jt1154
New
Reged: 02/19/08
Posts: 3
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I have not spoken a word 2 my daughter in 9 months. yes, there is a court order allowing my weekends. my soon to be ex, is denighing my visitation. my attorney so far has done nothing. not even called me back? should'nt she be held in contempt?
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KGrow
Platinum
Reged: 01/27/06
Posts: 3070
Loc: Colorado
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Yes, contempt is the obvious recourse.
Why doesn't your lawyer return your calls?
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jt1154
New
Reged: 02/19/08
Posts: 3
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good question, well it is plain as day that he is not a good attorney.he has lied to me through this entire thing.i have talked to him 3 times in 7 months. his wife will call me and give me advice or what she thinks, then she says she will pass it on to him.but he is kind enough to charge me his fees for talking to her. he is the worst ever. he is just a bad attorney. but there are only 4 attorneys that will drive to kemmerer, without charging you ten thousand dollars. I also found out that he works for her attorney part time in another county. but the judge says it is only a conflict of interest if the attorneys agree that it is.I have found out more info surfing the net then what he has given me.then I call him on it and nothing gets done, or his wife says it is to late for it.Yes, I do need another attorney, but with all the bills she has racked up on joint accounts, I cannot afford it.So yes, by what the law book states, my attorney should have filed contempt on her months ago.but his excuse is that there is a professional conduct he has to follow.well I see it as doing his job. I do not feel he has mine or our daughters best interests at heart.It is a mess.
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chatter box
Platinum
Reged: 11/09/07
Posts: 1157
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Be patient with your attorney. I know it's hard, it took me a year to understand that. Time is on your side with this as long as you do file contept at some point. Do not do anything to make you look bad. Your lawer might partner with the other lawer on some things but niether is going to risk there futore on a simple low cost divorce. I'm sure both attorneys would be trying to keep the contempt out of court but at some point your are going to wind up with a lot of leverage. 9 months is a lot. Do you have every other weekend and one evening? Every visitation even if only for a few hours is a contempt. It is up to the judge determan how the contempt is to be surved. In my case is was one day in jail for every day missed (56 days). If the judge doesn't do anything and they might not keep at it. The judge gave warning after warning before anything happened. Some of it was because I was making myself look bad even if it was matters out of my controle.
You need to make sure you are documenting each missed visitation is some manner that can't be argued against in court. I filed police reports but most often the police wouldn't do it but I found if I made a call and even if they didn't send someone to make the report I could at least get a copy of the call sheet later. I also used a hidden video but none of it was needed because she admitted that she was witholding visitations. This might ber another reason for your attorney not filing is they have to determan how they would prove last visitations if it is your word against hers.
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jt1154
New
Reged: 02/19/08
Posts: 3
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Most of my problem with my attorney is that he does not follow through. The judge requested I turn in a letter of why the perenting plan was not working for me and income verification, a few simple things. The judge wanted to know why our divorce was taking so lon and why we were not agreeing on anything.I had 30 days to get this into the court. My attorney forgot to inform me of the whole thing. So it made me look bed because my attorney did not make me aware of the current situation at hand.He does not tell me anything.I have asked him my rights, he puts me off, he will say I am on the other line, or his wife says i will give him the message. Things of this nature. I dont call very often.cuz i am used to it.The 1st and only time we sat done to discuss anyting. Her attorney went off on me, I was lost on what was going on. My attorney sat there and did not say a word.He is useless.He is screwing this divorce up for me.
I did not sign the first agreement from the meeting. Her attorney drew it up. when i recieved it, It was not what we agreed on. There were things we never even discussed. Also what we did talk about was not the same. I called my attorney, made him aware. He said I will call you right back. 2 months later, I get a call from his wife. Who said it had not been discussed. So to their knowledge, It was all ok. meanwhile, her attorney set my childsupport and obligations. It turned out to be more then what my gross is a month. In this paperwork It stated I am liable for wear and tear on her car, travel expenses, half her rent. She went out and bought new tires, $1000.00 rim's, and turned in a fuel reciept for a weekend that I have a police report for that she never showed up. To top it all off. I recived a copy of these so called reciepts, 1 of them is for $ 80.00=fuel, 2 cases of budweiser, 3 packs of camel cigarrettes, chips, candy, sunglasses, oil, washer fluid,4 12-packs of pepsi, and a bottle of ibuprofen. This is what has been added on to my support. How can this be legal? The court has copies and they said it is how the paper work is written up.That i need to contact my I feel the problem is this: She is doing illegal things, not allowing visitation, since when did budweiser become child support?Or camel ciggarettes?
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KGrow
Platinum
Reged: 01/27/06
Posts: 3070
Loc: Colorado
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What you're doing now is clearly not working. You need to do things differently. From the looks of it, any kind of change you make will most likely be for the better.
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