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ScottGem · Jun 7, 2009, 12:39 PM

I've merged all your threads becaused they deal with the same issue. Please don't keep starting new threads.

If the father lied at a previous hearing, then you ask if the previous testimony can be reread or you get a transcriupt of the previous hearing. You then ask the judge to look over your phone records and confrim that you only received three calls. DO NOT call your ex a liar, just point out the facts.

But I will say, again, that this case is getting complex and you would be better off with an attorney.

mbrunsell · Jun 7, 2009, 02:47 PM

If he WAS REALLY trying to get through, he would have let it go to voicemail and would have left a message. I called my phone company and they said the phone only needs to ring twice and it will still show up on my call list.

mbrunsell · Jun 9, 2009, 04:13 PM

What are everyone's thoughts of having my son write a letter to the judge letting him know his desires? (as far as him wanting to live with me)

Justwantfair · Jun 9, 2009, 04:24 PM

Your son's letter will have little to no merit, probably will not even be looked at by the judge, even less likely that he will look at the attempt favorably.

The decision will be based on what is best for the child, not what the child wishes, if the judge ever wants to hear from the child he (the judge) will ask to speak to him and he will dismiss anything the child says if he feels in anyway that the child has been coached.

You have been told countless times, YOU NEED AN ATTORNEY. You are emotionally involved, not legally educated and unable to make agreements with your ex. It's not a matter of whether you can afford one, your child can't afford for you NOT to have one, if you fear for him as you state.

mbrunsell · Jun 9, 2009, 04:28 PM

So basically, pretty much... I go to court with my police reports, CPS reports, ALL my documentation, and hope for the best!!

Justwantfair · Jun 9, 2009, 04:30 PM

You will be hoping for the best, because the best that you can do is hire counsel.

Good luck to you.

mbrunsell · Jun 9, 2009, 04:30 PM

I am going to call to a lawyer I have spoke to a couple times before and see if he is willing to sit and talk to me so I can show him all the documentation I have...

If I do not get him back this time with all I have in my favor, then I am not getting him back.

excon · Jun 9, 2009, 04:31 PM

Originally Posted by Justwantfair

YYou have been told countless times, YOU NEED AN ATTORNEY.

Originally Posted by mbrunsell

So basically, pretty much... I go to court with my police reports, CPS reports, ALL my documentation, and hope for the best!!!

Hello again, m:

I think she's telling you something else entirely.

excon

mbrunsell · Jun 9, 2009, 04:35 PM

I understood!! Lawyers are not cheap!! My son is worth every penny, do not get me wrong!! I will fight with every last penny I have!!

susangpyp · Jun 9, 2009, 05:29 PM

You can ask the court for a guardian ad litem for your son. It costs nothing.

Justwantfair · Jun 9, 2009, 05:42 PM

I don't know about New York, but in Illinois, a guardian ad litem, is an attorney that requires fees and a retainer as well. It's an attorney to represent the child and the child's best interests and the expense is usually split between the parties, but a GAL is not free.

mbrunsell · Jun 9, 2009, 05:52 PM

Would they be willing to help even though the father was not charged?

Justwantfair · Jun 9, 2009, 05:57 PM

It's an attorney to represent the child and bring an unbias opinion to the court for custody, in Illinois they do everything and look at everything that would be presented at a custody trial and make a written recommendation to the judge for custody.

The father being charged is not related to the court's ability to appoint a GAL on your case. The fees would be substaintially lower, since they are split with the opposing party, you can ask for a child representative at your first court appearance.

susangpyp · Jun 9, 2009, 06:06 PM

Originally Posted by Justwantfair

I don't know about New York, but in Illinois, a guardian ad litem, is an attorney that requires fees and a retainer as well. It's an attorney to represent the child and the child's best interests and the expense is usually split between the parties, but a GAL is not free.

You are correct. My apologigs. I don't know what it is in Michigan. In NY the court may award the guardian ad litem the fees or assign the parties, if they can, to pay. But in NY you can petition for a guardian ad litem where the child may be in harm's way (as it seems to be here) and the court can assign one without regard to ability to pay.

It does vary from place to place.

mbrunsell · Jun 9, 2009, 06:37 PM

How much, in your opinion, do child custody evaluations weigh in court as far as the psychologists recommendation?

cdad · Jun 9, 2009, 07:09 PM

Originally Posted by mbrunsell

How much, in your opinion, do child custody evaluations weigh in court as far as the psychologists recommendation?

In general the judge must follow the perscribed outlay that an evaluation would bring. The only way that it can be ignored is if its later disproven in court. But sides have a right to dispute the findings.

susangpyp · Jun 9, 2009, 07:19 PM

Originally Posted by califdadof3

In general the judge must follow the perscribed outlay that an evaluation would bring. The only way that it can be ignored is if its later disproven in court. But sides have a right to dispute the findings.

What? A judge does not have to follow anything.

cdad · Jun 10, 2009, 01:23 PM

Originally Posted by susangpyp

What? A judge does not have to follow anything.

Actually yes they do. They have to follow the law. And the evaluation process is considered as an expert witness to the case and the recommendations are normally followed by a judge as guidelines. Otherwise why bother ? Your statement is incorrect.

ScottGem · Jun 10, 2009, 01:47 PM

Originally Posted by susangpyp

What? A judge does not have to follow anything.

I have to agree with Califdad here, The above quoite is highly incorrect. In fact this issue has been in the public lately over SotoMayer's Supreme Court nomination. A judge has to rule according to prevailing law or their verdict can be overturned on appeal. Judges who make up their own rules generally don't last to long as a judge.