I'm representing myself in a custody/visitation hearing.  Any pro-se tips?  Especially, any tips on getting statements from people that are admissible in court?  Thanks!
128674
3 rules.. Documentation, Documentation & Documentation. \n\nDo not get into a shouting match, do not interupt, listen to the judge, answer the questions clearly, do not get into long winded answers, avoid 'he said, she said' issues, stick to the facts and produce documentation whenever possible.\n\nYou can get statements from people via an affidavit or you can produce them as a witness.
82620
well' we had a hearing for custody i was present the mother was not it went into record.   you can appeal the order.\n\nlegal aid in the state of wva is free or low cost they will help you i am sure the state has not kidnapped these kids the state does not take kids, unless danger or no one fit is able,  these circumstances should be explained to an attorney many will consult without a fee;  keep trying
94422
They do and if the attorney you are using does not seem to be helping, fire that one and find another. Unfortunately it sounds like you never adopted. However, if you supported the child for seven years, you have a strong case for either reimbursement of expenses, which could be used as a weapon against the father to get her back. I know that sounds crappy but you may have to play dirty to get the best interests of the child met. Check your states judicial website, most states have them, and prepare for a lot of research and find what the laws are in your community. Most of it is pretty cut and dried. You can get visitation rights at the minimum, especially since she spent so much of her life with you. Start making phone calls and pleading your case for advice from folks who deal with thiese issues regularly, social services, free legal services from your county etc. Plan on being creative and doing a lot of soul searching. Best of luck to you and to her.
622436
First, I'm going to say... call an attorney in your area that practices primarily in family law.\n\nYou may have a right under your state's law to request an expedited hearing on the matter (again... ask an attorney).  The order was obviously signed ex-parte (without a hearing).  Usually, an order like that is signed only if the person requesting it alleges more than one occasion of abuse or neglect, and a reasonable fear that it will continue.  \nA judge will sign an order like that because of the potential danger involved in waiting.  If he or she thinks (even for an instant) that there is the slightest chance the allegations are true, then they will sign the order.\n\nAgain, call an experienced family law attorney in your area.
512212
If you are scheduled for a court appearance.. you have to be there!! talk to your attorney again and ask him if it's an actual court? or just filling the preliminary paperwork in court.
393909
Your story is a bit confusing, but, I'll answer based on my personal experience. It is rarely a "bad" idea to have proper legal representation when going into court. Most people are simply not qualified to fully understand court proceedings well enough to competently represent themselves. There is also the emotional factor, which can hinder a person from representing themselves in a concise manner. \n\nMy personal experience with this scenario was a real eye-opener. I naively believed that the judge would be patient and helpful as I struggled to make myself heard. I was wrong. The courts are so overloaded, that most judges have an enormous case load to get through on any given day - and they want to keep things moving along at breakneck speed. They want to hear legal language and concepts, not layperson "stammerings".\n\nYou say you are "so broke", so, I don't understand how you can possibly afford a private practice attorney, especially at this late date. Most private practice attorneys - at least the ones who are worth anything - are so busy that they can't take on new cases on such short notice - and certainly not without a sizeable retainer. Your best bet - and maybe your only one - is to contact Legal Aid in your area and request as quick an appointment as they can give you. You'll have to fill out a bunch of financial forms to see if you even qualify, based on their guidelines. Be prepared with things like paystubs and all court documents.  If they do agree to represent you, take the help. At the very least, you'll receive informed legal advice, which, unless you are a pre-law student, would be pretty tough to come by on your own.\n\n Remember to dress appropriately for court, be incredibly respectful to the Judge, behave with remorse, and, for the most part, unless spoken to directly by the Judge - keep your mouth shut. I made the stupid mistake of letting my emotions get away from me, and, in one instance of speaking while the Judge was speaking, I lost everything. Maybe some judges are tolerant, but, my experience has been that most are not. Good luck to you.
