Thursday, January 30, 2014

Highs and Lows – The Legal Kind

“It was Father’s Day” – a fairy tale by Cox & Koons


I know, I know, it doesn’t LOOK like Father’s Day outside…


But it was.

On the docket for C&K were three hearings, in the land of Blynken and Nod.

Potentially, if EVERYTHING went perfectly (she says with a wry smile) there was a good chance we would walk away feeling like we’d done some good. Maybe x3 which, as any medical professional can tell you, something x3 is generally better than x2 but not as good as x4, which, let’s face it no one truly is.  See how convoluted that was?  Yeah, that’s how the day went.

 First out of the gate is the potential to reunite a man with his child whom he hasn’t seen in quite some time.  We were prepared, we had the evidence copied, the witness prepared, and a pretty darn good case mind you.  Only to be thwarted on arrival by the dreaded ex parte pro se continuance… doesn’t that just echo like the evil demon it is?   Now, for those of y’all that don’t operate in this area of madness daily, I'll just say, there are rules for how things are supposed to be handled and sometimes, because there are humans involved and humans are imperfect,the rules don't get followed.

 In that case, there’s often nothing to be done.  The other party knows that it has been continued so they don’t show up, and the Court has already reset it for the earliest possible date so it isn’t like there’s an earlier date you can get.  Which means, even though no one on your side did anything wrong, you’re stuck for the time being, waiting.  LOW.  That hope that you would do something good with this case, turns into the nightmare of having to face a former “knight of the realm” who bursts into tears.  I don’t know if y’all have recently been faced with a military man in tears but it isn’t a place I like to go. LOW. LOW. LOW.  That one is going to come home with me tonight.  It’s going to follow me like a lost puppy and cry at me in the corner, for a month, until the next court date.

But wait, there’s another chance with hearing number two…CURSES!  “A new counsel on the case has entered their Appearance today and requests a continuance to catch up, move your piece three spaces back.”  It isn’t really Candy Land but I find that makes the disappointment sound a little more cheerful doesn’t it?  I tell myself that, in this case, at least this father has his child and we’re “just” fighting over support money.  I say “just” because to a lot of people that money is a really big deal.   There are cases where someone receives $12 per week, in child support, for three kids.  Anyone priced a Happy Meal or even Ramen lately? Don’t get me wrong, judicial officers try to think long and hard about the results each order they enter will have, so I know the last minute continuances aren’t given lightly.  Lord knows, I’ve been super grateful to get them in the past and will probably be just as grateful for them in the future, but it is frustrating.  Low again.

One. Last. Bastion of Hope.  There are some cases that just make you want to burst with pride over your clients.  No, we don’t get emotionally attached to everyone (despite the way this touchy feely post sounds), but everyone wants to get “the good” client.  The one in the relationship who is least crazy.  This case was messy.  The “Queen” may have actually previously uttered words that sounded a lot like “this just became the worst bar exam question ever” which is saying something because those questions are HORRIBLE.  In the CHINS (Children In Need of Services) case world, the best you can hope for is that the case be “closed” and, with your client having the child if possible.  More often than anyone likes, that just doesn’t happen. Sometimes parents cannot get it together, or won’t, and a child is removed permanently.  Fathers, in particular, have always had an uphill battle in seeking custody.  (That is changing, praise God.) Fathers with criminal records or a history with drugs or instability are starting off in a deep pit before they even get to the hill to climb up.  However, once in a while, you get that client.  That man who is willing to step up and be the parent that his child can depend on, to battle his demon dragons and win.  So, several hours after our hearing was scheduled to start we heard those beautiful words: “Case is closed, child to remain with the father”.    AAAAAANNNNND   HIGH.  

The End.

-DEC

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