Denied Visitation Rights and Fair Trial


#1

Dear Poseidon:

Greetings.

  1. If you go before this judge again, have your attorney file a Motion to Recuse the assigned judge for her bias against you if you believe that it affected your hearing.

  2. Yes, your ex can be held in contempt of court for this behavior.

  3. I am sorry to hear about your loss of precious time with your children. Being out of work, not having sufficient funds, going to jail, and missing your children is no fun. My suggestion is this…get a job, any job, even if it is fast food for now. Do all you can to pay your child support on time. Then, take her to court on your own for a Motion and Order to Show Cause. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

When I ask for a Motion to Rescue does that give me another judge? I am very serious about her bias. I heard of her reputation since long before I got a divorce but I have got to wittness first hand the rumors that I had heard over the years. I have thought about sending a letter to the State Commission on Judicial Conduct and see what happens or see about getting a petition started to remove her from the bench all together. Thanks for your advice

Sincerly
James Short


#3

Dear Poseidon:

Greetings. No, the same judge that you are assigned to hears the Motion to Recuse his/herself. Good luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#4

I am a divorsed father of 3 children and I have a few questions.

  1. I lost my job awhile back and have gotten behind on my child support. My question is , when I was served papers to go to court for contempt of court. I was asked by the judge if I had an attorney and I answered no because I couldnt afford one. So she give me a court appointed attorney and set the trial for the next month but before we left she told me when I came back for the trial next month that I may want to pack a tooth brush, in other words she already had her mind made up that I was going to jail before the trial even started, so why bother appointing me an attorney if she already knew she was going to put me in jail, kind of a pointless waist of taxpayers money. My court appointed attorney also told me that she was biased against men. I ask you, is this considered fair trial? Needless to say I was sentenced top 90 days in jail for contempt of court.
  2. I have the basic visitation with my children. 1st and 3rd weekends, holidays and the entire month of july every year. it is now Oct.22 and I have not been allowed to see my children by my ex since the middle of Dec. of 2003. She has made the comment that she don’t have to let me see them if she does not want to when the court orders clearly state that denying me access to my children can also be considered contempt of court. She was also ordered to apply for health insurance within 15 days and was also ordered to provide me a true and correct copy of the health insurance policy or certification and a schedule of benefits within 30 days following the signing of the order. I have never gotten any of this. Can she be held in contempt of court for failing to abide by the court orders as I have been.
  3. If I feel I would not get a fair trial from this judge is their something I can do about it?
    She almost had me convinced to sign my rights over to the children. Her new husband told me he had a talk with them and they told him thats waht they wanted. Since I was never able to see them I was thinking it was true and built a webpage for them to find me in the future if they wanted to.I still have the website up. But I have bumped into them and have started getting emails from my daughter. She is 15 and one of the emails I have got she talks about her feeling like she wants to kill herself sometimes and she told me she never said anything about wanting me to sign my righs over. She found my email address from the website I put up needless to say she printed it and showed it to her mom asking what it was all about. I also ran into my 2 sons at a park as they were leaving they passed us in their van and pretty much had to beg their mom to go back where they could see me. This was right after I had gotten out of jail and we were staying with friends and they asked if they could come and see me and I told them that I would like that very much but I was staying with friends and their house was messy and they said they didn’t care as long as they got to see me and spend time with me. So they asked their mom if they could and she said she would see. I have not seen them since. I have so much other stuff on my mind but I will close this for now. Oh since reminding her that she is ordered to let me have my visitation and she still wont let me I have written her a certified letter as a reminder with word for word quotes from the court orders as proof that I have been trying to see them.
    Thanks
    James Short