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Liverbird
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23 Oct 2007, 11:18 am

I am just looking for resources. My 16 year old son who was diagnosed AS in May is now in the temporary custody of his dad because our judge thinks that I'm crazy and that AS doesn't exist. Why? Because my ex told him so! I'm terrible in court and have no lawyer. I get stressed and before the end of it all I'm crying and screaming because the judge has said some insolent thing that makes me insane.
I can't get it through anyone's head that this is truly what it is. Of course, because of my own difficulties, I am just digging a deeper hole. I see this, I know it. I don't know how to fix it. Our there AS lawyers out there? Is there some resource that I've missed? I am just looking for help and/or suggestions.



demeus
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23 Oct 2007, 11:23 am

You need to get yourself a lawyer. If you cannot control yourself in front of the judge, then you need to have someone else represent you. Simple as that



nobodyzdream
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23 Oct 2007, 11:23 am

Ugh... it sure seems like there should be something able to be done about it. Maybe see about getting it moved to a different judge based on a pre-formed idea on the judge's part... If he does not think that AS exists, and is calling you crazy even though your son is diagnosed-hence his judgment of the situation, it is obviously effecting the outcome of things based on his opinion. I am unsure whether or not you can do anything if it is just a small court, however... but maybe it could be moved to a higher court, or maybe you could see if he would speak with the doctor possibly...

I'm really bad at these things, but you should call a lawyer for a free consultation just to find out what you can and cannot do about this. They would at least be able to tell you that much. The outcome from them may not look promising, in fact they may say that you don't even really have a case, but at least you would know, and would have some direction to go in if it is not the case.

In court, just don't argue with the judge. Remind yourself that you are there to try to get your son, not to justify his diagnosis, or to argue your point. Easier said than done, I know, but in the long run, it's never good to argue with the judge or try to force him/her to understand.


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Last edited by nobodyzdream on 23 Oct 2007, 11:25 am, edited 1 time in total.

Liverbird
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23 Oct 2007, 11:24 am

That's the problem. I can't afford a lawyer. I'm on my own. I need some tricks.



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23 Oct 2007, 11:26 am

I'm going to do my best here. I'm no expert in regards to judicial matters but, I can recall how it was not easy in my case regarding SSI disability for, there were those whom on the council felt that my AS and Diabetes were not sufficient to warrant such but, I did not give up hope nor, would I want you either therefore, search around cause, like myself found a lawyer whom had dealt with AS clients before.Mind you this will not be easy but, there are resources out there for those of us in the Autistic community yet, I,myself don't have any pertinent links to provide you with at this time though, I hope this post has helped you somewhat?



Liverbird
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23 Oct 2007, 11:26 am

Had a lawyer...he dumped me...i'm too difficult to work with. I tried getting it moved to a new court. Our judge is the one that gets to make that decision, so he's not budging on that. Tried filing a complaint with the state, they say they don't see anything wrong with the judge's behaviour. ugh....i need a lawyer who will work pro bono or for low cost and understands AS.



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23 Oct 2007, 11:27 am

Kateyjane wrote:
I am just looking for resources. My 16 year old son who was diagnosed AS in May is now in the temporary custody of his dad because our judge thinks that I'm crazy and that AS doesn't exist. Why? Because my ex told him so! I'm terrible in court and have no lawyer. I get stressed and before the end of it all I'm crying and screaming because the judge has said some insolent thing that makes me insane.
I can't get it through anyone's head that this is truly what it is. Of course, because of my own difficulties, I am just digging a deeper hole. I see this, I know it. I don't know how to fix it. Our there AS lawyers out there? Is there some resource that I've missed? I am just looking for help and/or suggestions.


That is SICK if he doesn't believe it exists. Can you bring the DSM diagnosis, and whatever papers you have on your son?

