Archive for the ‘Mediator services’ Category
Jon Myers discusses Calm Interventions mediation services
Duration : 0:1:14
My fiance and I are going to court for custody of his daughter. We are asking the court to give us temporary full custody based on the living conditions she is in when she’s with her mom.
The mom shares a one bedroom apartment with seven other people and an eighth lives in a garage. The mom sees nothing wrong with these living conditions and feels insulted that we are trying to get temporary custody because of this.
The little girl says that the people in the house hit her and that when she rides in a car with her mom that she sits on a pillow between the two front seats and ducks when a police officer drives by because all other seats are full. The problem is we haven’t seen any obvious bruises and have no way of proving that these things are happening. We did file a report with Social Services and they interviewed the family in the presence of the little girl and determined that she didn’t always do as she was told so if she was being hit, there was probably a reason (I’m not kidding, this is what the man told me.)
My fiance and the mom went to mediation and were unable to come to an agreement so the case went back to the judge. The judge requested that they come back because the mom hadn’t brought a translator, didn’t have money to hire a translator there and hadn’t served a response.
Since they were unable to come up with an agreement in mediation (the mom refused to budge at all, she thinks that his fri night to mon morning is too much time already and sees nothing wrong with her environment) the mediator suggested a custody evaluator which he said could cost up to $20,000.00.
My fiance and I both work and make enough money to support ourselves, take care of his daughter’s needs and pay for a two-bedroom apartment so his daughter can have her own room. We aren’t using lawyers because we really can’t afford it and I’m totally fine with working extra hours and doing whatever we have to do to get a custody evaluation done, but don’t want to get so far in debt that we can’t support the little girl if we get her. We’d like the mom to pay for half of the evaluation, but she doesn’t work.
Are we better off taking our chances with the judge and hoping that the judge sees her environment as unacceptable and paying for the evaluation so that a professional can determine what’s best for this child? Or would we be better off giving up on getting her a bed in a bedroom (that’s all we’re asking the mom to provide for her) and trying to get a little extra time and stipulations stating no corporal punishment?
I think the living conditions are unexceptable and that the little girl deserves every opportunity available to her and that she’s worth fighting for. But if the courts, social service, cutody evaluators, mediators and all other players involved don’t see anything wrong with where she currently is, I don’t want to keep fighting a battle that we won’t win. I’d rather pour that money into a family vacation fund and college fund for the child and just make the most of every minute we get to spend with her. Advice????
If this was my child, I couldn’t give up. I wouldn’t care what it cost me. If I was denied, I would appeal. As much as you say you can’t afford an attorney, I think it would be cheaper to get one. $20,000.00 for a custody evaluator? It sounds like you are being taken for a ride by the mediator imho. A lot of attorney’s have payment plans and would cost a whole lot less.
If you have a contract with an attorney to resolve a land dispute and payment was made in full as agreed,and now he tell’s you you must pay extra for a mediator and and he will be asking for more money as case goes on.He gave you a set fee for his services and it was paid in full at that time and you have taped recorded proof,and mind you that this case is in the state of Texas,where I have been told that on recording you only need a one party consent. Thanks Jinny
You are in a bind. If, when, you let the attorney know that you have such a recording, then he or she will be less happy to represent you properly. On the other hand, when the attorney demands more fees and payments, and you do not come through or balk at paying these, then the attorney can be less than stellar in representing your best interests. Either way, it is difficult. No matter, it is common practice that either you pay a flat fee or charges as they happen (like by the hour). Either way, if the attorney has outside expenses, those are passed along to the client. This would be true especially for a mediator.
me and my wife are divorcing I hired a lawyer to represent me he charges by contract not by the hour I signed this contract however I fired him becouse me and my wife reached an agreement ”marital settlement” and are now going to a mediator. even though my lawyer never went to court he only met with me about 3 times at his office I gave him an initial check for 3,500.00 now he wants me to pay him the rest, 4,000,00 couse he charges 7,500.00 he said eather I pay him the rest or he will sue me for that, becouse it’s in the contract but the Divorce never went to court and he never did any paper work on the case exept the document he filled out to contest it bur I paid him 800.00 separate for the 20 minutes he spent doing that. I even ended up taking that document myself to court to have it filed. anybody out there with the knowledge to advice me on this scary matter? I don’t want to face this guy in court his a lawyer I am just a hard worker help!!!
Even through lawyers have client’s sign retainer agreements that are "fixed fee" the state bar code of ethics requires that attorney’s charge only "reasonable fees" for services rendered. That is to say.. that even though you may have a set/fixed fee agreement the fees must be reasonable. This should also be codified in you states Business and Professions Code.
You should demand a full accounting from your attorney for services rendered. Further you should contact the state bar and local bar association and file complaints for failure to return unearned attorney fees.
Demand that your attorney fees be returned by your ex-attorney and inform him/her that you intend to file a complaint with the state bar. (this demand should be made in writing – with you keeping a copy)
We have been through 5 years of litigation in family court. He also says he saw rats at his dad’s house during visitation. I cannot go back to family court because they think this is he said/she said. The judge just gave his dad 29% visitation, though the family court services mediator recommended only 7% visitation. The judge did not like me even though I am a working paralegal and my ex is a bum and stays at home making drug paraphernalia for he and his girlfriend to sell. What to do?
Unfortunately your SON is the one being put in this position now because of his age but he still needs YOU as his biggest and strongest fighter!
First of all let me congratulate you on raising such a SMART boy!! He is smart enough to know that what is going on at his dad’s house is wrong and he doesnt like how he feels when he is there! That is HIS RIGHT!!
I dont see why ANYONE could force a 15 yr old boy to visit a place where he feels uncomfortable and unsafe! Talk to your son and tell him that you have done ALL that YOU can and if he feels very strongly about it then HE will have to be the one to now fight his father in court. Remind him that through it all you will continue to stand right by him NO MATTER WHAT (even if he decides that he in fact DOES want to spend that 29% w/ his dad after all)
Your son may be VERY scared and apprehensive about doing this b/c I am sure that even though something is "not right" about his dad.. its still his DAD and he still LOVES him no matter what! So he is probably torn by his own feelings and hurting his fathers feelings. But that is another reason that you need to let go of your strings and let him handle this one on his own. Explain to him that although it may hurt his dad’s feelings that MAYBE just maybe his father hearing from him OWN SON that he doesnt feel safe will make his dad think about what kind of life he is leading and role model he is being! If they are in the whole "drug" thing it probably wont be enough to stop him but it might at least make him think! Also, talk to your ex and explain WHY your son doesnt want to visit… dont just tell him that YOU dont want your son there.
Despite EVERYTHING though… YOU are mom… and as moms it is OUR RESPONSIBILITY to do what is right for our children and thier well being and if you think your son is in danger in ANY WAY by being around his father then you FIGHT and you KEEP FIGHTING until you MAKE someone understand!! After all… it is MUCH better to be in court CONSTANTLY then spend ONE day BURYING your son b/c of his father’s neglegence!!
Good luck to you and your son and I am so sorry to hear of the turmoil that your ex is creating in your sons heart!