My question involves a child custody case from the State of: california
Hello,
I am going to a rough split up, never married. My daughter is now 2.5 years. Me and momma separated in august of 2016. The way this went down is her father purchased our rental from our landlord, he promptly then handed me a paper requiring me to move from the property and remove all my possessions. I had done nothing wrong, he just really dose not like me. I spent every moment I could with my daughter, I have a special job that some people in California do. Work never came home, and family always came first. I calculated my time with my daughter before our separation to be greater than 55%. I was a at home dad, and when momma or grandparents had time for my daughter I did my work, regardless I was home every night and day.
After having my lease terminated by grandpa, they filed for custody orders stating that I was gone from spring tel fall. In there document they say I was only with my daughter 18% of the time. Even after separation I maintained 27% or more. They told me I could only pick my daughter up Saturday morning and had to have her back Sunday afternoon. I did everything I could to spend more time than they suggest with my daughter I had raised.
The real issue here is Momma suffers from mental illness, the under side of her arms are covered in scars from suicide attempts and self mutilation. She was hyper sexual when I met her, and I could not say no. When we discovered she was pregnant, she informed me she chose to stop using her birth control months before. I did not freak out, I maned up saying I would never walk away from her or our child. She constantly had, and has panic attacks. She wanted to have an abortion, but informed me that her father forced her in to an agreement after financing various abortions for her. There agreement was if she ever became pregnant again she would have to have the child. Long story short momma been in and out of counseling since age 6, she had a difficult time with her parents separation was the story I always was told. At one point in our relationship I had discovered a large packet of paper, I asked her what it was and she said it was her psychologist report of her mental illness. In it I read the words bi polar, borderline personality disorder and various other terms I cant remember.
When we went to court ordered mediation, she had various allegations against me saying I grow "pot", etc. The mediator asked her to read her concerns that were all essentially allegations. Then the mediator asked me to respond. Each of her concerns were resolved by the mediator stating "these are not true issues" or "that is no reason he can not have the time he did with your daughter". The mediator then drew on a wall mounted calendar that I would have 3 days a week, and asked us both to agree. We both agreed. Then the mediator asked me if I had any concerns. I had two concerns. I stated that mommas mental illness concerned me being that her and her family were not conducting them self fair by our daughter and me. As well that momma was at times a danger to her self. The mediator asked her, are you in counseling, she said no, the mediator asked her are you on psychiatric medicine, she said no, the mediator said well this is not a real issue. I told the mediator if she was not wearing long sleeves she would see the scars and know the history with out asking. The mediator said I was being rude and mental health is not an issue here. My second concern was that my daughter is saying some pretty disturbing things that she is picking up from momma family, ie "no more daddy" "calling me by my first name instead of daddy" as well "talking about loud sounds and monsters attacking mommy after she is put to bed". In one instance my daughter informed me "she got out of bed walked to mommys room, when she opened the door she seen mommy eating a man" I asked are you sure it was not zombies on tv, my daughter said "no mommy was eating a man in her bed, she was putting him in her mouth". At that point the mediator said she was ending our session and going to make a recommendation to the courts. I did not know what this meant, so I went on with life and had one more short weekend visit with my daughter. The following week I received a copy of the recommendation stating I would not have any visitation, and only supervised visitation once it was court ordered. I was blown away being I had others witness my daughter saying these things let alone mommys mental issues.
I was forced at that point to hire a lawyer, I gave him all my money. I have given him all the information documentation evidence etc. moma had let my daughters insurance laps and was not treating diaper rash etc. I got her medical attention and reactivated her insurance paid bills etc. At one point momma decided on impulse to adopt a large dog, I was not informed, my daughter was talking about it one week, and took off her shirt to show me all the bruises and welted up scratches where the dog had broken her skin. I was so hurt by it all, being I love taking pictures of my beautiful daughter, but it became taking pictures of injuries and rashes etc every week, I hate taking pictures of my daughter hurt, I rather be taking pictures of her smiles. lots of evidence,..
sorry im having a hard time keeping this short. there are a lot of details.