7081
Yes, it is called filing "In Pro Per", and is the cleanest, least troublesome way to do an uncontested divorce. Just go to your County Clerk's Office and ask for the forms for Dissolution and Uniform Custody Order....if issues DO arise about which you and you ex-to-be do not agree, many jurisdictions offer mediation services free or at very little cost.\nGood luck.\n\nPS, there is absolutely NOTHING illegal about not hiring a lawyer, the person below is mistaken in that statement.
94882
Don't leave. It can be used against you later to keep you from getting even partial custody. Stay for the sake of at least visitations. I know, I had to go through the same sh!t.
397162
I had to learn the hard way too, never ever use a court appointed attorney, or public defender! They have too big a caseload to give you fair representation! You will not get nearly the results that you would by hiring your own personal attorney! Public defenders bank on getting you to consent to a plea bargain whether guilty or not, that way this eases their caseload somewhat and this means one less person they have to deal with!\n\nOften times the public defender works on your case as minimum as he or she can, and will not put as much of an effort as if he was a private paid attorney. Many people have lost their kids or have gone to jail on the account of having a sorry a$$ public (defender in their corner. )\n\nAs for your situation, call your local bar association and see can't you get something done about your attorney. It is worth a shot, but even with them, they are like cps in that they have tons of immunity! Suing an attorney for malpractice is like suing a judge or the police department! it is rare that a person wins against any of those people! I don't know enough about the law to say whether or not that they did anything wrong in stripping your visitation right just becasue of what your stepfather said.\n\nif your kids have a guard ad litem or c.a.s.a (court appointed **** advocate (I forgets what the s stands for) but try talking to them. Sometimes they can help when no one else is willing to! Just remember that casa's still work for and or closely with cps and you always have to be on guard of what you say and do. But if push comes to shove, try a local children's or women's advocate agency in your area, or better yet, google cps, you may be able to pull up more and other helpful info on people who have been through what you have. I wish you the best of luck!
544179
The best word of advice is to speak with a legal and get their opinion before making any decision on talking about taking the matter to court. It is a very drawn out and expensive process. Good advice will help your decision. Good luck.
130793
Yes, you need to start keeping a journal of everything that happens.  It will be invaluable when you go to court.  Do this until your child turns 18.  Every missed visitation, missed child support payment, phone call, stupid thing he says to your child...EVERYTHING.  Start now!\n\nBut, the bad news is, 3 months isn't long enough to do much.  YOu need to start by filing a complaint about him not paying child support.  You can get a lawyer, but that's expensive.  My suggestion would be to either go to the court and file yourself, or call DSS/CSD/Whatever it is where you are.  Often they will help you, and once they get involved, they will take care of it until your child turns 18.\n\nOnce he gets in trouble for not paying child support, then you need to go back to court and ask for a modification of visitation/custody.  Normally when parents have shared custody, the mother gets less support because it is assumed that the father is sharing the costs of the child.  Use that and his lack of visitation as your grounds for requesting a change in custody.\n\nWhy does he have supervised visitation?  You may be able to use that to your advantage as well.\n\nYou will most likely not be able to get his rights terminated. This is a severe action, and courts don't like to do it.  If rights are terminated, the child becomes an orphan if the remaining parent dies.  Plus, terminating rights removes financial obligations.  In the eyes of the state, this makes it more likely that the state will have to pick up the slack in supporting the child with welfare, medicaid, food stamps, etc.\n\nI would just get yourself sole custody and make sure you keep his visitation supervised.  Then keep your child away from him, collect your child support if you are ever lucky enough to get some, and you and your child go on with your lives.\n\nThink about it, won't your child be better off?  My son has a dead beat dad and I let him off the hook.  I would rather he go off and not be in my son't life at all than he continually disappoint my son for the rest of his life by not showing up for visits, holidays, birthdays, etc.  Once a jerk, always a jerk.  Let him be a jerk to someone else.\n\nAlso, I know its not cheap, but I strongly suggest getting a lawyer when you do this.  He will protect you and your child and make sure you get what you deserve.  Also, I have heard more than one judge get upset when a parent comes to court without a lawyer.  Even though you can file by yourself, the results are just as serious as if you did have an atty.  So if you go by yourself and represent yourself poorly, it can have very negative effects on your child.\n\nGood luck!
