Court Update

(Caution: Long post with venting. If you just want the facts, read details and back to details)

Venting
IRRITATING!!!! Well I wish I was writing that we won and that this whole nightmare is over, but I am not! I guess Mike and I have more to learn, so this trial will continue on awhile longer! I feel like screaming, crying, swearing (Maybe that is what I need to learn. Ha Ha). I wish Satan would stop putting doubt in my mind. I wish the would if's would stop playing through my head. The thought of actually loosing my little Lincoln is the most terrifying thought and feeling I have ever had. I know I have to have faith. We were given an amazing blessing before any of this started and I know that my Father in Heaven is mindful of us and that he loves us and that he hears our millions of prayers!!! I know one day this will be over and that I will get to go with my sweet family to the temple. I wish that day was sooner than later. Now on to what the ruling actually was and what our next move is.


Details
The judge ruled that he does not have jurisdiction in this case so he did not over turn the magistrate judge (in my lawyers term, the judge chicken out and did not really rule either way. Probably because he is going to dinner and a movie with the magistrate and the birth father's attorney this afternoon. ha ha.) We are now serving Lincoln's Birth father with adoption proceeding papers. We are bringing this thing to UTAH!!!!! I could not be happier about this. Blackfoot is too small and it makes me so nervous because all the judges and lawyers are friends. That is why we lost the first time. I don't know if I actually posted that, but most of you that read this blog know that.


A Little Sidetracked
I will clarify for those of you who do not know. Back in October when we went to court and lost, we found out afterward, that the Birth Father's attorney and the judge were from the same law firm. The judge was actually a partner in the law firm with the attorney's father. Can you say conflict of interest? He should have recused himself, but he didn't. A judge has a certain amount of time before he can take a case from the law firm he came from. He was just over that time, so legally he can't get in trouble, but it was really bad ethics! Most judges will not take cases from their old law firms ever. Maybe because it is Blackfoot and it is so small that have a hard time not taking the cases. In any case, he should have told our attorney about his relationship with the other law firm.


Back to the details
The Birth Father has 30 days once he is served papers to respond. If he does not respond in the 30 days, it is over! If he does then we pretty much start over from the beginning in a new state with a new magistrate. We will be trying to get his case thrown out again, only difference is that it will be in Utah. So after 14 almost 15 months, we are back to square one! Wish our pocket book started over at square one also, but it doesn't work that way!


What we need
We need more prayers! I want to thank everyone already for their kind words and countless prayers. We have children that pray for Lincoln every night. We have ward members that worry with us everyday. We have neighbors that are always asking what is new with the case every time they see us. We have friends and family that are grieving with us! THANK YOU TO ALL! WE FEEL SO BLESSED! To find the good in a bad situation: we are not alone and we are truly loved! I told Mike that there is no way we could loose Lincoln with all the prayers that are going up for him. So please don't stop! We need the Birth Father to decide that this is a huge hassle and that it is so expensive. We need him to give up! Thanks again for all your love and support!