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Originally Posted by ScottGem

I missed this. You applied for public assistance so the state went after him for support. So he turned around and went for custody. Doesn't quite explain how he got it, but it does make a little more sense now.

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I'm lost here - I don't get the connection between the State going after him for support and the OP losing custody - ?

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Originally Posted by ScottGem

I missed this. You applied for public assistance so the state went after him for support. So he turned around and went for custody. Doesn't quite explain how he got it, but it does make a little more sense now.

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I had received 1 check from the State, and the amount of $130. That was enough for them to pursue him for child support. After that went through, he filed for custody, stating that I was refusing to send my daughter to school. I had filed and was approved for home schooling. He was saying that time was absences from school, and there was no reason for her not to be in school full time. There were no truancy charges, no CPS investigations, nothing of the sort. My daughter had been in and out of the hospital, including Cleveland Clinic for testing, for further diagnosis and on how best to treat her condition. I can go on and on about all of that, but I am trying to be as concise as possible. If there are any specifics that you would like to know, please feel free to ask.

Frankly this doesn't make sense. You seem to have a more than adequate case against him, yet you lost custody. So, either you had a horrible lawyer or no lawyer at all. Logically this should have gomne something like this:

His attorney: Your honor, the child's mother has refused to send my client's daughter to school.
Your attorney: Your honor, I have here an approved application from my client allowing her to home school her daughter. I also have affadavits from her doctors that state she is better off being home schooled at this time. In addition, the Cleveland School system has no truancy charges against my client, nor has CPS received any complaints or initiated any investigation of my client.

I can't imagine a judge ruling for the father in that instance. So either you or your attorney botched your case or you aren't telling us the whole story.

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Originally Posted by ScottGem

Frankly this doesn't make sense. You seem to have a more than adequate case against him, yet you lost custody. So, either you had a horrible lawyer or no lawyer at all. Logically this should have gomne something like this:

His attorney: Your honor, the child's mother has refused to send my client's daughter to school.
Your attorney: Your honor, I have here an approved application from my client allowing her to home school her daughter. I also have affadavits from her doctors that state she is better off being home schooled at this time. In addition, the Cleveland School system has no truancy charges against my client, nor has CPS received any complaints or initiated any investigation of my client.

I can't imagine a judge ruling for the father in that instance. So either you or your attorney botched your case or you aren't telling us the whole story.

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I did have a more than adequate case against him. I did not have a lawyer at the time. It did go somewhat like you said it should. I submitted the application and approval letter for home schooling, medical records, video evidence of her seizures with post ictal state and speech deficits. I also presented Doctor's slips to excuse and explaining her absences from school. The Judge denied the school slips stating he didn't see the relevancy. I don't think that he even read the evidence I presented. Partly because he made a decision that same afternoon. One would think he would be to busy with the rest of the testimony and questioning to have time to read all of the information I submitted. I know for a fact that it took longer to read the reports from the Cleveland Clinic regarding the physical and neurophycological test results. It was not a Cleveland school, it was the Cleveland Clinic Foundation Children's Epitoligy Unit. She was hospitalized there for about a week for testing, we also had to return for out patient testing. There was an Epilepsy conference held on my daughter regarding care and treatment options available for her disorder. Her father denies that she has seizures in front of him, and told the Judge that I have Munchausen Syndrome. I assure that I do not. Her condition is very well documented by various Doctors. I asked a lot of questions to her father, and her care was always deferred to his fiance'. He couldn't name her diagnosis, medications, allergies, safety precautions, birth date, Doctors, schools etc. He answered very few questions adequately; and I asked a lot (over 50). Not one time did he say something about caring for my daughter, nor even imply asmuch. He admitted to having never had a relationship with her, never taking part in her education, never taking part in her medical care, and on and on. It makes sense to no one that he was able to gain custody, yet it is a sad fact that he did. I hope that this helps you to understand why I am so determined to find the information needed to file my complains. Again, if you need more specifics, please ask. As there is a lot of information, and I am just addressing the bones of it.

Judges often are prejudiced against litigants who do not use an attorney. I suspect that may be what happened here. How could you prepare a proper case without an attorney? So whatever proofs you had must be worthless.

So, again, you NEED an attorney to make sure your case is prepared properly. To make sure the judge pays attention to the evidence. You might even bring the judge up on charges.

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Originally Posted by ScottGem

Judges often are prejudiced against litigants who do not use an attorney. I suspect that may be what happened here. How could you prepare a proper case without an attorney? So whatever proofs you had must be worthless.

So, again, you NEED an attorney to make sure your case is prepared properly. To make sure the judge pays attention to the evidence. You might even bring the judge up on charges.

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That is what I am doing. I have to have all evidence to present with my complaint at filing. That is why I am trying to find this, and any other information to prove that he didn't follow guidelines already set forth, and his unethical behavior during the hearings. As well as the same for the attorneys involved. I am filing with the Bar association, and the Supreme Court Judiciary Discipline Committee.

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Originally Posted by wvmomma

That is what I am doing. I have to have all evidence to present with my complaint at filing. That is why I am trying to find this, and any other information to prove that he didn't follow guidelines already set forth, and his unethical behavior during the hearings. As well as the same for the attorneys involved. I am filing with the Bar association, and the Supreme Court Judiciary Discipline Committee.

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My concern - and this is not a criticism, it really isn't - is that you are too scattered with this right now.

