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Do people on Welfare get unlimited legal support?

QTsmum's picture

Submitted by QTsmum on Mon, 11/12/2018 - 2:21pm

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Family Court

DF's ex-psycho was a registered nurse.  Got fired for a lot of reasons, but the catalyst being that she got caught trying to be a prostitue.  She hasn't had a job since (about 4 years ago) and has been sleeping her way around to get her bills paid (I kid you not).  She has not tried to get a job.  She actively went on welfare or disability (because her "anxiety") or whatever it was that she was so excited to get.  (She bragged!)

So now we're about to start a legal battle.  Full custody, and the divorce that she agreed to sign jointly is screwed, so that'll get ugly too.  Oh, and she's also on the last legs of an open CAS (Child services) investigation that has been ingoing for the whole year...which has escalated a lot in the last month.   If she screws up again, they are going to file a court order...if she screws up again, they take the kid away (they have already given her 1000 chances, so I don't think they actually do anything...)

Without making this too long and a super venting session...Does anyone know if she gets unlimited legal aid because she's on welfare?  Do they base it at all on the situation (IE: Custody battle when she's in an active CAS investigation, no job or desire to get one, and clearly a shit parent).  I feel like she'll get everything she needs for free (while we pay out the ass) because she's actively a loser.    I know we won't be able to plan for whats coming, but I'd like to sort of get as much of an idea about what we can expect as possible.  

tog redux's picture

Submitted by tog redux on Mon, 11/12/2018 - 2:32pm

I don't think it's "unlimited", it's not like a public defender where you have a right to one because you could end up in jail. There is low cost/free legal representation, though.

I see you are in Canada from your profile - here is something I found on google - it's for Ontario, may be different in other provinces:

https://www.legalaid.on.ca/en/getting/type_familylawservicecentres.asp

QTsmum's picture

Submitted by QTsmum on Mon, 11/12/2018 - 2:35pm

Thanks for the reply.  I had checked the legal aid site but it seems like you have to call to get any info.  I guess it depends on the situation.  Oh, fun times.  

 

I'm terrified for our bank account.

Exjuliemccoy's picture

Submitted by Exjuliemccoy on Mon, 11/12/2018 - 3:22pm

Here in the US poor people can get free legal aid, something I did not know until my DH went through his custody battle with Psycho. Now we all know you get what you pay for, so her attorney wasn't the best, but he was smart enough to develop a strategy of drawing out the proceedings as much as possible. Burying the opposition in accusations, missing court dates, and filing a ton of motions was a way to cost us a fortune and drain our savings so we'd give up.

Jcksjj's picture

Submitted by Jcksjj on Mon, 11/12/2018 - 3:22pm

My experience (admittedly limited) with free or low cost legal help has been that it was much lower quality then when I've paid for an attorney myself. It probably depends on the luck of who she gets as an attorney; if its the same as my state you don't really get much of a choice. Also the attorney I got for free was paid a fraction of what she would make from a regular client by the state. It was obvious my case was a lesser priority because of that. So she may not be as well of as she thinks. 

Unfortunately the fight will probably be expensive for you guys still. :(  it always sucks needing to pay for an attorney, I just wanted to give you a possible positive about it.

QTsmum's picture

Submitted by QTsmum on Mon, 11/12/2018 - 4:27pm

Thank you!  I'll probably post a thread shortly on the best ducks to have in a row before court.  

 

Best case scenario (and honestly,quite likely) is that she just doesn't show up.

Jcksjj's picture

Submitted by Jcksjj on Mon, 11/12/2018 - 7:17pm

Hopefully! That's what happened with my sons dad so I got exactly what I asked for. In and out of the courtroom in 5 minutes.

QTsmum's picture

Submitted by QTsmum on Tue, 11/13/2018 - 9:38am

I filed a CPS report...I think it was 2 years ago.  That wasn't taken seriously.  They sent us a letter telling us to get along (I kid you not!). then her friend filed a report.  We haven't seen it, but from what I understand, she's getting shit faced drunk with him there (passing out, outside on her deck, NAKED).  Apparently it says in the report that there is concern about what he has seen sexually between his mom and random men (he has had 4-5 instances of inappropriately touching other kids at school and daycare and telling one to stick their head in his crotch.  He's 5.).  

She's also doesn't eat (not sure if she feeds her son) and doesn't shower him and he's constantly coming back with giant coldsores and has had a few yeast infections on his penis.  Her house was also a sespool of cat piss and garbage.  

She also was "going to the hospital" frequently, which was really just getting whatever drugs she was after.  She was a nurse, so she knows exactly what to say to get whatever it was that she wanted.  Her sister told DF that she would get an injection.  She called to tell him a bunch of stuff and wanted to know what she could do because she's seen a lot.  But she hasn't called CAS witha. report either, so...She also gives her kid up to DF's mom whenever she can (which is always), but to CAS, that looks like a responsible choice.  Long story short, she moved in with DF's mother (yep) so now she doesn't have to be responsible for the kid, has free daycare, doesn't have to pay for anything, and CAS thinks it's a smart choice so...  It's been fun.

 

She has breached her orders to go to whatever programs they're trying to have her in.  It's funny that THAT is the thing that will get the kid taken away in the end if we don't go to court instead of everything else.