Can I write to the Honorable Judge?

[Destiny19692006]

Hello,
My Husband and I received custody from the courts in Oct, we are the Aunt and Uncle. My niece got every other weekend, and certain holidays. He also asked her to pay child support effective November 1, 2008.
He warned her because of her past, should she mess up one more time, for us to contact him and he would take everything away. This I assume, means her rights to the child.
My niece has messed up three times since this started. No support has been paid, she brought the child home late and appeared High, and the very last time, they had car problems and was running late, and used this excuse saying the headlight was out on the car. It was out last time when she brought the child home.
So, the question is, Can I write the Honorable Judge in this matter. I can't afford my attorney I used in court to seek her advice because I have spent over $3,500.00 and that took all of our savings. I really want to appeal his ruling of her having visatation, can I do that still?

Thanks for reading,
Destiny19692006

 

[jacksgal]

Anything pertaining to an active case must be brought up in court and opposition provided same evidence etc. Sending a judge a letter will be returned unopened most likely or contain a letter advising you that this type of communication is not allowed

 

[Duranie]

This is a bad idea as it is considered ex parte communication and judges do not have time to deal with stuff like this. You should be able to file a motion to revoke visitation. You do not need an attorney to do this. I would go down to the courts and see if anyone there can help you. If your neice was high, why didn't you call the police? If she was driving under the influence you could have had her arrested.

 

[Destiny19692006]

Thank You both for the advice. I have never had to deal or go through something like this. When the mother dropped the child off, she was definately on something, she didn't appear to have been drinking. Her habits I know is Loratab, and Zanax. The courts are aware that she is also taking methadone. I don't know the side effects of that, but I do know she goes to a clinic and gets it 5 times a week.
Now, why didn't I call the police? I could give many excuses, but the truth of the matter is, she is driving around in a car, that she just received from someone, and was in and out of here like 2 seconds flat. The only reason I noticed anything about the car, was the headlight being out when she drove up. I would be unable to describe the entire vehicle to them, considering it is the first time I had seen it, and secondly, how could I tell them which direction she went out, and I doubt very seriously the police would have followed it up.
Poor Judgement on my part for not calling, I understand. :no:
I was more concerned at that point that the child was home safe. If it does occur again, I will do just that and call the police, as I know that could be crucial and evidence to our case.
So, once again Thank You for the information on what I should do and be doing. :yes:

 

[Destiny19692006]

This is a bad idea as it is considered ex parte communication and judges do not have time to deal with stuff like this. You should be able to file a motion to revoke visitation. You do not need an attorney to do this. I would go down to the courts and see if anyone there can help you. If your neice was high, why didn't you call the police? If she was driving under the influence you could have had her arrested.

The Clerk of court had written a letter in correspondence of Nov. letter written by the custodian before I received cusody regarding the mothers non-complience with the case. In this letter it states she should discuss her concerns with her attorney who will file a contempt motion if determined necessary. The contempt motion must be set for hearing. She had written because she was here the day the mother dropped the child off and saw she was late and high and had concerns of the child in the mothers care.

I Can Not Afford My Attorney To Do This since I am the one who now has custody, So, Now What? The custodian before me can not afford the attorney either. You said I could go down there a file a motion to revoke visitation, and I would not need a attorney to do this. Is there anyway I can do anything without having to have a attorney to represent me in everything I do. I am not sure if I ever stated it or not, or if it matters, but I Live in Alabama.

 

[WhirledPeas]

>>Is there anyway I can do anything without having to have a attorney to represent me in everything I do. <<

Yes. Go to your local courthouse for assistance. They may have a website that would prove helpful as well. If you're appealing the decision, you'll have to act quickly. The clerk can help you to determine if you're within the time frame necessary to appeal a decision and, if not, help you to locate the forms you need for plan B.

 

[Destiny19692006]

Thank You so much. I have been so stressed and was willing to go refinance our home to get the money if I need to. I have seen this pattern with this family go on long enough and it needs to stop. My half sister did drugs and drinked, and you name it, then my niece, the same thing, then her oldest daughter who is 14, the same thing, and I have the 2 year old, and I will do what I need to do to see it stops and never happens to her. I just want to protect her and give her the Love and attention she deserves, and not have to go through what all the other kids went through and none of them live with the mother or fathers. Yes, she has a son also, and his dad killed himself last Christmas, and was subjected to all the drugs and drinking and police. They are all taken in with different grandparents. It is not right to put a innoncent child through that.

With all that said, all I can do is Thank Everyone who has responded and tried to help me with this, and keeping the child safe, and not having to be subjected to all that, the other children went through.