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Child Custody & Support Child custody, support and visitation.

need legal advice ..

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Old 04-18-2007, 04:45 AM     #1
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Confused need legal advice ..

i have posted before ... my case is about my child not wanting to see me for visitation anymore ... her mom has been putting me down for years and it has infected my daughter.... my hope was to bring this to family court and show that the ex is in violation of visitation agreement and ask for , if not my visits, then to order family counseling to let me and my daughter ( who is 16 by the way )

last in court, the judge assigned my daughter a lawyer ... i went to meet with her yesterday and faced hostility from the moment i walked in the door. apparently she met with my ex first, who told her all sorts of half truths and out and lies ... i was placed on the defensive from the start... instead of talking about all the good times and positive things, she basically lectured me and told me she would fight visitation. i don't know what

two questions ... isn't she supposed to be impartial? she told me her job was to look out for my daughter's intrests not her BEST intrest .. that she would go tell the judge my daughter doesn't wish any contact with me and she recomends that based on my daughter's wishes ... and it was the judges job, not hers, to do what was in her BESt intrests.
so question one ... is this right ... can she come into court so biased against me like this ? is she supposed to be impartial? and is she supposed to look after my daughter's intrests or her BEST intrests?

and 2 .. since it appears i qould lose my case if i walked in there tomorrow, based on this lawyers recomendation. if i dropped the case next time we appear ... then refile it the next day ... will i get the same judge or does it get assigned by rotation? and more importantly, would my daughter be assigned the same lawyer, or would that go by rotation also? if i could get her off the case by dropping it and refiling it, that would be a help to me.
or should i go in there and try to argue my case in hopes the judge agrees with me that i've been denied visitation by an agreemnet we made 12 years ago, and that it would be in my daughters best intrest to work whatever issues she may have with me through family therapy?

right now i don't like my odds.....
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Old 04-19-2007, 05:40 PM     #2
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Default Re: need legal advice ..

Why was a lawyer appointed for the girl--who suggested that?

Call the clerk of the court and ask if the judges are assigned randomly or if the same one always keep the case; there are two different ways court systems handle this and it varies even from city to city.
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Old 04-20-2007, 04:33 AM     #3
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Default Re: need legal advice ..

the law guardian was assigned by the judge in family court to represent my daughter.

my daughter said she didn't want to come for visitations anymore and doesn't even want to talk to me anymore... the only recourse i had was in family court ...i filed a violation of visitation against the mom, who is encouraging her not to see me anymore. ultimately, in my opinion, the mom should be held accountable for not producing her when i show up to pick her up for visits ... i figure i know i can't force the child to come for visits anymore, not at 16, but maybe i can show the courts how mom has been disparaging me, how thwe general nastiness from her has infected my daughter, and i'm hoping a judge will ultimately order family counseling for me and my daughter to try to work out whatever issues we have.
it was either this or let her go and not see her for lord knows how many years .. i had to try something. but now i feel i'm going to lose. but i will go to court house on monday and get that information about how they assign judges.
in the meantime can i ask the judge to have my daughter psychologically evaluated? it that in the scope of things i can ask for?
i'm lost because i don't know what to ask for and this law gaurdian is going to go in there and tell the judge her client doesn't wish to visit or speak to me anymore and that will be the end.
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Old 04-21-2007, 11:49 AM     #4
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Default Re: need legal advice ..

You don't want to appear hostile. It may seem worthwhile to a judge to have you and your daughter together meet with a counselor etc. to see if difficulties can be overcome.

The child does have to visit if a court order is in place and the mother must produce her even if the child does not want to go.
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