Constitutional Religious Rights Violation- Where do I go?

[gertler]

It is not normal for anyone of similiar beliefs as I have to use the secular system for help. I was dragged into this by my wife. I was told at the beginning that if I didn't get an attorney that the judge would grant her absolutely everything. So I got an attorney. But when I tried to work it out with my wife out of court and we agreed to split everything down the center with both of us having the children equall time, The attorneys told us the judge would not allow this. So then my wife's attorney told my wife to not speak with me anymore and told her to take as much visitation away as possible. Of course this is the same attorney that after he won he asked my wife out. I came to find out he was working for her for free. My wife said that they had become close through the divorce. Just another ugly twist in an absolute horror scene.

But back to why I used the courts; I felt like I either had to submit to my wife, which is contrary to my beliefs, or go before the "ungodly". Either way didn't seem right but in the meantime my wife's morrallity had gone down. She had left my son by himself several times. She passed out at a park with the children from taking some sort of a drug and had to have someone pick her up. She was spending time with a child molester in the area, etc. But before anyone thinks I can get custody because of this: My attorney told me that she has to consistantly put the children in "serious physical harm". Which is to say they have to nearly die first.

But again back to the secular court thing: If you are familiar with the scriptures you may know that Paul was dragged into court and defended himself against the accusation of the Jews. I felt like I shoud do likewise and give it a chance. I was a police officer before a came to God. I was a boy scout and was conservative and patriotic. I had a certain amount of confidence in the system. Now I am ashamed of it. I hope you understand.

Is your son divorced? Did he flee America? What problems has he run into if you want to tell me? You can email me privately if you want.

[gertler]

I need an attorney like this! The first attorney did end up believing in me and felt horrible when it was over with. He said he has never lost so bad. He felt like it was persecution. But your attorney did well and had compassion for you. I hope things change for him.

And it was good for him to cry. I've done it everyday since my wife left. Not for my own pain which is bad but for the pain of my innocent children which is far worse. They have been thrown into a totally different life and their once cute innocent soles are being crushed by everything my wife is exposing them to. My oldest son is so confused and is begining to lash out with the typical punky attitude and dress and rebelous ways. May God help me! I see that this is where there is hope! It's the only place.

[iceclimber]

yes, i am talking about recusal. and it was by force, however the judge did respond.

he made prejudicial statements about the outcome of our case in chambers during ex parte.

he stated that if the medical reasons is all i had for my case, then that wasn't going to get a modification. my attorney pointed out that no evidence had been presented and that we had many expert witnesses to testify to the detriment of the child. the judge just repeated that it wasn't going to happen.

i found out later why my attorney did not wish to pursue the recusal himself. he had intentions of running for a seat on the bench. he did and lost

like i said, my attorney told me that this recusal request would not be difficult, even though we did not have proof of what he said. there was no court reporter. he called it a 'freebie'. he even said it didn't matter the reason. but that if we ever wanted to recuse another judge, it would be very difficult.

the judge we recused only responded by saying that the party just didn't like the decision (prejudicial decision that is).

[Davy]

In the first place, the two states I was aware would not allow a recusal during ex-parte.  Secondly, and more importantly, the disagreement you described is for the appeal process (I'm not sure if ex-parte issues are appealable).  Moreover the issue described certainly does not rise to the level of a recusal for BIAS or PREJUDICE which is considered very serious ... the attorney and the judge knew the state supreme ct would hear the matter in short order.  This process could happen in IL but never in TX even though the statues appeared to allow it. Had something to do with a tall tree and a short piece of rope.

Sounds to me like your attorney is related to your pastor that told you to file for divorce and the judge use to drive a taxi cab.

Floriduh... come on vacation ... leave on probation !!!

[Davy]

Initially, I interviewed and hired him over the phone long distance.  I met with him for approx. 20 minutes when I delivered and went over my case file...there had already been numerous hearings in both TX and another IL jurisdiction where I prevailed ... I was the temporary custodial parent in TX (wouldn't order the kids returned) and another IL judge had reluntantly ruled IL had no jurisdiction over the case (kids) and me, but in the same breath, would not release the case until I filed for divorce in TX ....so I to filed for divorce in TX saying I didn't believe in divorce. (hope ya got that)  I complied with all statues .. the opposing party did not comply with anything.  I had no idea that she would allow the the kids to be abused or mistreated ... not in 1000 years or be living with another man.

I'm getting away from what I want to say... you're probably familiar ... my teaching is we may be called upon to be persecuted in order to make us stronger .. I can hang with that but definitely not (read that never) .. the kids.  

Several years later, the kids (2 oldest) started figting back then the system .. read the people in the community said NO MORE) called me to get the CHILDREN out of their county adult jail.  

Fortunately all three kids are tough (tougher than me) and are overcoming... they have seen, heard and felt things I can only imagine.

As bad as it was, God not only watched over them but protected them ... pray for the kids ... all kids and both parents as well.  I will.

Grace be with us !!

[gertler]

I agree! If this is persecution I can deal with it. Infact it would be good. For then God would be with me. And He only knows I want to be stronger and always do what is right.
But the Children! My heart aches endlessly. I pray for them constantly. If you truely believe in God then pray for me and I will for you. May God have mercy on us.
Thanks

[iceclimber]

i was incorrect about ex parte.
both attorneys were present. it was a hearing to admit a modified peading, since my previous attorney died.  sorry about that. it happened so long ago.

i can see how you would feel the way you do.
however, i feel it was a prejudicial statement. saying if this is what you have, you will not win, without hearing any evidence is prejudice.  making a decision on the outcome of the case prior to hearing the relevant facts.
i said nothing of BIAS.

i do not understand your one liners.
i don't know if it was an insult, but will go on as if it wasn't.

[Davy]

Here's the thing !  Many people that post here do so because they hope they can have a positive impact on a situation.  Gertler case is on appeal and I was only pointing out the possibility of the "recusal" process which is seldom if ever utilized because it normally requires an outlandish set of circumstances along with legal counsel with the credentials/guts to shake up jurispurdence and the establishment.

The appeal process is designed to deal with judgement errors, procedural errors, etc.

Since mothers and females are so heavily favored in the judicial system it is balistic to even suggest a female would have a recusal issue and by claiming such is a huge slap in the face to men and their children.  Moreover it is convulting to these threads and this board.

This is not a condensending personal attack so please don't interpret as such and this is not law school..

[iceclimber]

nm

[Davy]

Just what I thought.  You start your posts with manipulative and exxagerated statements  and then when presented kindly with the TRUTH you have nothing to say except more smart mouth that offers nothing ... absolutely nothing.