I asked my lawyer to subpoena mommas mental health history, i hired a private eye to locate the location of the information and got it. I gave the location of the information to my lawyer, then I got this message from him in e-mail.
"I was retained to appear at court hearing and absolutely nothing else. I will thus never issue a subpoena or file any pleadings of any kind."
wtf? sorry for my french but once more WTF!
So I guess when your paying people you cant expect them to do it all, and somethings you just have to do for your self.
So I have been doing a lot of research and reading online trying to help my self help my daughter, and Im getting absolutely no where.
I have had witnesses who had concern for my daughter write letters expressing what they witnessed and there concerns. I gave copies of the letters to my lawyer, hope that helps. but,... I dont know what I can expect form my lawyer, being his statement of only appearing in court. I really don't know what that means. I do know Im near out of cash, and hiring someone else is not an option at this point. This is a money pit unlike any old ford truck.
I thought my lawyer was going to do this when I hired him near a month ago, and he said we will win, and he will do what it takes to WIN? Since he has been on the case he says I will probably get stuck in supervised visitation with review after 6 months, but he will try to argue it in court, but the judge will probably go with the mediators recommendation. wtf? Court date is coming up soon. Court is march 8th 2017, and the clock is ticking. So with his message that he will not subpoena baby mommas mental history. I am left with no choice but to accomplish this my self, I am financially tapped, but will never give up being I love my daughter and I want the truth in court, not a bogus Mediators recommendation.
So here is my question...
How can I subpoena baby mommas mental health history my self, or get the court to issue a subpoena for the information before court? This is necessary, being the mediator ignored the truth, and it is documented, momma has been diagnosed with serious mental illness, apparently its still a major factor in her life. Sucks I feel its the only leg I have left to stand on is exploiting the truth. I never want to hurt or emotionally damage momma, but this shit has gone to far!
Please I need help, and Im running out of time. I hope I am not wasting my own time putting this all out there.
Hello,
I am going to a rough split up, never married. My daughter is now 2.5 years. Me and momma separated in august of 2016. The way this went down is her father purchased our rental from our landlord, he promptly then handed me a paper requiring me to move from the property and remove all my possessions. I had done nothing wrong, he just really dose not like me. I spent every moment I could with my daughter, I have a special job that some people in California do. Work never came home, and family always came first. I calculated my time with my daughter before our separation to be greater than 55%. I was a at home dad, and when momma or grandparents had time for my daughter I did my work, regardless I was home every night and day.
After having my lease terminated by grandpa, they filed for custody orders stating that I was gone from spring tel fall. In there document they say I was only with my daughter 18% of the time. Even after separation I maintained 27% or more. They told me I could only pick my daughter up Saturday morning and had to have her back Sunday afternoon. I did everything I could to spend more time than they suggest with my daughter I had raised.
The real issue here is Momma suffers from mental illness, the under side of her arms are covered in scars from suicide attempts and self mutilation. She was hyper sexual when I met her, and I could not say no. When we discovered she was pregnant, she informed me she chose to stop using her birth control months before. I did not freak out, I maned up saying I would never walk away from her or our child. She constantly had, and has panic attacks. She wanted to have an abortion, but informed me that her father forced her in to an agreement after financing various abortions for her. There agreement was if she ever became pregnant again she would have to have the child. Long story short momma been in and out of counseling since age 6, she had a difficult time with her parents separation was the story I always was told. At one point in our relationship I had discovered a large packet of paper, I asked her what it was and she said it was her psychologist report of her mental illness. In it I read the words bi polar, borderline personality disorder and various other terms I cant remember.
