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    Cindi's Avatar
    Cindi Posts: 1, Reputation: 1
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    #1

    Feb 15, 2006, 05:00 PM
    Regaining Custody of My Children
    I, too am attempting to regain custody of my children. Mine, however is more of an economical "battle" in that my children were with me for 6 years following a divorce, but now after having to represent myself in Pro Per against my ex-husband's mother's ($$$ and) attorney I found to my surprise, without being given any real reason by the judge I have lost my children to a father with a history of (emotional & physical) abuse. I feel I have exhausted all resources, as self-representation against a seasoned attorney has not been to my benefit. Are there any other available resources out there? Perhaps there is information you (Vickie)and I can share/exchange?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Feb 16, 2006, 08:20 AM
    Check out legal aid socieities in your area.

    Also what the heck, call down the list and try to find an attorney that may do it for free or that will bill you latter for it.

    Trying to fight in court against a high dollar attorney with no attorney is almost a no win situcation

    Also if there is a law school in your area, see if they could give any assistance, at least in briefs or research for your case.
    fredg's Avatar
    fredg Posts: 4,926, Reputation: 674
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    #3

    Feb 16, 2006, 09:42 AM
    Hi,
    I do agree with the "no win" situation you were up against. In most States, a Court expects you, if you represent yourself, to know all the Court Rules and Regulations, know what to (as if you were a lawyer).
    The ONLY way, in my opinion, you might have a chance to re-gain custody, is with a good lawyer, experienced with child custody cases. As said in previous answer, maybe you can find one that you can pay as you can.
    I do wish you the best of luck.
    Sosdog's Avatar
    Sosdog Posts: 39, Reputation: 4
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    #4

    Feb 17, 2006, 01:10 AM
    Unfortuneately, when it comes to child custody cases, most judges will not give you any respect at all if you don't have a lawyer. You said you 'had' to represent yourself pro per, why did you have to? There are free legal aid groups in every state (these are real lawyers who 'volunteer' to take cases pro-bono per se (they are paid by the state, but not much) and does not mean they are bad lawyers (although... ) in any sense.)

    Contact the free legal aid group in your state and you can talk to a lawyer there, if they feel you qualify, you will be assigned a lawyer on that basis, paid for, that will represent you.

    Sos
    strawbryic's Avatar
    strawbryic Posts: 2, Reputation: 1
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    #5

    Jan 15, 2009, 08:09 AM
    I too have lost custody of my child. My child lived with me for two years after her father took a job in another state. I have a high price attorney. He provided no help to me. I can show documentation stating that my child was taken from me simply because her father makes more money than I do. He enjoys a 6 figure income. The courts didn't care that he himself said he was not a good role model for our daughter and several other red flags. He and his attorney were allowed to pass notes to one another while he was being questions. I have been told that cases are often decided even before they hit the court room, and to try to prove this.

    I too would like to have some answers.
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
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    #6

    Jan 15, 2009, 09:58 AM

    There are, I am sure, a number of woman's advocacy groups that would be able to find you a lawyer to fight this.

    As a man, I am all about both parents having equal rights. I make significantly more than my kids mom and can afford legal fees that would make her eyes bleed. But if we were ever to come to a custody battle, I fully expect none of that to matter. Because it shouldn't. I am not thrilled with the theory that all things being equal the woman wins either... but that's the way things go.

    But the actual advice - call some woman's advocy groups. Its been my experience that they REALLY hate when men use their power and position to get what they want over someone who is more deserving but less capable of fighting.

    Bottom line: there is always someone that thinks you are right and is willing to fight for you. Its just a matter of letting people know. If all else fails, talk to your local mom's club. Someone always knows someone...
    strawbryic's Avatar
    strawbryic Posts: 2, Reputation: 1
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    #7

    Jan 15, 2009, 06:24 PM
    I have one of those high power attorneys and all he did for me was cost me money. The judge in my case said without stuttering that my daughter is with her father because he makes more money. Even though I supported the two of us without him for a year and she attended private school. As I have been told many times cases are decided before they even hit the courtroom.
    querida1996's Avatar
    querida1996 Posts: 1, Reputation: 1
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    #8

    Sep 26, 2010, 11:38 AM
    I too have just lost custody of my son. They separated my son who is 4 from myself 31 and daughter who is 14. I represented myself due to not having enough money for council to keep my family together, and regardless of blood sweet and tears they separated us. Power,control, and money are the real factors, the courts and attorney's are out for blood, and really don't care how it will affects the family units. They are monsters out for themselves.
    With that said, we as mothers need to continue to fight for our children and the siblings that are so deeply affected by the horrific outcomes.
    NEVER give up, we will prevail! If money is the key then start saving what you can, talk with people get as much information on attorneys before you hire, get your witnesses together, subpoenas sent and kick some ***!!

    Love to all of you mothers facing the man...

    Leah Ivanoff
    martinizing2's Avatar
    martinizing2 Posts: 1,868, Reputation: 819
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    #9

    Sep 27, 2010, 07:21 AM
    Quote Originally Posted by querida1996 View Post
    I too have just lost custody of my son. They separated my son who is 4 from myself 31 and daughter who is 14. I represented myself due to not having enough money for council to keep my family together, and regardless of blood sweet and tears they separated us. Power,control, and money are the real factors, the courts and attorney's are out for blood, and really don't care how it will affects the family units. They are monsters out for themselves.
    With that said, we as mothers need to continue to fight for our children and the siblings that are so deeply affected by the horrific outcomes.
    NEVER give up, we will prevail! If money is the key then start saving what you can, talk with people get as much information on attorneys before you hire, get your witnesses together, subpoenas sent and kick some ***!!!!!

    Love to all of you mothers facing the man...

    Leah Ivanoff
    First, this is an old thread. Over a year since anyone posted here.
    You would be better served to start your own new one.

    I am no fan of our justice system in general, so I am in no way springing to their defense.
    But the truth is important.

    You as many others have had to face this horror of having your children taken away.
    But the truth is the courts do not pick a random address and round up the kids.
    There is a reason that they are there to investigate. Be it valid or rumor.

    The methods they use and liberties they take with peoples rights and freedoms are atrocious as far as I have seen.

    If CPS or any agency wants to interview you and / or your kids, do not allow them to do it without an attorney present.
    Not a word until you have an attorney PRESENT DURING THE INTERVIEW.

    You can be innocent as a new born. But they can twist and spin the facts to meet their agenda and take your kids . That's what they get paid to do.
    The more they take the better it looks.
    When they take kids, it looks good on the raise review.

    On the other hand.
    They do many children a great service by removing them from neglect and abuse . I imagine they have seen things that would make a person callous and closed minded.

    And it is true to an extent that money buys "justice" , ever hear of O J Simpson?
    Nobody without the millions of dollars he had would have ever got away with what he got away with.
    But it also helped that the police screwed up and couldn't even frame a guilty man.

    The main point is.

    What was it that got you in front of a judge or an investigative panel ?
    It is not names drawn out of a hat.

    I have seen injustice occur , and children removed due to questionable circumstances and conditions, but never from a totally innocent condition or circumstance. There is always some sort of basis.

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