You've got complaints against at least one Judge, at least one Attorney, you are trying to get your daughter back (if I recall correctly). The Judge ruled contrary to Law, the Order is incomplete and incorrect, your daughter was home schooled with approval but you lost custody because she wasn't being schooled, whatever else is going on.

It is going to look like you think the World is against you.

The World very well may be against you but I think you have to decide what is important and in what order and then handle matters in that order.

Judy is right here. Your primary focus should be overturning or reversing the judge's decision and regaining custody. After you have done that, you can pursue sactions against the judge.

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Originally Posted by ScottGem

Judy is right here. Your primary focus should be overturning or reversing the judge's decision and regaining custody. After you have done that, you can pursue sactions against the judge.

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I understand what both of you are saying. I am simply following the advise that I was given. How can I have the decision reversed when my time to file an appeal with the Circuit Court has passed? I don't feel that the world is against me. I know that the only thing against me is her father. Other things may be obstacles, but they are not against me, they are only a hindrance that I will overcome. I am very determined to do what is best for my daughter, no matter what it means to me. She is the most important thing in my life.

What it all comes back to is getting an attorney who knows your local laws and system.

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Originally Posted by wvmomma

I understand what both of you are saying. I am simply following the advise that I was given. How can I have the decision reversed when my time to file an appeal with the Circuit Court has passed? I don't feel that the world is against me. I know that the only thing against me is her father. Other things may be obstacles, but they are not against me, they are only a hinderance that I will overcome. I am very determined to do what is best for my daughter, no matter what it means to me. She is the most important thing in my life.

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If your time to appeal has run you can't file an appeal - unless you can find material fault with something, anything.

You can't do this - only an Attorney can do this.

Good that your daughter is the most important thing in your life but you'd better get moving - every day the time to appeal has expired 24 hours longer!

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Originally Posted by ScottGem

What it all comes back to is getting an attorney who knows your local laws and system.

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I understand that. I am trying to find one that is willing to work with me on the financial end. I am trying to get something going before my time to file expires. It is also difficult to find an attorney that is willing to help a person to file a complaint against another attorney and judge.

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Originally Posted by JudyKayTee

If your time to appeal has run you can't file an appeal - unless you can find material fault with something, anything.

You can't do this - only an Attorney can do this.

Good that your daughter is the most important thing in your life but you'd better get moving - every day the time to appeal has expired 24 hours longer!

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What exactly do you mean by " material fault"? The appeal time has expired. The hearing was in August, and I didn't receive the Court Order until November. A person only has 14 days to file an appeal with Circuit Court, after a final decision from Family Court. What is about to expire is my time to file complaints against the attorneys and judge. Which I can file without an attorney, although I would much rather have one than to go it alone.

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Originally Posted by wvmomma

What exactly do you mean by " material fault"? The appeal time has expired. The hearing was in August, and I didn't receive the Court Order until November. A person only has 14 days to file an appeal with Circuit Court, after a final decision from Family Court. What is about to expire is my time to file complaints against the attorneys and judge. Which I can file without an attorney, although I would much rather have one than to go it alone.

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I thought you were attempting to overturn the order, file an appeal.

Yes, you can certainly file a complaint against the Attorneys and Judge and you might be better filing on your own, without an Attorney, without all the "legal language," as a citizen who has been wronged, without the expense of an Attorney.

Depending on the extent of the damages there are law firms that specialize in malpractice - legal, medical, otherwise.

How do you find one that deals with legal malpractice? Where do I start on that route? There are several instances where my Constitutional rights were violated. I have the Court made recordings of the hearings, and there are testimonies missing. It also contains several instances of the Judge's threatening, biased and unethical comments. I am trying to find all information both Federal and State to back up my statements in the complaints I am filing. I was told that it is best to for me to have all that info with the complaint, because once I file, nothing else can be added. I am also of the opinion that I may be the first that this type of thing has happened to in this Court, but, I will not allow it to happen to another family if at all possible. I can't stand the thought of another family being torn apart for the wants of another.

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Originally Posted by wvmomma

How do you find one that deals with legal malpractice? Where do I start on that route? There are several instances where my Constitutional rights were violated. I have the Court made recordings of the hearings, and there are testimonies missing. It also contains several instances of the Judge's threatening, biased and unethical comments. I am trying to find all information both Federal and State to back up my statements in the complaints I am filing. I was told that it is best to for me to have all that info with the complaint, because once I file, nothing else can be added. I am also of the opinion that I may be the first that this type of thing has happened to in this Court, but, I will not allow it to happen to another family if at all possible. I can't stand the thought of another family being torn apart for the wants of another.

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Where are you filing the complaint? If you file with the Bar Association you can continue to present evidence up until the hearing.

If you call your local Bar Association and ask for names of firms that handle malpractice they should provide the names to you.

Once again, if you are doing your own legal research and attempting to prepare legal documents or briefs I think you are going to have a problem.

It is a branch of the Supreme Court. I have the complaint form. It is a review and disiplanary board. They figure out what if anything was done wrong, and what is the proper disiplanary action. They can not reverse a decision made in another Court, only determine wrong doing, and discipline for the offence. I can petition for modification of custody in front of another Judge. In my area, there are only 2 Family Lawmasters. I am not sure if who you go before works alphabetically, or how, but if I were to file now, I would be going in front of the same Judge that I am filing against. I have been told that I " would have a better chance of regaining custody" if I were to file the complaints first. I also have all the notes, faxes, etc. from my attorney, before she had to resign from my case. I am trying to make sure that all my T's are crossed.