grandparents home. That way, I know that the kids will be okay and they can still visit with dad. I am also asking them to enforce the court ordered counseling sessions. I am asking that they make it a requirement to his visitation / parenting time. If he doesn't participate, no visits. I think he could use an anger management class, but I am not pushing my luck. There are just things that we need to work out with the kids, so that they understand everything.

Anyways, the money is thin.....and I really couldn't afford a lawyer this time around. The fourth time back in court this year. That's not counting 6 times last year. My attorney, the GAL.....it adds up to fast. So I am going this modification alone.

JYoung ---- The lawyer that missed my deadlines and failed to file my appeal paperwork........I really don't like that man. (go figure) Just an update there - he is no longer a practicing attorney. He retired and is now the proud owner of a convenience store.

I literally pulled out the yellow pages and called every attorney within 6 counties in our area. I couldn't locate an attorney that is willing to pursue another attorney for negligence or legal malpractice. So I turned to the internet....I was able to locate 5 attorneys in Missouri that would be willing to review the case. I sent copies of the paperwork and spoke with them about it. 3 declined, stating that although the makings of a case was there that it was not detailed enough to enable them to feel comfortable with a win. 1 wanted way to much money to handle it. and the last one - never returned my call.

I don't have the $$ to go after it. I am still trying to locate a lawyer willing to handle it. (I AM TAKING ANY SUGGESTIONS IF ANYONE KNOWS A LAWYER THAT IS WILLING TO HANDLE CASES OF THIS NATURE AND AVAILABLE FOR COURT IN MISSOURI) I have until the end of December before the time limit is up.

Oh yes - IAAL - the Court Clerk that refused to file my PRO SE case the first time around, she received a written reprimand for her employee file. I received a letter from the main clerk apologizing for her actions and letting me know that it was a misunderstanding on her part. They tried to explain that they suggest it is best during contested matters to have an attorney represent you, but that it is not required. Well, duh.......if you can afford it, it's great. But after 8 years of this in and out of court, it gets to a point that you either go it alone and hope and pray or you give up --- AND I REFUSE TO GIVE UP.

My ex hasn't mentioned anything about being served and I haven't been contacted by his attorney yet.
 

Ambr

Senior Member
heard from the lawyer

Got the answer to my motion from his lawyer in the mail today. He also filed a counter motion to modify.

Wrote up my answer to his counter motion and also my first request for documents and interrogatories. Getting ready to put it all in the mail as I type.
 

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