Our child's attorney has been clearly bias from day one. It's astoundingly obvious. She has made blatantly sexist comments to me, in front of our attorneys. She seems to have grudge against me, or as it seems, my gender in general. I was told, "Fa...
This is a classic question brought here on Avvo. There is a biased child's attorney and a victim father with a question how to jump out of the frying pan into the fire.
You do not tell us why the child's attorney took this position. We also do not know what happened in your case. I do know that a common problem given your conclusions is that men too often stipulate up front because they are misled that an order is 'temporary' when in practice it is quite permanent. The hint you get all along is that you must 'settle' your case to flush down to family court for future modifications. However, most men don't get that and attempt to 'fight' through a trial they cannot win.
Because the court aligns an odd number of lawyers/parties, there will always be a best two out of three. So if the law guardian takes a position that is aligned with mom, you don't stand a chance of winning anything. In fact, you will be humiliated so badly that echoes of these losses will persist for years through future cases.
Given all of this, the judge may not know how to hold a hearing and derive a record with which to make a decision and order. Many judges want to cajole men into settling their cases t avoid a hearing. This means the judge wants to you to cut your losses. As long as you fight, you go under the bus. When you finally settle, you get that lower outcome.
I cannot further guess. I would need to know the case history and review a copy of the case file to better opine on why you are the odd man out.See question
Separated for 5+ years, ex has not & will not agree to any terms of separation agreement that has been in the works for 4 1/2 yrs now, as far as spousal support, modified child support which should have been done 2 years ago, and paying his fair s...
I see so many questions these days where litigants hired a lawyer and then come on Avvo to ask their legal questions. We cannot answer your questions because we do not know your case.
Some facts are needed to prove a prior course of economic activity for some elements of relief but not for others. Child support for example is never retroactive to some random prior date; it commences at the date of the filing of the petition. The same goes for spousal support.
Avoid using us to second guess your lawyer. You could find yourself in conflict with your attorney only because someone online told you something else which could be totally wrong given a lack of knowledge of your case.
I marked 'no attorney' because you already have one and you do not need another.See question
Private nanny-working between homes of ex husband and ex wife. Scared.feel it's my fault. Children present but did not see.do no feel safe. Cops seems uninterested.Boss came "home"drunk put me against wall(hands over head w errect penis)...purpose...
File a police complaint about the sexual assault. Report any issues regarding the children to child protective services.See question
A child support is in order however my daughter's mother is saying that i dont contribute to my daughter when i reality i pay the amount that the court said im suppose to pay plus i pay for half of everything else. I know it's considered "a gift" ...
No. You must provide cancelled checks or other proofs of payment. You cannot replace a financial proof with a text message. Also, do not expect the mother to agree that you made any payment. Expect her to say you paid nothing -- then the burden shifts to you to prove you paid.See question
My daughter, 4, is living with her mother, mothers boyfriend and their new baby. My daughters mother told my sister tonight she has only 4 bottles of formula left, her electric is being turned off tomorrow and my daughters mother is not willing to...
No. To change your order of custody, you have to file a petition and prove a change of circumstances (assuming your order entered after a hearing). A court will not find that mother's financial difficulties alone are such a change.See question
Child support hearing and father claims that his daughter lives with him which in fact she doesn't . They have. A sworn afadavit from the daughter that she does and the judge has adjourned this to December .
You really need to retain an attorney in your situation. We cannot provide a hip-pocket answer that will beat dad and his affidavit from the daughter.
In a perfect legal world, no affidavit can stand unless the writer is in court to testify about its content and be subject to cross examination. However, our legal world is very far from perfect and if the father is able to persuade the court that the child is with him, you'll be left in the lurch and paying support to daddy.See question
Daughters father left state to join military for 9 years he came and went as he pleaded hardly visited didn't call would give me an address or location as to where he lived and is now threatening to use court paperwork on me to to take his daughte...
