2005-06-16 - 10:42 a.m.
I am so very relieved.
I had a problem with logistical legal nonsense that is finally looking like it might be one that I can resolve
It goes like this:
The Case in NY is questionable due to jurisdiction
(A STRONG legal case can be made NY SHOULD RELINQUISH THE CASE TO VA)
But the VA CLERK of the COURT wouldn't ACCEPT my personal attempt to file a case as she indicated her refusal was PER THE PKPA (Parental Kidnapping Prevention ACT that states THERE MAY NOT BE TWO CUSTODY CASES CONCURRENT IN TWO DIFFERENT LOCATIONS **YES IT IS KIDNAPPING IF A PARENT WRONGFULLY KEEPS KIDS AND WRONGFULLY OPENS A CASE! PARENTS USED TO DO THAT -PICK KIDS UP THEN FILE IN ANOTHER STATE WHEN THERE WAS ALREADY CUSTODY LITIGATION ELSEWHERE! )
BUT THE NY LAWYER I RETAINED CLAIMED THAT THE CASE HAD TO BE FILED FIRST IN VA BEFORE THE NY COURT COULD CONSIDER MOVING IT
So I ATTEMPTED to meet a reputable VA lawyer who was flustered and overwealmed I DARED to bring my little kids with me! SHE SAID COME BACK WHEN YOU HAVE A SITTER
SO I basically gave up there in that course of action and decided to let NY retain the case and cover my child care for all proceedings! (AS THEY HAVE A CHILD CARE CENTER AND VA DOES NOT! ECONOMICALLY THE COST OF GAS AND TRAVEL IS CHEAPER THAN A DAY OF LOST PAY FROM WESTLEY FOR HIM TO STAY HOME WITH THE KIDS FOR EACH OF THESE APPEARANCES abd if I DID miraculously find a sitter willing to stay with my four kids that would cost the same as my travel with them for one day! )
The legal quagmire by people following policy to the point of ridiculousness was
BUT THEN THE HOSPITAL REFUSED TO ADMINISTER IT WITHOUT A PRESCRIPTION FROM OUR DR.... Hmmmm......
That was a fun logistic mess to maneuver through as I circularly went back and forth and called back and forth for about two weeks due to not having any congruency between all three health care providing organizations! ANd of course the RECOMMENDATION is for the vaccine to be administered immediately- not TWO WEEKS after the bite! Oh- the DEPT of health also insisted on FIRST trying to trap the cat. AS IF A TRAP ON THE 30 ACRES would catch THAT ONE CAT ONLY ..... we caught a possum.... and there are tons of other wildlife so that just seemed so silly to have wasted time on! The county was just a mess with that issue-- which shocked us as its not like they never delt with it before (although they acted like they hadn't!)
Anyway, I FINALLY found a VA FIRM that has lawyers LISCENSED AND EXPERIENCED in BOTH NY AND VA!!!! YAH!!! WHAT I LOOKED FOR INITIALLY!
YAH!! ANd they are not archaic-- meaning they GET IT that I was seeking someone to conduct BUSINESS VIA PHONE and FAX and E-MAIL and they don't act like that is SO DIFFICULT!
YAH THEY GET IT THAT EVENTS IN VA ARE LEGALLY MANDATED TO BE EVALUATED BY VA LAW REGARDLESS OF WHERE THE CASE IS ACTUALLY ADJUDICATED (Why even if I lose in the lower court in NY I would most definately win on appeal as they clearly are not applying VA law to the events in question!)
They in short won't put up with any crap- logistical or otherwise. I think the fact it is not a SOLE PROPRIETOR will actually ensure better service. It turns out my attny in Buffalo admitted she doesn't always have access to the internet....and she checks it at home only! Not very useful for running a practice!
Hmmm.... I wish I had retained her asshole BOSS who was a hard hitting JERK and who may have had a different outcome from the get go.
I ran into him on the sidewalk one day and wanted to test his attitude toward her as I wondered if she was off on her own by CHOICE or if maybe she didn't cut it at the larger firm. SO I shook hands, chatted with him, thanked him for capably having handled my divorce through his firm, then mentioned I unfortunately was there in a custody dispute and told him I retained the attny who handled my divorce.... HE said in a very paternal way "OH-- Well tell her to give me a call if she needs any assistance. I'll be happy to help"
Oh yes. PAternal and condescending.
HES THE KIND OF LAWYER SHAKESPHERE REFERED TO: I MEAN YOU LOVE TO HATE THOSE TYPES, BUT IN THE END THEY FUCKING GET SHIT DONE AND WIN SOMEHOW.... ITS THE SMILE AND THE COMPLIMENT SOMEONE FALLS FOR UNTIL THEY WALK AWAY AND REALIZE THEY WERE INSULTED BUT JUST SETTLED
I mean I can just visulize this jerk in the courtroom. And although I HATE the nasty legal game... I know that tactic would have gotten me MUCH further in this case.
Now there is just the matter of coming up with finances to retain this second attny!! YUCK BUT I AM CONFIDENT THAT HURDLE TOO SHALL BE OVERCOME SOMEHOW.... Brainstorming and thought of a few things that I haven't before as possible sources of income. I just hope they can be taken care of SOON ENOUGH!