630590
I went through the Attorney General's office online for my state, filled out the paperwork and had a hearing in 3 months!  The child support order went into effect the 1st of the next month.  It went really fast.  I think you can find some or all of those forms on the attorney general website for your state.  The information sheet just gives all parties names (including children), addresses, date of birth, social security number, drivers license no., and employers for you and him.  There are websites online where you can buy the forms really cheap.  Try www.findlaw.com and see if they have it.
655685
Contact a lawyer. Short of that How busy is your Courthouse? You will likely have to file the papers there and that is where you would proably get them. If you have a Courthouse that isn't like overly busy or at least has good people then I'd say go talk to them about what papers you need. I think it is great to hear you want to do what you feel is in the best intrest of the child. Not enough people do that these days.
341149
Well it always help if you are married or enganged u know proof of serius commintment...now the other thing is when u go to court make srue taht you also have some kind of daycare figureed out when u both are at work..just in case cuase they might look at it like u both work full time what are you going to do with the child..u never know it might come up..make sure taht you have proof of the monies that u both make and all that stuff..and keep your cool get a good lawyer and chances are you will get custody..not sure about full custody becuase thats  pretty hard to do...but if she's on welfare and her bf is not working and u both are then there might be a good chance that u will get custody of some kind so taht u are not only getting them every two weeks..i know that can be hard not only on u but the kids as well..i know i went threw the same thing..but i just brought up all the good facts to the mom and she gave me and my bf (her dad) custody, and we didn't have to go court....i told her pretty much the same thing that i told you , but the one that u are dealing with seems like a B I T C H., so alli can say is go talk to a lawyer they will give you a sit down and explain the pro's and con's and what to do and what not to do in court..\nGOOD LUCK
612639
in today's court system, too many judges are quick to render judgement without looking at all the facts, my question to you is why did your attorney allow them to hear the case without you being present?  If your court date was scheduled for a day you were off work, then they should have honored that court date and not held the case without your being there.  I would suggest to you that you first file an appeal to have your case heard again, and I would look into finding another attorney.   Obviously, he was not looking out for your best interest.  And when it comes to someone handing you a choice of work or school, that is wrong, I am a single parent, and am involved with a corrections officer, who also works 12 hour or more shifts, and I understand how much you want to be there, but to ask you to give up your schooling is odd.  The only way to get a better job that can give you the hours you need is to get that degree.  For your boys sake, find another attorney and keep fighting....women like me love men like you who are all about their kids.  Good luck and God Bless....
620634
hello there. I have fears just as you do. I have a now 6 year old son with epilepsy who after all these years I am being told I have to do a paternity test. The father told me if it ever came to this that he would fight me all the way and take my son who he's never been a part of his life away from me. I refused to pursue with the dna test but was told if I didn't the state would. This terrifies me so much. I absolutely know what your fears are. As for can a judge do this?. I was always told a judge couldn't try a case unless both parties have an attorney. Did you sign away your rights to an attorney? If so then the judge does have the right to make this decision especially if this is what the child wants. If your child didn't want to go then the judge should not have sent him to this abuser. I would appeal the case for the best interests of your child, especially since this guy was an abuser. Make sure when you go back to court to have an attorney, and all paperwork(police reports,etc) showing that this abuse was going on.  Let me know if I can help anymore . Blue27:birdlover272006@yahoo.com
144332
What state are you in? That will make a difference. What you should try to do is find legal aid in your area that will assist with custody cases. That way you'll get legal help at low or no cost.