Socrates,
That comment was directed at the other two not you. Despite your false insinuations, I’ve enjoyed the exchange of views. I’ve learned alot so far. As far as the detailed questions, I think I’ll take the suggestion offered by Sporty and not comment further about the specifics of my case. However, my personal experience has been that findings of the Court are frequently false. And even if they were true, they still would not justify the acts and omissions I have witnessed. Sometimes, the Court cannot see the forest for the trees, or the saying goes something like that. It seems to get to overly involved in trivial details and misses the big picture entirely.
T-

Sporty,
The State’s Attorneys office never signed or asked for that Warrant. It was one Judge who signed it based on the testimony of one privately employed attorney who prepared it. There never was a GAL provided and for obvious reasons. The findings of a neutral GAL would have reflected very negatively on the findings of the Court. Believe me, when I say I asked for one at least three times if not four. I was simply trying to get the truth out but unfortunately the Court doesn’t always want to consider the truth. Socrates the answer is no but I can’t go further into it here. But rest assured, I will in my complaints.
T-

Ok, and if the children were not abused, neglected or abandoned, they would not give you one, that is standard.  Remember, they are COURT APPOINTED.  Lawyers advise them.  If you say you didn’t have a GAL, then that is a good thing, if in fact that is true.  If there was one, it would raise a lot more questions, and that would not be a good thing.  I’ve dealt with GAL’s and really, there aren’t enough volunteering their time to go around to all of the children that need them.  Also, they don’t really do too much, other then ask questions, which as I am sure you know, the answers are often time slanted.

I think you are being wise with not discussing the specifics of your case in here. 

As for getting the truth out there, I am under the impression that you miss your children, your children probably miss you and you need to do what needs to be done, with that warrant so you can be actively involved in their lives.  You don’t want for them to think that you have abandoned them.  I am also under the impression that you feel you got shafted by the courts, which, since I do not know all of the facts of your case, I can’t agree or disagree with you.  I can however say, what you have posted here makes me raise an eyebrow.

As for the complaints, get some help doing them.  Wording can make a big difference, as a person who isn’t as bitter as you are would be able to do it better.

Don’t take this as an insult, take is as advise.  No harm meant.

Socrates,
I will say this. Because of the stress that I was put under during this process, I did go see a, let me see if i can spell this right, a psychiatrist, in fact, he was at the time the Highlands County Court psychiatrist but had a private practice as well. His first words after furiously jotting down notes for about 1/2 hour were, “Before we talk about this, I just want you to know that they’ve put you through hell.” And, this was back in 2001. I have not been prescribed any significant mood altering drugs and there never has been any finding that I’m unfit. And one would have to question a finding such as that anyway in light of the fact that the children were voluntarily left with me for so many years. When it comes to my children though, I’m a little obsessive particularly when it comes to their physical, mental, and emotional welfare. O.K. that’s it no more talk about my personal case.
T-

I talk to my children all the time. They are fully aware of their surroundings and know why I can’t see them. They know the truth. Hopefully, I’ll still get them for some holidays and sometimes in the summer and maybe if I can put together a successful series of complaints, it will allow me the opportunity to have the Court revisit issues it has previously ruled on. I have no idea what the future holds. I guess life’s a marathon and not just a sprint.

If I send you a PM, and have a couple of questions, will you answer them?  This will be done, so that I can then tell you what I would do, and if you agree, it may give you an idea.

Check your PMs

tstarkey - 29 October 2007 06:16 PM

Check your PMs

I did, now check yours.

tstarkey - 29 October 2007 06:16 PM

Check your PMs

Please check yours again.  Thanks.

tstarkey - 29 October 2007 06:00 PM

Socrates,
I will say this. Because of the stress that I was put under during this process, I did go see a, let me see if i can spell this right, a psychiatrist, in fact, he was at the time the Highlands County Court psychiatrist but had a private practice as well. His first words after furiously jotting down notes for about 1/2 hour were, “Before we talk about this, I just want you to know that they’ve put you through hell.” And, this was back in 2001. I have not been prescribed any significant mood altering drugs and there never has been any finding that I’m unfit. And one would have to question a finding such as that anyway in light of the fact that the children were voluntarily left with me for so many years. When it comes to my children though, I’m a little obsessive particularly when it comes to their physical, mental, and emotional welfare. O.K. that’s it no more talk about my personal case.
T-

T -

Well, that was rather nebulous. I just said mood altering medications. I didn’t include the word “significant” because individual responses to prescription medications are unpredictable. What is insignificant to one person can have subtle but significant unwanted reactions to another. Your lack of response to the question concerning your lawyer / lawyers suggests that your lawyer / lawyers might have found you as objectionable as you find them and asked to be replaced. Lawyers do have rules and regulation. If you believe they violated those rules, the bar association has a complaint and investigation process. Did you avail yourself of that process? If not, why not? If yes, what was the outcome and do you still have all of the paperwork related to it?

S.

Socrates - 29 October 2007 07:48 PM

tstarkey - 29 October 2007 06:00 PM

Socrates,
I will say this. Because of the stress that I was put under during this process, I did go see a, let me see if i can spell this right, a psychiatrist, in fact, he was at the time the Highlands County Court psychiatrist but had a private practice as well. His first words after furiously jotting down notes for about 1/2 hour were, “Before we talk about this, I just want you to know that they’ve put you through hell.” And, this was back in 2001. I have not been prescribed any significant mood altering drugs and there never has been any finding that I’m unfit. And one would have to question a finding such as that anyway in light of the fact that the children were voluntarily left with me for so many years. When it comes to my children though, I’m a little obsessive particularly when it comes to their physical, mental, and emotional welfare. O.K. that’s it no more talk about my personal case.
T-

T -

Well, that was rather nebulous. I just said mood altering medications. I didn’t include the word “significant” because individual responses to prescription medications are unpredictable. What is insignificant to one person can have subtle but significant unwanted reactions to another. Your lack of response to the question concerning your lawyer / lawyers suggests that your lawyer / lawyers might have found you as objectionable as you find them and asked to be replaced. Lawyers do have rules and regulation. If you believe they violated those rules, the bar association has a complaint and investigation process. Did you avail yourself of that process? If not, why not? If yes, what was the outcome and do you still have all of the paperwork related to it?

S.

Socrates,
Well my first attorney isn’t going to like this but let him sue away. I’ve heard older Southern people say, “You can’t get blood from a turnip.” Guess, I’m a turnip. I filed bar complaints after the Final Hearing in 12/2000. My complaint was basically that there was a conflict of interest with my attorney in that while he was representing me, he was also representing my ex-wife’s boyfriend and now husband. I didn’t learn of this until several months after I retained him. When I learned of this and brought this to his attention, he told me, “You take care of the kids, and let me worry about the legal stuff.” I trusted him and did everything in my power to take care of the kids. I had this unique job where I was given a lap top, a cell phone, and was told to come to work when I needed to. So, I had plenty of time to take the kids to their Doctors appointments etc.
I did my part of this but unfortunately, I did not anticipate that something would come up where there would be a conflict of interest, specifically, a fabricated incident that justified a domestic violence petition, where a child of this boyfriend was alleged to be a witness. Well, once this allegation was made, this created a conflict of interest and the attorney had to withdraw. No effort was ever made to prove the allegation but it did give my opponents a strategic advantage. Subsequently, the Bar has required attorneys to advise clients in writing when a potential conflict of interest exists.
After that (it had been two years) I was so frustrated with the legal process I represented myself in a 1.5 day trial. I called virtually all of the witnesses, the day care people and teachers hardly knew the mother. While I didn’t like the lawyers at that point, I still trusted the Judges. My only experience with Judges was the children’s bible I had read as a child. So, I did all the paperwork, did all of the depositions, as best I could. Well, at the Final Hearing, the Judge said, “That’s one of the finest Pro Se representations I’ve ever seen, and proceeded to throw the book at me, let my former wife’s attorney prepare the Order, which evidently included her Christmas wish list, and the Judge approved the Order as prepared. Based on the Order, I must have fallen asleep because 1/3 of what was written was never discussed. And, while the Judge heard my request and verbally ruled that retroactive child support for the time I had the kids would be awarded as “equitable distribution” to the former wife, the attorney who prepared the order refused to address the issue in the order. I intended to and would have appealed that omission but the appeal process is very complicated and expensive, and I immediately became embroiled in the welfare of my children so never followed through on the appeal.
I filed the complaint and it was rejected because I misused a phrase that I had heard from my attorney in response to the attorneys’ responses. I said, “I learned of this potential conflict of interest several months after I retained the attorney.” The reality was that I didn’t learn of a potential conflict of interest, I simply learned that he was representing the boyfriend of my former wife, the one she had left me and the kids for. I guess this is why I do not feel the Bar does an adequate job, they will analyze everything and look for any fragment of information to justify inaction.
I decided not to take Sportys’ advise, if the oversight agencies do nothing they will only be meeting my expectations.
T-

Oh, and one other thing, my ex-wife’s attorney was representing the estranged wife of the boyfriend in his divorce. So my complaint against her was that they both obviously knew of these conflicts and therefore there was some collusion. Needless, to say neither complaint was successful and the Statute of Limitations has expired on any recourse from my perspective.

OK, I keep thinking of something else. Go and try to, to, to, (as Jimmy Stewert would say) to find a legal malpractice attorney in or near Highlands County. They don’t exist.

I don’t know what to say, but at this point, I don’t think I will give you any more advise, as much as I truly want to help you, but you aren’t going to listen to me. 

I still had hope to help you get more involved in your childrens life.  Check your personal e-mail, please.  I think you probably have doubts about my motives, but you shouldn’t.  I told you, trust, and that is something that is earned.  I sorta knew what your motives were in that first PM you sent to me.  I did not ask anything personal, other than one question and I still haven’t gotten an answer to that.  That’s ok, I got the advise to you anyway, and I only hope it helps.

If anything new develops, let me know. 

I will say, your most recent posts are making a lot more sense than the ones earlier.  You will get there, in time.

Edited to say, he has answered my question asked of him, in a PM. 

Thank you and maybe what I told you can be helpful.  And he knows, I only wish him the very best.

T –

Thanks for the details. Most enlightening and a good example of why becoming involved with attorneys and the courts should be an absolutely unavoidable last resort. “You take care of the kids, and let me worry about the legal stuff.”? Who is the arrogant idiot that told you that? You should publish his name as a public service to protect other people seeking legal counsel. The rest of your story is a good example of why one should never act as his own attorney. Even attorneys who get in trouble usually have other attorneys to represent them. I can understand your anger and frustrations, but I think it is distorting your perception of what you can accomplish and at what cost. Noble as your cause may be, you could spend the rest of your life trying to change the legal system, and have nothing to show for it at the end. You can’t clean it up. You’ll only get dirty by wallowing in mire of it. There aren’t enough people who have any vested interest or a reason to care about it. That’s why a few pages back I suggested you consider eating the loss, bitter as it may be, and focusing your passion and energy on things that are more important and are actually are within the scope of accomplishment. Reconsider that.

T-