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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #141  
Old 10-12-2019, 11:31 PM
calvinfive calvinfive is offline
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Original poster - this court proceeding is between you and your ex. The court has to decide who is the better parent. At that point in time, your ex was the better parent and got custody.

He has passed away, and you should have immediately hired a lawyer and filed for an emergency motion for custody of your kids.

You've decided to show up without a lawyer and talked too much at that court date. You should have not engaged into any discussion about anything and simply asked for an adjournment.

Good news is, the order is temporary. Stop trying to rationalize with people who are clearly against you. It won't help you. Hire a lawyer immediately to set aside that illegal/unconsented order made by that so called judge and persue sole custody of your children.

Time is of essence.
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  #142  
Old 10-16-2019, 05:58 PM
Stillbreathing Stillbreathing is offline
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Any updates? Did you speak with a lawyer?
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  #143  
Old 11-22-2019, 09:56 PM
Mummaa222 Mummaa222 is offline
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I'm not sure if anyone is still following this but I figured I should give an update.

Nothing has changed. I spoke with the only remaining lawyer in our small town and we clashed immediately (thinking it could have something to do with high school drama that he hasn't gotten over yet?) and he told me that he can't help me...which is just as well, because the info he did give me was not correct and I have a feeling I would have been worse off, if that's even possible right now.

I'm still having a pretty rough time dealing with the death of my ex. It has brought back a lot of unresolved feelings that I had blocked out. The fact that most people don't think that I should be or would be grieving has made it even more difficult because I've had to hide my grief from others instead of letting it out and my grief being acknowledged.

I am in counselling now to help deal with losing my daughters all over again and I guess losing their father all over again too, even though it's in a much different way than before. My PTSD symptoms had returned full force and I was beginning to shut myself off. Thankfully, I recognized what was beginning to happen and sought out help right away and can gain control over it.

We have assignment court on November 28th. I consented to an order for the OCL's involvement to represent my children. I had told his lawyer that I wanted to seek legal advice before consenting as I don't believe my children are expressing their own honest thoughts. She responded by saying if I didn't consent she would bring a motion and ask for costs against me...so I consented. I'm not happy about it, but I didn't need costs against me, or the judge to see me as evil either.

My next step is that I'm apparently supposed to make an "amendment to seek custody"...I cannot find the answer as to what I'm supposed to do about that or how to do it. I can't find the answer to how I submit my side before trial...which could be and most likely will be months from now.

It is ridiculous that there is no help available for self-represented litigants...or is there, and I'm just not looking in the right places?

ugh!! help?
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  #144  
Old 11-22-2019, 10:08 PM
Stillbreathing Stillbreathing is offline
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You can always consult with a lawyer and pay for unbundled services. For example you can pay for advice as to next steps and what forms to fill out then fill out the forms yourself.

Do you qualify for legal aide?
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  #145  
Old 11-23-2019, 05:26 PM
Berner_Faith Berner_Faith is offline
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Canít you find a lawyer outside the area? Being in a small town there will be conflict of interest. I donít see this as a good case to go unrepresented


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  #146  
Old 11-24-2019, 01:04 AM
Mummaa222 Mummaa222 is offline
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Quote:
Originally Posted by Stillbreathing View Post
You can always consult with a lawyer and pay for unbundled services. For example you can pay for advice as to next steps and what forms to fill out then fill out the forms yourself.

Do you qualify for legal aide?
I do qualify for legal aid but my hours were used up long ago and is the reason I had to go at it alone.
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  #147  
Old 11-24-2019, 01:05 AM
Mummaa222 Mummaa222 is offline
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Quote:
Originally Posted by Berner_Faith View Post
Canít you find a lawyer outside the area? Being in a small town there will be conflict of interest. I donít see this as a good case to go unrepresented


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The nearest lawyer would be minimum of a 2 hour drive away and would therefore cost much more. We literally live in the middle of nowhere.
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  #148  
Old 11-24-2019, 03:19 AM
Mummaa222 Mummaa222 is offline
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I understand that a lawyer is my best option and that may or may not happen but until then, we have assignment court on the 28th, and I have to send my completed intake form to the ocl by the 27th and I cannot state that I'm seeking custody until I have amended *whatever it is I need to amend* to seek custody.

Trust me, I know that this isn't something an unrepresented person can handle but right now I'm just trying to find out which form to fill out to amend to seek custody. It has to be either Form 35.1, Form 15, Form 15A, or all of the above since those are the forms that were filled out in 2017 when I began my Motion to Change.

I was just hoping that someone on here would know.
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  #149  
Old 11-24-2019, 03:29 AM
standing on the sidelines standing on the sidelines is offline
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have you seen the kids at all since their father died?
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  #150  
Old 11-24-2019, 05:14 AM
Mummaa222 Mummaa222 is offline
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Quote:
Originally Posted by standing on the sidelines View Post
have you seen the kids at all since their father died?
not once and it's killing me...no amount of counselling can ease this kind of pain :'(
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alienated, death, p.a.s., sole custody, step-mother


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