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excon · Nov 14, 2013, 11:19 AM

Hello p:

maybe I should have just let him beat me

You need a lawyer. You cannot fight this on your own. Some law firms do pro-bono (free) work. The better the law firm, the more likely they are to do pro-bono work.. It's gonna take some effort, but I'd put together some sort of a synopses of your case, and then email it to every large law firm in your city. Do some telephone work first.

If you got screwed like it LOOKS like you got screwed, some lawyer is gonna wanna help you... But, you gotta come clean from the get go. They are NOT gonna like pulling the facts out of you like you made us do.. If you do that, you'll NEVER find help.

excon

cdad · Nov 14, 2013, 03:50 PM

excon has given some excellent advice. Please take it and when you have time please read the stickie posted here on the family law forum. It may help you understand alittle more about what is going on and how the process works.

https://www.askmehelpdesk.com/family...rs-499600.html

AK lawyer · Nov 14, 2013, 06:23 PM

I just got around to reading this thread.

Something is still very fishy.

I was clearly improper to take the child on an ex parte (without a hearing at which you are given an opportunity to attend and tell your side of things) basis. Even if she assaulted him in the past. I see no allegation having been made that the child was in immediate danger.

It's also improper to adjudicate paternity on an ex parte basis. Even if he allegedly has a DNA test which supposedly indicates he is the father

Either this is all wrong, or OP is still not telling us the whole story.

Legal aid is a joke in many parts of the country, but on the basis of what I'm seeing, she should contact the news media and raise holy Hell about this situation. If I was in this community, and if she is telling the full story, I would want to have a judge like this removed for gross misfeasance. And as someone else wrote, it appears that she should be able to find an attorney who would love to take this on a pro bono &/or contingent fee basis.

perkalator · Nov 15, 2013, 01:32 PM

I am telling everything right but it is getting worse now a lawyer says it was illegal for the judge to do what she did. She got in contact with the public defender who requested the files from the judges office when they got the files the second page 3 was missing the page that says she gave custody to the ex boyfriend is missing from the files how fishy is that ?

ScottGem · Nov 15, 2013, 01:35 PM

Originally Posted by perkalator

I am telling everything right but it is getting worse now a lawyer says it was illegal for the judge to do what she did. She got in contact with the public defender who requested the files from the judges office when they got the files the second page 3 was missing the page that says she gave custody to the ex boyfriend is missing from the files how fishy is that ?

VERY fishy! We told you it seemed illegal for the judge to do what was done. You have a copy of the second page 3 that you received from the father or the police, correct?

Are you retaining this lawyer who told you this? If so, I would have this lawyer file for an immediate order to return your son to you. Then go get him. Do you know where he and the father are staying?

perkalator · Nov 15, 2013, 01:47 PM

I'm not sure if I told you there was 2 page 3s in the order I received one granted him custody and had written in that he could pick up my son at day care the other page three did not state anything now the files the public defender got only had the page 3 that was with out the taking of my son

joypulv · Nov 15, 2013, 01:54 PM

So where are your two page 3s?

ScottGem · Nov 15, 2013, 02:31 PM

Originally Posted by perkalator

I'm not sure if I told you there was 2 page 3s in the order I received one granted him custody and had written in that he could pick up my son at day care the other page three did not state anything now the files the public defender got only had the page 3 that was with out the taking of my son

Yes, I recall you saying that there were two page 3s, one allowing him to take your son, the other making no mention of it. So you have a copy with both page 3s, but the copy the public defender's office got from the court did not include this second page 3.

This is actually good for you. It shows that something went wrong in the judge's office and the father should not have been granted the right to take your son. Which means that a request to return your son should be filed immediately.

You never answered whether the judge signed the order or not. Also how did you get this lawyer? Did you check with the ACLU as I suggested?

perkalator · Nov 15, 2013, 02:41 PM

When I went to see the judge the other day the clerk called her and she said yes she had signed the order . The lawyer was an old friend of mine from years ago she is helping me out

AK lawyer · Nov 15, 2013, 06:23 PM

Originally Posted by perkalator

I'm not sure if I told you there was 2 page 3s in the order I received one granted him custody and had written in that he could pick up my son at day care the other page three did not state anything now the files the public defender got only had the page 3 that was with out the taking of my son

If I am understanding this correctly, someone appears to have stuck a phony page 3 in the order which was served. It could be that whoever is responsible has committed a crime.