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Child Custody Case Guidance
Summary
In Missouri, if you face inadequate legal representation in a child custody case, you can file a complaint with the Missouri Office of Chief Disciplinary Counsel. Consider hiring a new attorney to better represent your interests. Document compliance with service plans and address any conflicts of interest by filing a motion to disqualify the attorney involved. Ensure your religious and cultural practices are respected by documenting incidents and filing a complaint if necessary. Address medical concerns by keeping detailed records and informing your attorney. If there are issues with the conduct of investigators or juvenile officers, document the incidents and consider filing a complaint. For discrepancies in reports, obtain all related documents and consult your attorney to file a motion to review custody decisions. Seek legal aid or pro bono services if needed.Full Conversation
I hope this letter finds you well. My name is Nicole Aubuchon, and I am seeking a consultation regarding a child custody case involving my son, Hunter. The case number is 23RE-JU00003, currently being heard in the family court of Missouri.
Hello Nicole,
Thank you for reaching out. I understand that you are dealing with a child custody case. Could you please share more details about your concerns or specific questions regarding the custody case? This will help me provide you with the most relevant information.
Best regards,
FreeLawChat
Thank you for reaching out. I understand that you are dealing with a child custody case. Could you please share more details about your concerns or specific questions regarding the custody case? This will help me provide you with the most relevant information.
Best regards,
FreeLawChat
Over the past two years, Hunter has been in the care of the Children’s Division due to a series of challenging events. Throughout this time, I have diligently complied with the terms of the service plan and have made significant progress in my recovery journey. However, several critical issues have arisen that I believe compromise the fairness and integrity of these proceedings.
Hello Nicole,
I'm sorry to hear about the challenges you're facing. Could you please specify the critical issues you believe are compromising the fairness and integrity of the proceedings? This will help me provide more relevant information to your situation.
I'm sorry to hear about the challenges you're facing. Could you please specify the critical issues you believe are compromising the fairness and integrity of the proceedings? This will help me provide more relevant information to your situation.
Misrepresentation and Inadequate Representation: My previous attorney failed to advocate for my interests adequately, resulting in multiple procedural missteps. I was not informed of important hearings, my requests were ignored, and crucial evidence was mishandled.
Misrepresentation and Inadequate Representation: My previous attorney failed to advocate for my interests adequately, resulting in multiple procedural missteps. I was not informed of important hearings, my requests were ignored, and crucial evidence was mishandled.
Misrepresentation and Inadequate Representation: My previous attorney failed to advocate for my interests adequately, resulting in multiple procedural missteps. I was not informed of important hearings, my requests were ignored, and crucial evidence was mishandled.
Hello Nicole,
I'm sorry to hear about your experience with your previous attorney. Here are some general steps you can take regarding inadequate legal representation in Missouri:
- **File a Complaint:** You can file a complaint with the Missouri Office of Chief Disciplinary Counsel (OCDC) if you believe your attorney acted unethically or incompetently.
- **Seek a New Attorney:** Consider hiring a new attorney who can better represent your interests and address the issues in your case.
- **Request for Continuance:** If important hearings were missed, you might request the court for a continuance or reconsideration of certain decisions.
Would you like more information on how to file a complaint with the OCDC?
I'm sorry to hear about your experience with your previous attorney. Here are some general steps you can take regarding inadequate legal representation in Missouri:
- **File a Complaint:** You can file a complaint with the Missouri Office of Chief Disciplinary Counsel (OCDC) if you believe your attorney acted unethically or incompetently.
- **Seek a New Attorney:** Consider hiring a new attorney who can better represent your interests and address the issues in your case.
- **Request for Continuance:** If important hearings were missed, you might request the court for a continuance or reconsideration of certain decisions.
Would you like more information on how to file a complaint with the OCDC?
Compliance with Service Plan: I have fully complied with the terms of the service plan, despite not signing the agreement. Although I have had issues with the two-hour drug screen requirement, I have compensated by taking tests at SEMO Behavioral Health, New Era, and Compass Health. The rest of the requirements I have diligently fulfilled.
Hello Nicole,
Thank you for sharing more details. It's great to hear that you've complied with the service plan requirements. Here are a few steps you might consider:
- **Document Compliance:** Keep a detailed record of your compliance with the service plan, including test results from SEMO Behavioral Health, New Era, and Compass Health.
