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  1. #1
    Join Date
    Dec 2006
    Posts
    26

    Default Unreasonable Judge

    I need to know what to do! FIRST MISTAKE, NEVER, I MEAN NEVER, take a knife to a gun battle, of course that is a figure of speech. I went to court yesterday on an OSC that I filed to get primary custody of my daughter for school reasons. Went through the entire mediation process, the mediator agreed that my daughter should be with me on school days and with her father every other weekend ( we have 50/50 right now). My ex had an attorney and I represented myself. Well the judge did not go by the mediators recomendation, and actully kept it 50/50 and he enrolls my daughter in school by his house. The school near his home is a 97% spanish speaking school, my daughter does not speak a word of spanish, nor does she understand. His mother has my daughter 5 out of the 7 days he is supposed to have her. I work only 2 days a week and can be the primary care taker. Well I found out AFTER court that he had filed a response that I never received a copy of before court, they filed a "fake" proof of service. I did not understand why the judge ruled the way he did until after I read the response full of lies calling me a criminal, and psycho. I have never been to jail nor have I ever had mental problems. They also said in the response that I had moved 5 times in the past year. Yes I have moved a lot, but it was only 3 times in 4 years. Is the fact that I never received the response grounds enough to take this before the judge again, and shed light on the situation for the judge? Before leaving court the judge said he would re visit this case in a year when I was more stable, I was so confused until I read that response. I am a married mother, with 3 children by 2 different fathers, and now my baby (5years) does not get to go to school with her sisters. I am desperate to get back into court to be able to respond to his response, do I have a chance of getting back to court?

  2. #2
    Join Date
    May 2008
    Posts
    582

    Default Re: Unreasonable Judge

    First of all don't beat yourself up about not having an attorney. I hired an attorney to represent me and the only thing she did for me was complicate our case which caused me almost $10k in legal bills. Even if you took a gun to a gun fight you may not have prevailed if you had a "faulty gun".

    You can call the local Bar Association and ask for a referral for a Board Certified Family Law attorney with experience. They will set up a low cost iniital 1/2 hour consultation for you and you can discuss options.

    It would seem that if there was inproper service, or some evidence of fraud, there might be something that could be done. I am not an attorney- but they file motions all the time to set aside rulings. You don't connect with the attorney referred by the Bar you can ask for another referral.

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