Absolutely. A family court judge has no way of knowing what dad was doing. IT is also doubtful dad will admit he remained away for nine years. Instead, he will accuse you of alienation and today's judge schools highlight 'alienation' as a basis to make a visitation/custody decision.
Never go into any court without a lawyer.See question
my daughters father is not on her birth certificate. he keeps taking us to court but doesnt show. the last time he took us we went as far as getting the DNA test done, but he never showed up for the results and to sign the certificate. when i went...
Go to Surrogate's court and file an adoption petition. The costs for a lawyer are significant and the process takes about a year and a half. You'll also need a social worker to perform a mental health evaluation and write a report for the court.See question
I had been in an abusive relationship with the father of my unborn child. The relationship ended and I found out after that I am pregnant. He has stated he wants nothing to do with me or the child. I will not be listing him on the birth certificat...
Unfortunately for you, dad has incredible rights to his child and courts do not comprehend facts to the contrary. Realize you played with fire when you allowed yourself to get pregnant. A birth certificate does not determine paternity; we have a family court paternity proceeding to make that determination.
Currently, you have many opportunities. You can leave to another state. When your baby is born, you'll have home state jurisdiction where you are located. This will make his efforts to see his child under an order of visitation that much more difficult. Or, you can remain in New York and eventually enjoy our copious child support age out provision (21 years) assuming dad will earn anything.
Once litigation starts, you can expect a family court to reunite father and child and even give the two extensive visitation. The court will miss the reality that once and enemy, always an enemy. The father will do everything to alienate the child from you and paint you as a monster in court while the court advantages him by giving him more and more visits. The court will even assign a 'law guardian' to the child to team up with father's counsel to argue against you and your lawyer.
That's when you'll need to make important tactical decisions about how to best defend yourself. There are ways out but all of those cost money and nerves. There is no telling of the impact upon the child.See question
My question is why was he able to get a free lawyer and I can't get one. Unfortunately I can't afford one myself and I'm dreading going to court by myself. What can I do?
The court must assign a lawyer when the man faces incarceration. This is a due process right he has during the pendency of your violation petition.
Very many people misread my writings here on Avvo. They feel I am knocking a system. The feel I am a legal rebel. All of this is false.
I always write in the worst case scenario. I write this answer with the worst possible outcomes for you, the asker. In my view, you are playing with fire in a system not designed for the ordinary citizen. You already saw how difficult it was to write a petition, file it, get a summons and get it served. Perhaps finding the father was difficult and required extra expenses. Courts are a plaything of the rich.
If you do not have money, the court will not get you money. If you do it yourself, the best you will get will be a minor calculation out of his 'income' which will not feed a parakeet. If you invest money in a lawyer, you will be again be constrained in how much you will get as limited by the man's income. The law is often a delusional legislator's plaything.
Imagine for a moment the nation is thwarting 'welfare' by imposing child support on middle class citizens. Middle class, employed mothers and fathers are being herded through a 'court' with 'lawyers' like pigs being herded through a slaughterhouse. No one asks any questions and orders are entered as a way to end 'welfare'. This is an apparatus that is as dumb as a door knob. Not a single litigant in family court anywhere is a welfare case needing to be sued and needing to be ordered to pay.
Ordinarily, welfare recipients did not have lawyers and did not use courts. Welfare recipient were 'poor' which meant they needed government benefits to eat. When Reagan and his republicans decided to wipe out welfare, they failed because they only attacked middle class parents and made them pay child support. Welfare recipients were unfazed and to this day cannot pay child support. Their children are typically in foster care anyway because of the lack of resources to feed and house them.
As for your situation, poverty has no place in a 'court'. Courts are for the rich to attack, humiliate and squeeze other rich people. Women needing money from dads to support kids are not going to find much help in 'court'. To win, you would need an accomplished attorney to draft your petition and keep up the pressure over time to get a satisfactory order of support. Anything less is just a silly game.
I do wish you the best of luck because without luck, your petition will go nowhere.See question