- **Communicate with your New Attorney:** Ensure your new attorney is fully informed of your compliance and any issues you have faced.
- **Present Evidence in Court:** Submit all documentation proving your compliance to the court to strengthen your case.
Would you like guidance on how to present this documentation in court?
Thank you for sharing more details. It's great to hear that you've complied with the service plan requirements. Here are a few steps you might consider:
- **Document Compliance:** Keep a detailed record of your compliance with the service plan, including test results from SEMO Behavioral Health, New Era, and Compass Health.
- **Communicate with your New Attorney:** Ensure your new attorney is fully informed of your compliance and any issues you have faced.
- **Present Evidence in Court:** Submit all documentation proving your compliance to the court to strengthen your case.
Would you like guidance on how to present this documentation in court?
Conflict of Interest: The Children's Division's attorney, Leah Avvocato, was previously the prosecuting attorney in my criminal cases in * and *, leading to my imprisonment. This prior involvement creates a significant conflict of interest and raises concerns about the impartiality of these proceedings.
Hello Nicole,
I understand your concern regarding a potential conflict of interest. Here are some general steps you might consider in Missouri when addressing a conflict of interest:
- **File a Motion:** Submit a motion to the court to disqualify the attorney due to the conflict of interest.
- **Consult Your Attorney:** Discuss this issue with your new attorney to ensure they can advocate for this motion effectively.
Would you like more information on how to file this motion?
I understand your concern regarding a potential conflict of interest. Here are some general steps you might consider in Missouri when addressing a conflict of interest:
- **File a Motion:** Submit a motion to the court to disqualify the attorney due to the conflict of interest.
- **Consult Your Attorney:** Discuss this issue with your new attorney to ensure they can advocate for this motion effectively.
Would you like more information on how to file this motion?
Religious and Cultural Practices: My religious customs as a Messianic Jew were not respected, impacting my ability to practice my faith and raise my son in our traditions.
Hello Nicole,
I'm sorry to hear about the challenges you're facing regarding your religious and cultural practices. Here are some steps you can consider in Missouri:
- **Document Incidents:** Keep a detailed record of instances where your religious practices were not respected.
- **File a Complaint:** You can file a complaint with the family court detailing how your religious rights are being infringed upon.
- **Consult Your Attorney:** Ensure your new attorney is aware of these issues and can advocate for your religious rights in court.
Would you like more information on how to file a complaint with the family court?
I'm sorry to hear about the challenges you're facing regarding your religious and cultural practices. Here are some steps you can consider in Missouri:
- **Document Incidents:** Keep a detailed record of instances where your religious practices were not respected.
- **File a Complaint:** You can file a complaint with the family court detailing how your religious rights are being infringed upon.
- **Consult Your Attorney:** Ensure your new attorney is aware of these issues and can advocate for your religious rights in court.
Would you like more information on how to file a complaint with the family court?
Medical Issues: My medical concerns were not adequately addressed by the Children’s Division and my attorney, despite providing all necessary documentation and authorizations.
Hello Nicole,
I'm sorry to hear about your medical concerns. Here are some steps you can consider in Missouri:
- **Document Issues:** Keep detailed records of your medical concerns and all documentation provided.
- **Inform Your Attorney:** Ensure your new attorney is fully aware of these medical issues.
- **File a Complaint:** Consider filing a complaint with the family court or the Children’s Division.
Would you like more information on how to file a complaint with the family court?
I'm sorry to hear about your medical concerns. Here are some steps you can consider in Missouri:
- **Document Issues:** Keep detailed records of your medical concerns and all documentation provided.
- **Inform Your Attorney:** Ensure your new attorney is fully aware of these medical issues.
- **File a Complaint:** Consider filing a complaint with the family court or the Children’s Division.
Would you like more information on how to file a complaint with the family court?
Investigator and Juvenile Officer's Conduct: After making a claim of imminent danger, the investigator and juvenile officer left Hunter in my care for * hours. This raises questions about the legitimacy of the imminent danger claim.
Hello Nicole,
I understand your concerns about the conduct of the investigator and juvenile officer. Here are some steps to address this issue in Missouri:
- **Document the Incident:** Keep detailed records of the incident, including dates, times, and actions taken.
