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  1. #1
    Join Date
    May 2007
    Posts
    2

    Default Regaining Visitation In Louisiana

    I live in Louisiana and this is where my divorce was made legal in 2004. In August 2005 I voluntarily changed my custody from shared custody to joint custody with my ex-husband being named as the domicilary parent, with me having reasonable telephone and visitation right, so that I could enlist in the US Navy. From August of 2004 till the end of December 2004 my ex husband allowed me to see the children 3 times. From January 2005 till April 2005 when I left for boot camp he refused to allow me to see the children. He would never directly talk to me but instead he did so through his father and mother. From April 2005 till July 2005 I was in boot camp and in July I was discharged from military service. From July 2005 till July 2006 my ex husband refuse to allow me to see the children for the weekends and even holidays. In July and September 2006 he did allow me to see the children but as long as it was at my parents residence and only because my father was dying of cancer. I have never been proven by the court or anyone else to be harmful, neglectful, or unfit. Since September 2006 I have only see my children one time and that was for Easter for a total of one day and I had to get the Judge to order it. But the Judge ordered a visitation at my step-mother's house (this is what my exhusband wanted) for 2 days (the and saturday before Easter). I live in New Orleans Louisiana and my ex children are 165 mile away. Since then I have been back to court where the Judge ordered a warmup visitation period with me having 2 visits on alternating weekends on Saturday and Sunday from 9 am to 5 pm. And then 4 visits on alternating weekends from 9 am on saturday to 5 pm on sunday. Then it is to be a standard visitation of friday to sunday on alternating weekends. There is no stipulation as to who brings or drops off the children. The judge ordered reasonable visitation but my ex husband put into the agreement which I did not agree to but my attorney set to the judge and signed that i could only talk to my children on tuesdays betweeen 6 pm and 8 pm. There was also a point where my attorney sent me some papers showing the markups that my ex-husband made and of what my ex-husband thought should and should not be in the paper work. My attorney was giving a written letter and explict instructions that the papers were to stay as they were. He then faxed me a copy of the papers back and I agreed to most of the papers but requested that he not file becuase of my disagreement with certain items. My attorney called me and told me that it was in my best interest to agree so that I could get my foot in the door and see my children. I told him no and that if the other side did not agree we should take it back to the judge. He also said that he had gotten the papers back from the opposing side and everything looked good. I called him to see if he made some lead way with the trying to work out the telephone issue and he informed me that the papers were filed and waiting to come back from the judge. I told him he was wrong for doing that. I got a copy of the papers yesterday and the copy I got does not have some of the things in them that I agreed to in the copy my attorney sent me but what is in them was the things my ex-husband want to put in and take out. My attorney told me that the papers we had were to drawn out and to concise and that he was the one that went ahead with the papers fromt he other attorney. I called my attorney on several occasions and have written letters stating my disagreements and he totally ingnored them. I am in the process of hiring a new attorney but How can an attorney file papers that had not been reviewed by the client? And do I have a tance for a new apperance in court because my attorney screwed up my papers?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Need Advice, Louisiana

    A lawyer shouldn't file papers inconsistent with what was agreed between the client and lawyer, and it is helpful for the client to review proposed written orders before they are submitted to a court for approval. I don't know what happened in your situation, or what you can do about it, but your new lawyer should be able to figure it out.

  3. #3
    Join Date
    May 2007
    Posts
    2

    Default Re: Need Advice, Louisiana

    I live in New Orleans Louisiana and my ex children are 165 mile away. Theis sentence should say my children are 165 miles away. They are not my ex children.

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