Help!


#1

2 professionals an LSCW and a pediatrician testified that there was highly unlikely that the father was being truthful about not having same sleep issues as the mother claims, such as night terrors and waking multiple times per night, and a recent sleep study that proved that the child does have sleep issues. the judges findings was that there was substantial evidence to show cause that the child was being affected by the former court visitation schedule, and yet, he found that the child was not having same issues at fathers home. former order was a 2-2-3 schedule, however, the way it was typed up, it was technically a 2-2-5-5 schedule…the judge changed the order to a week on/week off, so Im not sure what difference he thinks 2 days is going to make. also, he wrote his notes wrong, and didnt include vital testimonial notations, that adversly affected the outcome. Such as, My mother stated that the first 3-4 nights back from the fathers home, the sleep habits are HORRIBLE, but by the 3rd or 4th night, it eases up, but is still not where the child needs to be, regarding the amount of sleep that is needed, because even on those nights, she still wakes up 2-3 times per night. However, judge wrote in his notes that such and such testified that under the 60 day trial period of the week on and week off, that issues have eased up and are better…no one ever said that!!! My testimony was that the night terrors have worsened, and now include violence. However, in court findings, he said that it was found that under this 60 day trial that the night terrors and level of distress is better…thats NOT what was testified to, and the sleep study verified that issues have not gotten any better under the trial period. My mother and I also testified that the night terrors still occur 3-4 times a week. There was no evidence or testimony given that stated any different by ANYONE. So we have no idea where he drew his conclusions/findings from. The judge ignored that fact that the father was denying me phone access to my child, when he admitted under oath that he did say that “you dont need to talk to her every damn night, thats MY time with her”…he ignored that fact that BOTH attorneys caught the father in a few lies, and changed his story. The father did NOT have any evidence against me, vs all of the medical documents, professionals, texts, emails, videos, voice recordings that I had…he ignored the fact that the father changed appts behind my back, and refused to allow me to attend the sleep study session with our daughter…point being, he STILL found it in the childs best interest to keep this at a shared/joint custody of 50/50. My attorney knew that this wasnt correct, so had a meeting to ask the judge for a motion 60 hearing. It was approved. However, during the actual hearing, when the attorney mentioned the errors of his findings of the “child has improved in sleep and terrors”…the judge corrected himself by saying that he MEANT to put that has the child has “SOMEWHAT” improved…so the judge allowed that correction to be made. My attorney also inquired about the other issues, which is when the judge began reading his notes…which was how I knew what the judge had written down as the custody hearing was taking place, so it was very obvious that this judge made errors. He is a NEW judge, and this was his FIRST EVER child custody case. My attorney then asked the judge to make the necessary corrections, and find in favor of his client, or to allow the case to be re-opened so that we could present more evidence. The judge denied both issues. So, thinking that the court had recordings of this hearing (I had asked my attorney to make sure it was recorded), I went to the Records dept, there is NO recordings or transcripts of this hearing!!! So we CANNOT prove what was or wasnt said during the trial. I DO have emails between the attorney and I regarding these mistakes, and my attorney stating that he was just as confused as we were regarding where the judge came about his findings, because its not what was testified to, or evidence proved. I had to twist my attorneys leg to get him to file the motion 60, so once the hearing was done and over with, he is refusing to do anything further. So, at this time, hes off the case, since the trial and hearing is over with. Without evidence of what was said or done in this hearing, (the court transcripts) I have no way to prove anything, so I cant even appeal it. I do not have money to hire another attorney again, I had to borrow the money for this attorney from my grandmother. My child is the one that is going to have to continue to suffer psychologically, because the courts failed her. She has severe separation anxiety, night terrors due to stress, chews her nails way way down to nothing due to being stressed out, the sleep issues that were NOT present prior to the first court order, and anger issues. I feel so helpless because Im cornered and cant do anything about it. It seems Ive done everything possible to show the courts that we werent lying, or making anything up, we were able to provide evidence with every bit of my claims against the father, and yet it made no difference in the end. With the father denying these issues, its neglect. With the father refusing to go to sessions and had attempted to deny my rights to take her to therapy, shows he doesnt have her best interests in mind at all. I thought the judge was supposed to base his findings on evidence, facts, and things that can be proven beyond a shadow of a doubt, but, instead, he ignored several important things, and went by the fathers words that everything is peachy at his home, when professionals and sleep study test says its not possible!! HELP!!! I would like to have a new hearing, to correct these issues, and to present more evidence thats CRITICAL, but was not presented due to lack of time!!!


#2

This question is outside of the scope of the forum. It is difficult to answer questions about what you should procedurally do next in your case without all the facts which would require a full consultation. If you do not want to consult with a new attorney, the best person to advise what you should do is your former attorney.


#3

Not an attorney*

I realize your frustration and desperation, but attorney’s are just like you and me. They work for a living, and earn that living by charging their clients for their time and advice. So to say, “all attorney’s want is money” is of course true, because that’s how they make their living. Just as all mechanics, doctors, plumbers, teachers, etc. want money for the work they do.

Rosen is offering a free service with this forum where a REAL attorney attempts to answer questions. They also offer a wealth of articles, forms, video’s, etc for free. I wouldn’t be so quick to bite the hand that’s offering you free advice.

With that said, there are some resources available for pro-bono work in NC. Not sure if it’s cool to post direct links, but if you google pro-bono legal aid NC there’s several sites to assist.