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  1. #1
    Join Date
    Mar 2009
    Posts
    1

    Default Public Defender Issues

    My question involves a child custody case from the State of: ky

    long story short my son is 3. he is currently a ward of the state due to is mothers neglect and dependency problems. his mother and i were never married and of course there was never a formal custody / visitation schedule because neither one of us could afford an attorney. there was a support order which was always kept current and the two of us agreed that I would get my son for 1 week a month. for the most part that was upheld until i began questioning her about some thing my son was doing and talking about.
    last june while my son and his mother were living with her dad and his wife my x lost my son to cps due to neglect, drug abuse in his presense, constant violation of a EPO against her boyfriend. my x and her step mom told the caseworkers that i had never been involved in my sons life so my son went into foster care. 2 months later there was a guardianship hearing which the court granted me a public defender. of course the judge treated me like some kinda dead beat and wasnt willing to listen to anything that i had to say. the judge advised my public defender to file a motion for full custody that was in Sept. at that time they placed my son with my x's biological mom who is flat out denying me visits even though the court granted me every other weekend.
    through out all of this i cant even get my public defender to do her freaking job. she isnt notifying me of court dates and this is a juvenile court setting so i cant just call up there and ask when the court is. i live out of state. i email her almost daily trying to get an answer from her what is going on with this because i miss my son. the only response i get from her is that she mailed me some papers a month ago to have notarized and i still havent got them. when i ask her again she says she will drop me another set and when i verify the address its the right one. i dont know what to do can i file a complaint and maybe they will assign me someone else?

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

    Default Re: Public Defender Issues

    If you don't like your lawyer, you are free to retain private counsel.

    If the lawyer works for a professional public defender's office, you can raise your concerns with the lawyer's supervisor. If not, you can bring a motion with the court raising your concerns and asking that a different lawyer be assigned to your case.

    Meanwhile, consider having her fax you the papers.

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