Re: Litigation / Lawyers in the USA / Some Thoughts!
Originally Posted by Lesley1020
We already tried to do that.. we petitioned for a dependency and neglect order, our attorney asked the Judge for a Guardian Ad Litem to be appointed and he refused.
Has your stepdaughter's mother refused a GAL? There's also taking the child to a psychologist or psychiatrist for evaluation. Does your husband have the legal right to do so without the mother's permission? or with, and has he asked? |
Re: Litigation / Lawyers in the USA / Some Thoughts!
Originally Posted by snowbunny
Lesley, have you had home studies done for your stepdaughter?
). The mother now lives in a single wide trailer with no windows (she moved in with the b/f before marrying him), my step daughter's bedroom is a closet, she refused court ordered drug testing for 3 months (the magic period) before complying, has a history of reckless driving etc etc.. yet they found her to be competent and she works in a daycare - how scary is that!! I think we have accepted we have exhausted pretty much everything we can do.. according to what attys have told us anyway. We just try to give her as much love and attention as we can when she is with us, and explain things as best we can (she is very confused) all we can do is hope that we can have some kind of influence as she grows. Until she goes to school the 1 week per month will be doable, but after that, who knows... |
Re: Litigation / Lawyers in the USA / Some Thoughts!
Originally Posted by snowbunny
In our case we agreed to a GAL to do the home visits, though we did have to pay for it, rather than the courts/government. If I'd refused to voluntarily have the GAL, it would have looked very bad.
Has your stepdaughter's mother refused a GAL? There's also taking the child to a psychologist or psychiatrist for evaluation. Does your husband have the legal right to do so without the mother's permission? or with, and has he asked? As for taking her to a psychologist, the PPP says that they have to make all medical decisions jointly. |
Re: Litigation / Lawyers in the USA / Some Thoughts!
Originally Posted by Lesley1020
I think we have accepted we have exhausted pretty much everything we can do.. according to what attys have told us anyway. We just try to give her as much love and attention as we can when she is with us, and explain things as best we can (she is very confused) all we can do is hope that we can have some kind of influence as she grows. Until she goes to school the 1 week per month will be doable, but after that, who knows...
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Re: Litigation / Lawyers in the USA / Some Thoughts!
Originally Posted by Lesley1020
As for taking her to a psychologist, the PPP says that they have to make all medical decisions jointly.
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Re: Litigation / Lawyers in the USA / Some Thoughts!
Originally Posted by Lesley1020
The mother now lives in a single wide trailer with no windows (she moved in with the b/f before marrying him), my step daughter's bedroom is a closet, she refused court ordered drug testing for 3 months (the magic period) before complying, has a history of reckless driving etc etc.. yet they found her to be competent and she works in a daycare - how scary is that!!
why does she live in a trailer when her now husband makes $100k? Often retired strippers with crack habits end up in daycare - very scary What court are you in? Juvenuile, Circuit or chancery? We have a lot of contacts both in the judiciary and legal profession who may be able to offer guidance please tell me by PM the Judges name you went before.... |
Re: Litigation / Lawyers in the USA / Some Thoughts!
In most states, if a report of abuse or neglect is reported ( even anonymously) to DSS, the department is required to send an assessment worker to investigate within 24 - 49 hours. Much much sooner if the situation is life threatening. The Tennessee number for such a report is http://www.state.tn.us/youth/
Then the assessment worker decides if the child should be EPC'd and a Probably Cause hearing is set within 72 hours. If the Judge finds there to be probable cause in our county a GAL ( such as myself) is assigned the case. Usually custody cases involve a GAL who is not a volunteer but is paid. I didn't think you needed a judge's permission to employ someone who's profession it is to recommend what is in the best interest of the child. I think the Judge may have erred and would follow up on that if I were you. Also, if you feel the county DSS where the child resides is not properly reporting a home study you should take it up with the State Office of DSS. I feel so badly for all of you in this horrible mess. Good luck. |
Re: Litigation / Lawyers in the USA / Some Thoughts!
Originally Posted by gemini
Usually custody cases involve a GAL who is not a volunteer but is paid. I didn't think you needed a judge's permission to employ someone who's profession it is to recommend what is in the best interest of the child.
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Re: Litigation / Lawyers in the USA / Some Thoughts!
:confused:
Originally Posted by BritGuyTN
why does she live in a trailer when her now husband makes $100k?
Often retired strippers with crack habits end up in daycare - very scary What court are you in? Juvenuile, Circuit or chancery? We have a lot of contacts both in the judiciary and legal profession who may be able to offer guidance please tell me by PM the Judges name you went before.... As for the trailer part - who knows it blows our mind - he lived in a very nice condo prior to their marriage and then sold that and moved into the trailer. :confused: |
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