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  1. #1
    Join Date
    Jan 2008

    Default How Do I Slow Down Litigation/The court process.

    Sandpoint, Idaho

    These are my only 2 alcohol related incidences in my life.

    I messed up about 15 months ago and had gotten an alcohol related
    reckless endangerment, there was no violence, my child was involved.
    I took out patient drug and alcohol treatment class's and went to over
    120 AA meetings there after,
    the RE was put on continuance for dismissal,
    then I remained dry until about 3 months ago,

    we broke up, she dumped me for another man, then over 2 (almost 3) months later this happened,-

    My Ex gave me hopes that someday she/we may try again, my heart never let go of her, then on the
    day in question we had a disagreement and I then realized we will never become a couple again, she
    had our child for the day that day, I went had a few drinks, shed a few tears, looked at my drink and
    realized that just like the drink, she was not worth it, I left what was left of the drink on the table and
    walked away, but-

    I got an DUI, my blood alcohol was borderline
    and it may be reduced to negligent driving. I been getting drug and alcohol testing ever since and have
    been clean. the Continuance for dismissal is now up for show cause, I been having my public defender
    put it off in hopes that since I was never convicted that it couldn't be used against me, but I am slowly
    realizing it may do no good, and I cant put it off forever, so I am thinking of facing up to it and show
    responsibility about it.

    My ex-girlfriend (never married) is trying to strip our child out of my life now.

    by what I seen she may succeed, she filed a domestic violence restraining order on me and tried to take
    our child from me and she used it to get a free Lawyer through Legal Aid. right now the judge let me have
    our child 4 days out of the week and her 3 until we resolve custody, I make minimum wages, I have no
    assets nor any credit nor any way to come up with the funds for an Lawyer, our state will not grant me legal
    assistance through the courts, I am on my own, no pro-bono services will help me as long as the restraining
    order exists, its against their policy's. the only thing that made the DVRO standing is I harassed her after we
    broke up, she had abandoned our child with me for over 2 months while she chased after her new boyfriend,
    but like the fool I was, my child missed his mother and I understood it was my lot, but shouldn't have been his,
    so I pestered her to spend time with him.

    Me and our son is heavily bonded, I do not know what to do anymore,

    The only thing I do know to do is take drug and alcohol class's again,
    parenting class's, anger management class's, AA meetings,
    and hold on for dear life to try and prove my fitness and sobriety to the judge.

    now this is my problem, how do I keep putting off the courts, or ask the courts,
    to give me enough time to prove my fitness and sobriety to give me my best odds
    of gaining the most custody or visitation possible.

    right now we are at, (order of filing)
    Me_child custody(fair and equal joint physical and legal custody)
    She_replied with her counter claim( she wants the whole cookie)
    Me_Answer(no way girl, no whole cookie)

    I filed my answer last week.
    I been having to figure all this crud out on my own,
    its been hard, lots of research just for a few papers,
    where her free Lawyer is doing all her work,
    I know I am about to get screwed,
    but if I am lucky, perhaps I can wait out the DVRO and once it gets
    dropped then ask for help with a Lawyer then.

    I got another 2 months before we go to court over the restraining order.
    but in the mean while, I need to delay things and prove my self somehow.
    I do not know what else to do.

    Thank you.

  2. #2
    Join Date
    Jan 2008

    Default Re: How Do I Slow Down Litigation/The court process.

    ok, if no one is going to answer this one, how do I deleate this post?

  3. #3
    Join Date
    Feb 2007

    Default Re: How Do I Slow Down Litigation

    Why don't you try waiting until the members here wake up and get a chance to look at your question...Geesh! You posted late last night! The VOLUNTEERS were sleeping.

    Edit: You actually posted past midnight...Most people on this site were sleeping.

  4. #4
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: How Do I Slow Down Litigation

    Courts have a duty to keep litigation on schedule. There are ways to delay or slow down litigation, although slowing litigation just for the sake of slowing it is not considered proper. Given the issues involved in your case, you should work with a lawyer.

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