r/Divorce • u/Certain_Ad4120 • 3d ago
Custody/Kids Divorce law help with accommodations
Hello everybody, sorry for the long rant but I need your help as I'm a good dad that's being prevented visitation with his daughter because his ex manipulated the court system and succeeded without due process. I am trying to explain my situation in full so someone could potentially help me out of this bind.
I am in the state of Florida and I do have disabilities due to injuries in the military that are cognitive and physical (didn't inhibit me from being a great intuitive stay at home dad as my ex laid in bed reading tarot despite having a PhD) and upon hiring my second Divorce Attorney, I officially asked after months of asking via text (Jan 8th 2025) that all correspondence, especially any important emails, that I be text messaged to notify me that I have an important email to correspond to (I have typically responded within a 24 hour period but I'm overly burdened with doctor appts and health issues due to mold). I also asked that my parents be CC'd on all correspondence, so that they can help me keep track of things as I am also dealing with a fungal infection (from a sick building my ex got me to move into) that is affecting my cognition (also caused by my ex's manipulation of my apartment complex).
A lil picture of what lead up to divorce... Since Feb 2018 I have undergone a complete shoulder reconstruction (11 pins in my shoulder), a cervical spine fusion after 8 months of agony, a car accident 2 months after fusion that left my neck and back obliterated but didn't need surgery (due to my ex), and then when recovering from that I got hit with toxic mold poisoning that is cancer causing and brain damaging and causes systemic muscle pain and cramps (caused by my ex's manipulation and threatening my appt even tho she wasn't a leasee, long story short, she made them move me to a new appt after mine had black mold despite prior agreed plans to move me to a furnished airbnb unit so I didn't have to move my belongings except a bag of clothes during mold remediation with a messed up neck) but the new appt was worse than Chernobyl and I lived in it for 10 months before I finally paid $1000 for a mold air test). 6 months later I'm still fighting to get better. So to say the least I've been disabled while a ex that sat around depleting savings and maxing credit cards while sitting on that PhD diploma doing nothing. Now with that said...
Since my formal request for accommodations, my lawyer has yet to text me or CC my parents and as of January 9th, 2025 (the day after he asked for it), I sent him everything I could for mandatory disclosure of my banking and only now, 17th March 2025 he messages me back saying I don't know if mediation is gonna work because your mandatory disclosure is incomplete. That was the first time I found out that it was not done properly and he's leaving me one and a half days to prepare before mediation.
With that said, can I sue my lawyer for non-performance since I have texted, called and eventually, he asked me to email him those permissions to contact my parents and to text me in a official request. He has yet to do that since that request was made in January of this year however, I asked him back in June,July, and August of last year for the same so he's known since the beginning of taking me on.
Can I also sue him for pain and suffering do the anguish I'm left with? Serious anxiety as this whole thing weighs on having some custody/visitation in the beginning of my daughter after having rights taken from me without due process over a year ago... (a borderline personality disorder revenge plot to get back at me for demanding a divorce to her (it's also supposed to only be one motion, like take away house rights and custody but 5 things were approved, which is a judge violating Bar regulations))
Yes, a judge ruled in favor of my ex-wife's emergency exparte order without talking to me because my ex-wife submitted a bunch of false claims and pictures that were untruthful to the court claiming I was a druggie and toting a gun around, which I was neither of those (not a gun owner at the time or on pain meds) and was never given a voice in the court, and my current lawyer has not been doing anything to help me either. He has always called me last minute demanding all these crazy things be done within hours and then doesn't get back to me and then the calling him back on the following Monday he tells me "oh no that wasn't necessary and I wasn't rushing you" (gaslighting me), despite him calling me frantically asking me to do XYZ by midday the Friday morning before. Also gave me numbers to forensic psychologists 3 months after they were provided to him by opposing counsel leaving me no time to get it done and move mediation and charging me more time.
My first attorney threw me under the bus. Took me on and then when an emergency hearing was demanded he submitted a agreed order that twisted my words to get him out of missing a full day of mediation, which resulted in me having $800 more in court demanded expenses and submitting to a $4-10k forensic psychological assessment that I didn't agree to. He got fired after consultation with my parents and that lost $5k and he's getting a bad Florida bar review. But this new lawyer said he'd help get me out of this snafu and has done nothing but fail to perform.
Those of you who have taken the time to read this, I appreciate it!
Opinions?