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Is it misconduct when your a few minutes late to a hearing and the judge tells you that he already has his order written up

Atlanta, GA |

judge took my children based on false allegations by my husband and then took my visitation for contempt charges THAT I HAD MY KIDS UNSUPERVISED WHEN MY HUSBAND DROP THEM OFF TO ME KNOWING NO SUPERVISION WAS THERE AND NOW HE IS LYING

Attorney Answers 4


  1. If you're asking whether the judge committed misconduct by writing up an order adverse to you in an uncontested proceeding (which it was, since you weren't there......), then the answer is "no."

    If you're asking whether it's misconduct to misrepresent or lie to a court, as you claim your (ex?)husband has done, well . . . yes. But you need to be able to prove that misconduct in some way in order to allege that he has perjured himself.

    I can be reached at (913) 735-9320. Answers to legal questions are usually fact-dependent; my answers are general and based on the facts as you describe them and necessarily includes assumptions. More specific answers can be provided only after researching the appropriate law and a comprehensive consultation in which all relevant facts are disclosed. The choice of a lawyer is an important decision and should not be based solely upon advertisements. Until both a retainer agreement is executed and we have a consultation, I am not your lawyer and you are not my client. Moreover, I cannot be your attorney unless you are located in Missouri, the only state in which I am licensed. If you are not in Missouri, please consult an attorney in your state for assistance, as my advice may be incorrect or incomplete. This uncompensated answer is provided for informational purposes only, as a free public service; any reliance thereupon is at your sole risk.


  2. It is unclear whether you are asking whether the judge committed misconduct (no) or your husband did. Since you were late to court and the case was heard without you, then you did not have an opportunity to plead your side of the case. Hire a lawyer. Try to seek a reconsideration of the last order. You need to move quickly. You have just learned one reason why it is important to be represented by counsel in complex family law cases.


  3. The good news is that, in Georgia, visitation can be modified at any time. The bad news is that you will likely be in front of the same Judge. While he did not do anything wrong, he certainly does not look favorably upon you at this time. You need an experienced Family Law attorney to get you through this situation. There may be a way to get the matter heard by a different Judge, simply due to ordinary rules of jurisdiction and venue.

    I am exclusively a family law attorney, practicing primarily in the metro Atlanta, Georgia trial courts. However, I handle appeals from anywhere in Georgia.


  4. It was misconduct on your part to show up late for court, and you're obviously going to lose when only one side is present (you made a second mistake if you didn't have a lawyer).

    Get a lawyer now and see if you have grounds for modification or a new trial.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.

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