The Letter My Friend Says I Shouldn't Send - A True Story, page 2


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reply posted on 20-4-2011 @ 06:08 PM by Amaterasu
Originally posted by Annee
Another thought.

There should be no communications except through lawyers.


I don't have either a lawyer or the money for one. The one they assigned - as you can see - was pathetic, and he's gone now. Here's the email I sent when I got home (I went from court to the bus station):

Dear Mr. Ochs,


I want to rescind my forfeiture of my parental rights and was just informed that this is an option. How do I do that and how long do I have to do so?

Once I calmed down after the trial, I realized how you played me. It became clear that you were not representing me so much as you were working with your "old boy" network, trying to make me cave to pressure - either in the interests of the petitioners or because you didn't want to bother with the effort of defending me. You kept telling me I would lose and that you wanted to secure something for me - if I lost I would wind up with nothing. In the pressure of the moment, with a lack of information, I cracked - went temporarily insane. Not once did you mention appeal, nor did you explain (as an attorney who cared about MY interests would have done) that I would lose my right to an appeal if I capitualted.

For that matter, you didn't even try to get me to ask for more than the petitioners were offering! Nor did you inform me that I could rescind my less than rational choice in the courtroom on Friday.

On top of all that, you never mentioned that I could (and should) challenge that very biased piece upon which the judge based her ruling - nor discuss HOW to challenge it. In fact, the only "advice" you gave was to cave.

I can assure you that I would have made very different choices if you had actually put forth much effort to inform me, to defend me, or even to discuss any strategy at all. But instead, you placed me under duress, deliberately removing me from my support, taking me aside from [My Friend] who truly did have my interest at heart, to pound me with dire assessments and giving me no hope.

Legal kidnapping runs rampant because of insensitive, lazy behavior such as yours appears to have been. At this point I imagine you may understand why attorneys have such a bad reputation...

Again, I want to rescind my forfeiture of my parental rights. Vindicate yourself and give me assistance.


Sincerely,



[Amaterasu]



reply posted on 20-4-2011 @ 06:22 PM by burdman30ott6
reply to post by Amaterasu



*sigh* She's 8. Don't continue to make her a pawn in the middle of this assinine game. Send whatever you want to the adults, but your child should only know that you love her and miss her. She doesn't need you trying to turn her against the only stabillity she currently has.

I'm not a professional, I'm only a parent. Sometimes you have to be like the woman in the King Soloman parable that told Soloman "No, give the baby to the other woman rather than tearing her in half so we each may lose our child." Yeah, it sucks, but a parent sometimes has to take the pain to protect their child's little light and make sure that flame lasts as long as possible before the world throws water on it.


reply posted on 20-4-2011 @ 06:29 PM by Amaterasu
Originally posted by burdman30ott6
reply to
post by Amaterasu



*sigh* She's 8. Don't continue to make her a pawn in the middle of this assinine game. Send whatever you want to the adults, but your child should only know that you love her and miss her. She doesn't need you trying to turn her against the only stabillity she currently has.


I agree, and I guess I didn't make it clear that I didn't expect they would show that to her. It was for the future and for the rest of them now.

I'm not a professional, I'm only a parent. Sometimes you have to be like the woman in the King Soloman parable that told Soloman "No, give the baby to the other woman rather than tearing her in half so we each may lose our child." Yeah, it sucks, but a parent sometimes has to take the pain to protect their child's little light and make sure that flame lasts as long as possible before the world throws water on it.


I agree here, too. Thank you for those words.


reply posted on 20-4-2011 @ 06:42 PM by Amaterasu
Originally posted by kwakakev
Family can really suck at times. Have you thought of moving to the same town so you can get access? It can help in getting full custody back but is also a bit of a roller coaster ride for everyone with all the ups and downs with the back and fourths. Another option is to just pick up your kid and go somewhere that values the rights of the parent, there is a good chance the law will catch up with you but if you can get the hearings in a more independent court there will be a better chance. It could be risky if it backfires but there maybe some country, state or county around. Otherwise just learn from this experience, I know courts can be stressful places, pick yourself up and get ready for the next round. The lies that can get thrown around in these situations is pretty disgusting at times, do your homework, keep your head up and don't stop punchin.

As for the letter, save it for the archives. It is good to get the emotion out, but by the sounds of it they will just use it against you. Just keep the communication with your child until you calm down and worked out what the next step it.


Yes, moving has been considered - but I am living on $58 a month, and my husband is a part time dishwasher and barely makes his half of the rent. We had to take rent money to pay for a bus ticket across country and back. I have been looking for work for five years now - concentrating in that area. Nothing. I could move - but to the homeless shelter there and maybe get on services and find a place to live. I lose the rest of my meager belongings (I lost a great deal when we went homeless), and have to hitchhike across country to get there - with virtually no money to eat.

I wish it was easier, but unless I get a job there (and that looks unlikely), moving really isn't an option. But I CAN'T get custody back. I no longer have parental rights of any kind. I was badgered into giving them up. They have no reason to use anything against me. They won with me. I hope they don't with my husband, but dollars to donuts he won't win an appeal - he has to be his own attorney since appeals require paid attorneys or do it yourself.

Thank you for your words and advice.


reply posted on 20-4-2011 @ 07:29 PM by Amaterasu
reply to post by Annee



Yes. I just don't know what to say to her. I get sick to my stomach trying to put platitudes down, trying to keep information from her, doing what *I* hated as a child. I hated when grownups hid things from me and when I learned the truth, I was furious, I was hurt, I felt betrayed.

