The judge said in open court (no stenographer or tape) "last 2 weeks of July visitation" but the X's lawyer didn't put it in the final decree. Dad has lawyer, Mom doesn't. Can Mom just go get the kid(teen) or does she have no rights w/out lawyer? The dad has already been charged w/ "criminal" interfering w/a parenting plan & has to appear in Sept. But has convinced the kid that mom is a liar, ho, etc. She can't get through to the kid, he will not or cannot take or make calls to mom. What are her legal rights? (Cops & DA just say write down every attempt at visits & calls & wait til Sept) People say get lawyer=can't afford 1!)
2006-07-15 05:35:37 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
All she got was a copy of the order in the mail signed. It said that mediation was necessary but the X's lawyer said "No!" Now her X is having surgery for kidney stones (??) if the 2 weeks were in the order she should get her son on Tuesday, but she's afraid that if she goes to get him she'll be arrested. What should she do now? Please stop saying "get a lawyer" she is disabled & barely makes ends meet. Not 1 lawyer in the state will help w/out ca$h!
2006-07-15 07:11:45 · update #1
Since you can't afford a lawyer, write a letter to the judge with a copy of the criminal charge. It may be enough to piss off the judge that he gives you custody again. The dad must give you a minimum of 2 calls per week, every other weekend & certain holidays. Go to court & file an appeal yourself. It shouldn't cost much & since he's already in contempt of court, you should get your kid back in no time.
Good luck & GOD bless!
2006-07-15 06:35:53 · answer #1 · answered by Anonymous · 0⤊ 0⤋
I know you aren't going to want to hear this, but you really DO need a lawyer. You indicated that you can't afford a lawyer. You can't afford NOT to have a lawyer if you have any realistic hope of the goal of obtaining visitation properly enforced.
1) You are not familiar with the court process. That is quite evident. If you were, you would have noted, like someone pointed out above, that when you were presented the order for your approval, that the order was improperly drafted.
2) The solution, if the judge DID properly say that the mother gets the last 2 weeks of july visitation, is a motion for an Order Nunc Pro Tunc. What this means is that it is a motion for a corrected order which would deal with the issue of the vistitation in the last two weeks of july. Without legal training, will probably not be able to properly draft such a motion and order.
3) The interference with visitation is a completely seperate issue. The criminal proceedings are also seperate from the civil proceedings. The DA and the police will work with you to obtain evidence, etc. However, you also need an attorney to help you obtain an enforcement of your rights of visitation. Denying visitation rights, in addition to being a criminal offense, is a contempt of the court's order. You didn't say whether or not you wanted custody back. Also, given the fact you claim that the father is poisoning his mind, the having the child back might not be a good idea at this point.
The crux of it is: you cannot have any realistic hope of winning without an attorney to protect your rights. If you do not have the funds for an attorney, contact the legal aid society where you live. They often assist in matters such as this and can provide a free, or reduced cost attorney. (Note: for others reading this.. the Legal Aid Society has its own criteria for accepting cases. Not every civil case is eligible for their help, and they rarely accept criminal cases)
If you need further guidance, contact your local or state bar association for a referrral.
2006-07-15 14:35:01 · answer #2 · answered by Phil R 5 · 0⤊ 0⤋
You can represent yourself in court...if the judge said visitation but the order submitted to the court omits that, you go back to the court on a motion (you can hand write it, you just have to make sure that its served properly on the other side's lawyer within the prescribed time) asking the judge to amend the order. You should have received the proposed form of order before it was signed so you could object.
Those telling you to write down all attempts are smart---this way you can document to the judge what you have tried to do and what has not worked and why.
You should also ask as part of visitation that the child be given the right to call Mom and that the child must take a certain number of calls from Mom. That way Dad cannot interfere, he'll be under a court order to let the calls through and to bring the child to the phone.....visitation is more than enforced visits, its enforced contact with the non custodial parent, that includes phone calls, cards and letters. Make sure the court understands that as your position and that it protects that contact by both permitting it and enforcing it. You really should get a lawyer.
2006-07-15 12:44:31 · answer #3 · answered by William E 5 · 0⤊ 0⤋
Did the mother consent to the wording of the Order and was the Order drafted by the other lawyer filed and issued? The devil is in the details for this one.
2006-07-15 13:36:37 · answer #4 · answered by Angela B 4 · 0⤊ 0⤋
Somehow it seems a step was skipped. If the other guy's lawyer drafter the Order, your friend was supposed to see it first, so she could consent or object to it before the judge signed it.
2006-07-15 13:51:42 · answer #5 · answered by A B 3 · 0⤊ 0⤋