Is this going to work against me?
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Is this going to work against me?
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Okay, so I guess technically this is a law question, but the law section people are mean and I like you folks much better. ^_^
I just found out that two more attorneys have been officially added to the record as counsel against me for my appeal, so there are now 4 official attorneys on the case, two from Utah who I assume are still consulting, and the AP's private atty from Oregon, who is consulting.
Someone said it may work to my advantage because the judges will wonder what's up with the overkill, especially because I wont be represented by counsel, but I tend to think that they have a far greater advantage.
And now an adoption related question so that my question hopefully doesn't get deleted.
What do you do when you are feeling particularly angry/frustrated/etc about your adoption experience or adoption in general? I feel like I'm just holding it all in and it was working out up until a couple of weeks ago. It seems I need a new strategy. Additional Details The appeal attorneys are 5000 - 25000 dollars and I still owe over 8000 in attorney fees from trial court that I'm paying off so there is just no way I can afford an appeal attorney. The court transcripts themselves were over 2000 dollars.
I've tried pro-bono attorneys but none of them do appeals because they're "too labor intensive."
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spydermomma
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Oh Camira, ((((((((((((hugs)))))))))))
I wish I knew what to tell you about the law question. I don't think anyone in law could really give you an answer either, though. Because I think it really comes down to the judge. I wish it weren't that arbitrary, but I fear it is. I do think it might well look like overkill that they have 4 attorneys -- just against you!?! You must be some powerful woman! ... But I don't know what a judge might think. It isn't hopeless, though, I have seen judges really come down on attorney's for bringing in too much useless information, lots of witnesses, etc. Too much really can set a judge off.
But... if I were you I'd be anxious too. I'm sorry, I haven't been following every detail. Have you not wanted a lawyer, or was there a problem with one you had? Do you need money? Maybe we could take up a collection? I'd contribute. Money is tight right now, but I would squeeze some out for this.
As to the latter question. Holding it all in never works for too long. I'm sure it felt like it was working when you thought this nightmare would be over soon -- as it should have been. I have no idea what might work for you. Some possibilities might be: screaming really loudly, exercising to exhaustion, therapy, lots of chocolate, a really good cry with a good friend, singing along to really hardcore punk, punching a pillow or really putting on gloves and punching one of those hanging punching thingies (okay, you can tell I don't do this), going for a walk in a place that brings peace to you. Or a combination of several of these.
I wish there was more I could do... |
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Carnie C
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you need to get a lawyer. no offense but the law is a difficult and tricky roadmap to follow and they will bury you in an avalanche of paperwork, rules and minutia. if gershom was here, i have no doubt that she would be able to refer an attorney in your area for a reduced fee, if not free (she has all kinds of contacts regarding adoption).
it's going to cost you some money because they don't come cheap but my best advice is to get a lawyer before you get run over by a technicality and ignorance of the law. |
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Jennifer L
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I think it really depends on the perception of the judge, which is a hard thing to predict. It could be that your friend is right, the judge is going to see APs with 4 lawyers on one hand and a woman by herself on the other. Kind of like a David and Goliath thing.
Are there any local attorneys that would help you "pro bono"? Maybe ask on the legal section about the best way to find an attorney willing to take a pro bono case. I believe that most lawyers will do some pro bono work.
To your other question, I like to journal sometimes. Even if I don't ever read what I wrote, just getting some frustrations out on paper helps me.
Best of luck to you.
ETA: "Risk Management" is a politically correct way to describe the department that looks at every case and tries to keep their company from getting sued. Hospitals have a risk management department to deal with malpractice suits. |
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Randy B
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It sounds more to me like jurisdictional issues are at play more then anything. Of course, the APs are entitled to have an attorney present. I'm assuming that the two from Utah are there because that is either where you are or where the court is being held? I would think, one for the department/agency involved and one for the child? Either way, if they are there it's because they are representing someone who has an interest in the matter so I can't see the Judge kicking them out or viewing them as ganging up on you.
If you don't have a lawyer of your own I think you are right in that they will have a greater advantage. I'd hope there is some way you can get one or that the court will appoint one for you.
Either way, good luck. I fear you may need it. |
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BLW_KAM
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I'm not a lawyer, but four attorneys against one woman IS overkill. Why in heaven's name would anyone besides OJ need so many lawyers?
A few years back I hit rock bottom. Sadness, anger, and fear were eating me alive and I had no idea how to cope with it. Thanks to some wonderful people in a support group, I found something that helped me.
This may sound crazy, but go to a quiet place. Bring a picture to help you focus your anger and frustration. (Perhaps a picture of the APs if you have one or a picture off an adoption website that evokes negative emotions.) Prop the picture up, stare straight at it and yell, scream, cry, cuss, vent or rant. Say to the picture what you would like to say to the APs or their attorneys or anyone else who is standing in your way.
Focusing anger and then releasing it helps clear mind and body. Not only will this make you feel better, you may find some pearls of wisdom in your own ranting that can help you in court.
I send you peace and hope.
BLW_KAM |
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Independ"ant"
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No..it will not work against you. If they start to attack your character personally...it will work in your favor in the sense the judge will have more empathy for you.
What is relevant is the law and facts surounding the signing of the papers. If you can prove (as in having witnesses) that you were not in a sound mind (under influence of meds) and you can prove that you are and will be a competant parent, the judge "should" place the child back with you especially if the agency reps knew you were not sure about the decision after giving birth (and not capable of making a decision).
The adoption agency reps morally shouldn't have pressured (coerced) you into signing anything until you were off meds completely. Despite that its unethical and legal, they do have to be able state a strong reason for doing it. Based on your previous posts, I don't see how thats possible.
They are probably just trying to intimidate you(thats all)....stay strong and level headed...when you go to court make sure that you try to leave the tears at home and have the attitude that you want your baby and your not going to stop fighting for him no matter what.
Your case is a perfect example of legalized kidnapping....if anything, maybe your case can set presidence for future cases in which agencies and Paps ignore/take advantage of the hardship and feelings of the child and natural mother.
IMHO....they both should be sued after you get your child back. They are both criminals and are treating your child like a commodity rather than a humanbeing.
I don't see how any of those people can sleep at night and live with themselves for what they are doing.
I would suggest contacting the local media or any other news outlet. It will put pressure on the system to do the "honorable" thing.
Do not have empathy for the Aps...they only want the baby despite it not being in his/her best interest. Its all about them.
Focus on getting your child. |
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