I never want her to feel I betrayed her because I painted a sunny sky over issues that involve her.


reply posted on 20-4-2011 @ 08:21 PM by Maxmars
Amaterasu,

What you are enduring will factor in the way you can approach navigating through it. What I hope you understand is that it may be very unlikely, at this point, for you to actually fully experience this as you attempt to rationally get through it. It is the nature of hindsight, which you will benefit from someday. How soon that day comes is up to you - entirely.

I can't presume that I have any particular wisdom that can benefit you - at least insofar as 'making it all better;' but as a someone I find insightful and intelligent, I believe you will understand what I can offer, Questions and reflections. Some of these questions and reflections may evoke pain, although I can only hope that is not the case, I cannot guarantee this will be pleasant.

An author whom I consider fairly wise, once penned a beautiful thought, which I can only brusquely paraphrase because I don't have it memorized. Hopefully Gibran fans will forgive me.

When a man and a woman bring a child into this world, they are as a bow; with their combined strength and effort, together they launch their child as an arrow, into this world; knowing the best they can do is aim, because once the arrow has left the bow, it has only that strength and effort to help it on the way. The child will be affected by many things that neither parent can control, but if the aim is true, it is everything the parents could have hoped for, as they gave everything they could.

I offer this remembrance to color my next words in those terms. Please do not answer the questions.... the answers are for you, not me, not us.

You must be willing to accept that you may have given all you can to her. This is because she is already in flight. To return her to the bow requires something you cannot control, or can you? Consider this: Your daughter was in the care of you family because of circumstance; why they would choose to resist returning her may have nothing to do with injustice, suffering, or grief, or does it? What is the real obstacle to your reunion? Is it your relationship with the remainder of your family? Is this child the cause or a tool in this disagreement? Is their an offense to remedied, can the circumstance be changed? Is the perception of your family the circumstance now?

Clearly someone thinks that the benefit of the child is better served by her staying where she is. How that notion came to reside in the mind of a judge is another matter. Are you able to believe that she is in no danger, and well cared for?

Are you in despair over not having your child with you, or is the child in despair over not having you? Has she been shielded from the drama? She surely wont forget the truth. You have the means to prove (and I'm sure your competent attorney must have compiled all the instances of your former petitions for her custody) that you never wanted to abandon her. Surely she knows you love and want her; and in 5 years time, she will have a full understanding of what happened.

Despite the surrender, your heart must know that you can never truly be disconnected from your child. Correspond in handwritten letters. Read the books she reads, watch the TV shows she watches, discover the things that are normal in her life. Write her a book. Communication cannot be denied you, use it wisely... never lie, never speak ill of your family - ever - allow her to form her vision of the truth... she will not fail you.

If the child is the core of your life, then you must act as your heart compels you. If that means a choice of the hard road - in which she is at risk of sharing your pain - or the easy road, where you maintain a regimen of contact with her; that choice is yours. But know that her welfare is not the real issue.... it never was. This is about something your family perceives strongly enough to drive them to risk alienating you... this is something outside the courtroom. That is a disadvantage both to you, because they have custody, and them, because they will forever be burdened with a misrepresentation they will be forced to maintain.

Forgive me... perhaps I've gone too far. Let me address less personal things, I'm afraid I've been hit by the presumption bus; down that road lies madness.

Your lawyer sucked. There is no way, given what you have stated, that this case should have ever gotten to the point of your lawyer folding at the mediation before trial. He could have simply stated, "My client advises me she wishes this to be formally adjudicated in court." Then he would have been able to prepare a better case focusing on the repeated attempts to resume full custody. Sounds to me like you found another one of those 'cookie-cutter law' attorneys who value compliance over confrontation. If you need a lawyer, but can't afford one, go to a local law clinic at the nearest university which teaches law.... contact support groups for people who have been separated from their children... they all know the advocacy groups that can try to help.

If you were truly brow-beaten into conceding, call the BAR to lodge a complaint that your lawyer did not represent you competently, nor in good faith.

..... by the way, did I mention that I am not a lawyer and am not considered able to give competent legal advice? It's true. I am not.

Your letter is not possible. Do not send it, wait three days. Then consider if this is the message you want associated with you in light of your situation. I suspect any lawyer would say "Hell no."

By the way; have you ever considered that the reason for the letter is because you want to communicate with them... get feedback? Is that really what you want? Or just to make them feel bad and 'give them a piece of your mind'? Or maybe to re-craft the events in your mind and theirs by retroactively rationalizing what has happened according to the bias of a mind beset with a grief few can relate to? Do you think they want to hurt you? Do they think you want to hurt them? Can you envision a happy ending to this story that doesn't include a permanent schism in your family? And what effect would that have on your child?

What about your child? Is this really about her, or them, or maybe you?

Some of what I have written may seem obtuse or waaaay off the mark - or even accidentally correct; but it is all a product of my own mind as it wanders about what you've asked us all to consider. I apologize if I was rude or somehow caused offense, certainly none was offered intentionally.

I have some questions I would really like to ask you though; how much trust should we invest in forums like these for such intensely personal matters? I ask because I am probably too old to feel that comfortable doing such things, it seems too much to trust, you know what I mean? On the other hand, if any one of us has given you anything positive to use - that's good too.


reply posted on 20-4-2011 @ 10:53 PM by galadofwarthethird
reply to post by Amaterasu





Anyone on ATS have helpful thoughts?


Write to your daughter and explain things so she can understand without all the hate and blaming involved, kids are not stupid they see things, so it is better to give her the down low on events whenever possible, and keep in touch, make sure she gets it, both the letters and your situation. Forget all other's opinions on how things should be such as your sisters and company, they do not matter and it will lead to a bunch of hot air and pointing of fingers anyways. And it sound like your really need some luck going for you in your life, so I wish you luck in your endeavors.
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