Looking to sue the State of Mississippi. A judge, several attorneys, law enforcement, Department of Human Services for deprivation of mine and my children's constitutional rights, interference in child custody, parental alienation; Title 18 Section 242. Additionally, suing several individuals regarding Section 241. I have standing and I have a large amount of evidence to support my cases. For example, this Judge saw evidence of child abuse and she did not appoint a guardian ad litem for my child and return the child to the non-violent parent as per law she should have. I filed a complaint with the Judicial Committee regarding her non-action and she is on the committee. She is now putting stipulations on my visitation with my daughter. Ordering that if I do not have a home study done that I will not be able to have visitation with my daughter. The daughter that I had primary sole custody of up until March 9, 2016. Her brother, sister and I have moved and she did not want to move so she elected to stay with her father even though in court she testified that she is afraid of him. I have not been accused of anything for her to order such demands.
What you need is a Family Law Attorney. You also need to focus all of your attention and energy on the Family Law case. Many lay people take their eye off the ball because they imagine that the Constitution is going to come down and whack these people on the head and everything is going to be alright. It doesn't work like that.
You need to have a recognized "cause of action" before you can sue anyone. A cause of action is basically permission to sue if X, Y and Z happen. AND the person or entity you are trying to sue cannot be immune from suit by you due to governmental immunity or lack of privity of contract. You can't sue Judges under most circumstances and you can't sue the attorneys on the other side of the case under most circumstances.
If your case is in Mississippi you need to be looking at their law and talking to their attorneys. But in Texas ad litems are appointed too much in my opinion and they usually don't help the situation. Further, the Court in Texas is not supposed to appoint them if there is no way to pay for them. It is better for you to spend your money on your own attorney.
It sounds like your daughter elected to stay with her Dad. Doesn't sound like a federal case to me. Sit down with a good family law attorney and have them explain what has happened so far, and give you some pointers on what to do next.
About Judges just like with every other profession there are good, medicore and bad ones. But filing a complaint with the State Judicial Committee will not affect your case, except maybe to annoy the Judge. It is not designed to address things that appeals would address. It is supposed to address ethics. So the State Judicial Committee could never give you want you wanted, which was to make the Judge do specific things in his case.
Get an attorney.
Ms. Laster practices in Dalla
You need a family law attorney, the constitutional issues are red herrings and you will waste time, effort, energy and fruitless endeavor to make something where there is nothing.
I'm sure you must know that the state enjoy sovereign immunity the judge enjoys absolute immunity. Unless you have hundreds of thousands of dollars you want to burn spitting into the wind.....a waste of time.
Focus on your family court issues with a family law attorney.
NOT LEGAL ADVICE, NO ATTORNEY-CLIENT PRIVILEGE CREATED. FOR INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER ATTORNEY ON THIS FORUM. Legal advice comes after a complete review of the facts and relevant documents and an expressed (written) agreement of representation that forms attorney-client confidentiality. Neither of these two events can occur in this forum. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this or any other matter.
You need a family law attorney in Mississippi who is seasoned in child protective service cases. You need to sit down with that attorney or consult several and settle on one but go over all of the facts. Time is of the essence.
Sign up to receive a 5-part series of useful information and advice about child custody law.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline