opposing attorney filed appeal to get board certification

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mazzy

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My daughter has a child by a man she wasn't married to. She has been an excellent mother, and the dad, who I'll call Dick, has been mostly missing from the child's life. When she was 6 mo old he took my daughter to court asking for visitation rights. Because he had a drug problem, the judge set up a temporary schedule. Dick didn't follow the schedule and failed 2 drug tests during this time. (amphetamine, methamphetamine, cocaine, marijuana, ghb? and methadone) When it came time for the final, Dick begged for another temporary, and received it. He didn't even try to complete this, then disappeared for almost a year. During that time the final came up, which he cancelled.

Now the child is 3 1/2, and he just took our daughter to court again. The original judge died, so they went before a new judge. Dick's step-mom happened to be his campaign manager, and Dick's dad is an attorney who is friends with the judge. (Is this a conflict of interest?) With all of the evidence against him, the judge gave him joint conservatorship, even though the child doesn't know him. He gave a brief phase-in, with the initial visits to be supervised at either his mom's or dad's house. He was also ordered to get insurance for her by the 1st of April, which he hasn't. Dick has a live-in girlfriend, who I'll call Jane. My daughter asked that the morality clause be enforced, hoping to discourage the overnight visits. They didn't stay at the parents house for the overnights, nor did they obey the morality clause. After we got caught them breaking the morality clause, they got married. Jane told the child that her mother was a "stupid bitch", and the child has also used the term "rich bitch". I'm not sure which of the 2 she heard it from. Now that they are married, Jane tries to make her call her "Mommy". This is very stressful, and confusing to the child.

The overnights have been traumatic for the child. She cries constantly, and is afraid for her mom to leave her. She also has nightmares. While she is with them, Jane is the one who cares for her. She has very little to do with Dick. So basically, my daughter is sharing custody with a controlling step-mom. My daughter has tried to reason with Dick, but Jane won't let him talk.

Now they've filed an appeal. We weren't sure why, but on Friday my daughter told him that since he filed the appeal, she assumed that the new order was suspended, and she wasn't sending the child for the week-end. He told her that the only reason the appeal was filed was so his attorney could get board certified. His attorney is also one of his dad's friends, who represents him for free. My daughter is paying an arm and a leg everytime she even talks to her attorney. Since the appeal, she's already gotten billed for another $750.00. Now they are threatening my daughter with contempt charges if she doesn't give them an extra week-end.

What can be done here?

Is it legal for an attorney to appeal so he can get board certified? Can we sue his attorney for using my daughter as a career stepping stone?

Please help!!
 
It would be hearsay because "Dick" told your daughter, she didn't hear it herself. The other order was not suspened just because an appeal was filed so the daughter is in contempt of the order. An order stands until a new order takes its place. Anyone can sue for anything but you don't have a case against the lawyer based on your statements. I would suggest that your daughter take her daughter to counseling to help her through this difficult time and she can ask her lawyer if she can include it in a future order for the dad to pay half. It may be possible for her lawyer to ask that the judge recuse himself for conflict of interest but that could make things worse by making the judge angry. Another avenue is to file a complaint to your state's Commission of Judicial Conduct, but once again that could anger the judge if he isn't replaced and could make things worse for your daughter. Best bet would be the counseling and support your daughter emotionally the best you can through these hard times.
 
Is it legal for an attorney to appeal so he can get board certified? Can we sue his attorney for using my daughter as a career stepping stone?

What does this mean?
 
According to the child's father, the attorney filed the appeal because he needed the experience to earn his board certification in family law. This was also told by the child's grandfather who is an attorney to our attorney.
 
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