When we went to court ordered mediation, she had various allegations against me saying I grow "pot", etc. The mediator asked her to read her concerns that were all essentially allegations. Then the mediator asked me to respond. Each of her concerns were resolved by the mediator stating "these are not true issues" or "that is no reason he can not have the time he did with your daughter". The mediator then drew on a wall mounted calendar that I would have 3 days a week, and asked us both to agree. We both agreed. Then the mediator asked me if I had any concerns. I had two concerns. I stated that mommas mental illness concerned me being that her and her family were not conducting them self fair by our daughter and me. As well that momma was at times a danger to her self. The mediator asked her, are you in counseling, she said no, the mediator asked her are you on psychiatric medicine, she said no, the mediator said well this is not a real issue. I told the mediator if she was not wearing long sleeves she would see the scars and know the history with out asking. The mediator said I was being rude and mental health is not an issue here. My second concern was that my daughter is saying some pretty disturbing things that she is picking up from momma family, ie "no more daddy" "calling me by my first name instead of daddy" as well "talking about loud sounds and monsters attacking mommy after she is put to bed". In one instance my daughter informed me "she got out of bed walked to mommys room, when she opened the door she seen mommy eating a man" I asked are you sure it was not zombies on tv, my daughter said "no mommy was eating a man in her bed, she was putting him in her mouth". At that point the mediator said she was ending our session and going to make a recommendation to the courts. I did not know what this meant, so I went on with life and had one more short weekend visit with my daughter. The following week I received a copy of the recommendation stating I would not have any visitation, and only supervised visitation once it was court ordered. I was blown away being I had others witness my daughter saying these things let alone mommys mental issues.
I was forced at that point to hire a lawyer, I gave him all my money. I have given him all the information documentation evidence etc. moma had let my daughters insurance laps and was not treating diaper rash etc. I got her medical attention and reactivated her insurance paid bills etc. At one point momma decided on impulse to adopt a large dog, I was not informed, my daughter was talking about it one week, and took off her shirt to show me all the bruises and welted up scratches where the dog had broken her skin. I was so hurt by it all, being I love taking pictures of my beautiful daughter, but it became taking pictures of injuries and rashes etc every week, I hate taking pictures of my daughter hurt, I rather be taking pictures of her smiles. lots of evidence,..
sorry im having a hard time keeping this short. there are a lot of details.
I asked my lawyer to subpoena mommas mental health history, i hired a private eye to locate the location of the information and got it. I gave the location of the information to my lawyer, then I got this message from him in e-mail.
"I was retained to appear at court hearing and absolutely nothing else. I will thus never issue a subpoena or file any pleadings of any kind."
wtf? sorry for my french but once more WTF!
So I guess when your paying people you cant expect them to do it all, and somethings you just have to do for your self.
So I have been doing a lot of research and reading online trying to help my self help my daughter, and Im getting absolutely no where.
I have had witnesses who had concern for my daughter write letters expressing what they witnessed and there concerns. I gave copies of the letters to my lawyer, hope that helps. but,... I dont know what I can expect form my lawyer, being his statement of only appearing in court. I really don't know what that means. I do know Im near out of cash, and hiring someone else is not an option at this point. This is a money pit unlike any old ford truck.
I thought my lawyer was going to do this when I hired him near a month ago, and he said we will win, and he will do what it takes to WIN? Since he has been on the case he says I will probably get stuck in supervised visitation with review after 6 months, but he will try to argue it in court, but the judge will probably go with the mediators recommendation. wtf? Court date is coming up soon. Court is march 8th 2017, and the clock is ticking. So with his message that he will not subpoena baby mommas mental history. I am left with no choice but to accomplish this my self, I am financially tapped, but will never give up being I love my daughter and I want the truth in court, not a bogus Mediators recommendation.
So here is my question...
How can I subpoena baby mommas mental health history my self, or get the court to issue a subpoena for the information before court? This is necessary, being the mediator ignored the truth, and it is documented, momma has been diagnosed with serious mental illness, apparently its still a major factor in her life. Sucks I feel its the only leg I have left to stand on is exploiting the truth. I never want to hurt or emotionally damage momma, but this shit has gone to far!
Please I need help, and Im running out of time. I hope I am not wasting my own time putting this all out there.
Establishing an Order: How Can I Subpoena Baby Mommas Mental Health History
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