I wish I knew of some resource to give you legal help. If you're stuck doing this completely by yourself just remember and psych yourself up that you CAN NOT get upset or anything in front of the judge EVER no matter what. You at least have the advantage that the courts tend to find for the woman, but it's really bad all the stuff that's already happened. But you can't react with any kind of negative emotion ever :(



Liverbird
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23 Oct 2007, 11:27 am

How do I find a lawyer who has experience working with AS people and who "gets it"?



nobodyzdream
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23 Oct 2007, 11:28 am

Where are you at? In the U.S. they have state appointed lawyers. That is what I had in my custody battle. The lawyer was very bad, and didn't exactly go in the direction I wanted him to, lol, but we wound up with joint custody instead, and I didn't have to pay him. With him, I didn't win, but I didn't really lose either. I just wish it had gone a bit differently :P

There are a lot of lawyers that will give free consultations and they will at least tell you "yes, you have a case based on this" or "no, you just have to go with it"... or something along those lines.

One may not understand AS, but just bring the DSM-IV criteria with you to the consultation, along with the records of your son's diagnosis, just so they know what they are looking at.

The diagnosis may not even be relevant to the case really, if it is just a custody hearing. Then you can just ask for in your petition, that it says if he gets custody, or even upon joint custody, certain things must be done such as making sure he gets proper treatment, he attends any therapies suggested, that the information is relayed to the other schools or facilities your son may attend while with your ex, etc. Those are things you can do, and then it's up to his lawyer to accept or argue it, or to come to a mutual agreement.

In the custody hearing, their primary concern is the well-being of the child (or at least, that is what they say :P), not diagnoses or anything of that matter. That is addressed along with it, but usually is not the primary focus.


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Last edited by nobodyzdream on 23 Oct 2007, 11:32 am, edited 1 time in total.

Liverbird
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23 Oct 2007, 11:31 am

Our judge had the diagnosis on his desk that said that sudden changes, etc were not good things for my son, but he still did it. He tells me that I took my son to doctors until I found one that would say what I wanted. He doesn't understand how difficult it is to find doctors who actually understand AS and CAN diagnosis. We only have 3 here in Indiana. I took my son to THE guy in our area. I myself do this for a living and I'm considered an expert on autism in my community. Hmmm....have it, own a kid with it, live with it....I wonder why? But the judge is totally discrediting it. I need help!



Liverbird
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23 Oct 2007, 11:33 am

We are 6 months into this. I've had lots of free consults...no one will take my case because of the judge and the lawyer in the matter. Now I'm up to hock and my paychecks as meager as they are have already been spent 3 months in advance and I can't keep up. I'm drowning here. I can't find a second job because I'm too stressed out. I can't explain the mess to anyone.



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23 Oct 2007, 11:35 am

Geez, I am so sorry this is happening to you. I wish I knew something useful:(



Liverbird
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23 Oct 2007, 11:47 am

Me, too. I'm so frustrated for me and for my son. No one gets us. We're too weird. We even have trouble in the world I've built sometimes. But at least we have each other. My ex has gotten the judge to limit how much I can talk to my son because I "encourage him that he is AS" when there isn't anything wrong with him.
That's the laugh. I never said anything was wrong with him. I think everything is right!



nobodyzdream
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23 Oct 2007, 11:49 am

I sent a PM.


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agmoie
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23 Oct 2007, 1:57 pm

Heres a list of pro bono lawyers in Indiana...


http://www.in.gov/judiciary/probono/att ... index.html


Kateyjane wrote:
I am just looking for resources. My 16 year old son who was diagnosed AS in May is now in the temporary custody of his dad because our judge thinks that I'm crazy and that AS doesn't exist. Why? Because my ex told him so! I'm terrible in court and have no lawyer. I get stressed and before the end of it all I'm crying and screaming because the judge has said some insolent thing that makes me insane.
I can't get it through anyone's head that this is truly what it is. Of course, because of my own difficulties, I am just digging a deeper hole. I see this, I know it. I don't know how to fix it. Our there AS lawyers out there? Is there some resource that I've missed? I am just looking for help and/or suggestions.



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23 Oct 2007, 2:09 pm

Sounds like there is some corruption in the mix. Is the father of your child more well off than you and gets his way easily?


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