- **Consult Your Attorney:** Inform your new attorney about this incident to help build your case.
- **File a Complaint:** Consider filing a complaint with the Children’s Division regarding the conduct.
Would you like more information on how to file a complaint with the Children’s Division?
I understand your concerns about the conduct of the investigator and juvenile officer. Here are some steps to address this issue in Missouri:
- **Document the Incident:** Keep detailed records of the incident, including dates, times, and actions taken.
- **Consult Your Attorney:** Inform your new attorney about this incident to help build your case.
- **File a Complaint:** Consider filing a complaint with the Children’s Division regarding the conduct.
Would you like more information on how to file a complaint with the Children’s Division?
CD Supervisor's Report: The Children's Division supervisor's report explicitly stated that Hunter was to be excluded from the protective custody request. Yet, despite this, my son has been in their custody for two years today.
Hello Nicole,
I understand your concern regarding the discrepancy in the CD Supervisor's Report. Here are some steps you can consider:
- **Obtain Records:** Ensure you have a copy of the supervisor's report and any related documents.
- **Consult Your Attorney:** Discuss this inconsistency with your attorney to address it in court.
- **File a Motion:** Your attorney can file a motion to review the custody decision based on this report.
Would you like more information on how to file a motion to review the custody decision?
I understand your concern regarding the discrepancy in the CD Supervisor's Report. Here are some steps you can consider:
- **Obtain Records:** Ensure you have a copy of the supervisor's report and any related documents.
- **Consult Your Attorney:** Discuss this inconsistency with your attorney to address it in court.
- **File a Motion:** Your attorney can file a motion to review the custody decision based on this report.
Would you like more information on how to file a motion to review the custody decision?
CD Supervisor's Report: The Children's Division supervisor's report explicitly stated that Hunter was to be excluded from the protective custody request. Yet, despite this, my son has been in their custody for two years today.
Hello Nicole,
I understand your frustration with the situation regarding the CD Supervisor's Report. Here are some steps you can consider in Missouri:
- **Obtain Records:** Ensure you have a copy of the supervisor's report and all related documentation.
- **Consult Your Attorney:** Discuss the inconsistency with your attorney to address it in court.
- **File a Motion:** Your attorney can file a motion to review the custody decision based on this report's findings.
Would you like more detailed guidance on filing a motion to review the custody decision?
I understand your frustration with the situation regarding the CD Supervisor's Report. Here are some steps you can consider in Missouri:
- **Obtain Records:** Ensure you have a copy of the supervisor's report and all related documentation.
- **Consult Your Attorney:** Discuss the inconsistency with your attorney to address it in court.
- **File a Motion:** Your attorney can file a motion to review the custody decision based on this report's findings.
Would you like more detailed guidance on filing a motion to review the custody decision?
i have no attorney she withdrew when i made it known of her misrepresentation
Hello Nicole,
I understand your situation is challenging. Here are some steps you can consider:
- **Seek Legal Aid:** Contact local legal aid organizations in Missouri for assistance in finding a new attorney.
- **Self-Representation:** Prepare to represent yourself by gathering all necessary documentation and learning about court procedures.
Would you like more information on finding legal aid in Missouri?
I understand your situation is challenging. Here are some steps you can consider:
- **Seek Legal Aid:** Contact local legal aid organizations in Missouri for assistance in finding a new attorney.
- **Self-Representation:** Prepare to represent yourself by gathering all necessary documentation and learning about court procedures.
Would you like more information on finding legal aid in Missouri?
i would like a pro bono lawyer or a limited scope lawyer but i have not found any in family ocurt
Hello Nicole,
I'm sorry to hear about the difficulties you're facing in finding a pro bono or limited scope lawyer. Here are some resources you can consider in Missouri:
- **Legal Aid of Western Missouri:** Offers free legal services to low-income individuals.
- **Missouri Bar Association:** Provides a list of pro bono and low-cost legal services.
Would you like more detailed information on how to contact these organizations?
I'm sorry to hear about the difficulties you're facing in finding a pro bono or limited scope lawyer. Here are some resources you can consider in Missouri:
- **Legal Aid of Western Missouri:** Offers free legal services to low-income individuals.
- **Missouri Bar Association:** Provides a list of pro bono and low-cost legal services.
Would you like more detailed information on how to contact these organizations?
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