March 4, 2009
Dear Sir or Madam
I pray that this complaint reaches someone that can be of assistance to me and my son. I am writing this complaint in regards to a child custody case that is before Judge Patricia Warner in Family Court of Montgomery, Alabama.
My name is Quesha Powell I am a citizen of the
My ex husband, Jackie Sumpter, Jr. and I have been divorced 11 years and in our original Divorce Decree, I attained sole custody of my son and he has been with me every since. I have been my son’s sole provider and have raised him by the Grace of God with very little assistance from his dad. His dad had not been involved in his life. My ex husband is a resident of Upper Marlboro,
On January 17, 2009 I was served with a summons with a petition for Modification of Child Custody and Change of Venue. The Change of Venue was needed because our divorce was a
The summons that I was served stated I had 30 days in which to file a response. This hearing was held 7 business days after which I was served. I was not informed or aware of this hearing. I never received a certified letter or phone call informing me of this hearing. Judge Warner entered an ex parte order in my case granting my ex husband sole custody of my son.
Ex parte orders are supposedly issued without Prejudice to the rights of the absent parent and contemplate that custody will be adjudicated once both parents have received notice and an opportunity to present evidence. I’m being Denied this opportunity. Two federal statutes addressing child custody issues mandate that permanent custody determinations cannot be made until reasonable notice and opportunity to be heard has been afforded both parents. I also know that ex parte custody orders are disfavored by
According to Rule 4 of the Federal Rules of Civil Procedure I wasn’t served properly. I have since attained an attorney who has filed an Emergency Motion to Vacate and a Motion for an Emergency Hearing. I also filed a Motion for Reconsideration before I attained Attorney Scott Johnson. All of these motions have been ignored. Judge Warner is refusing to grant me a hearing in which I can answer to any allegations made against me.
My ex husband is over $50,000.00 in arrears in child support and I can’t understand how our Judicial System allowed this to happen.
According to the Fifth and Fourteenth Amendments of the United States Constitution it is prohibited for federal and state governments to deprive any person of life, liberty, or property without due process of the law. I am entitled to a hearing. I also know that the Fifth and Fourteenth Amendments limit power of federal and state governments to Discriminate. The Fifth Amendment also states that I am guaranteed Equal Protection of the law. Judge Patricia Warner has totally violated my Fifth and Fourteenth Amendment Rights.
My son is 14 years old and he had a mind, opinion, and voice of his own. My son was taken Against His Will. He was taken from his family and all his friends. My son has no family or friends in
I know the Preference of a Child for one parent over the other also has some merits in our court system. The older and more mature a child is, the more likely that child’s preferences will be given weight in deciding custody. My child has been taken to a whole different city, state, and environment and wasn’t given due process of the law. There is also the Alabama Parent-Child Relationship Protection Act that went into effect in the state of
My Civil and Constitutional Rights and My Son’s Civil and Constitutional Rights have bee violated in this ex parte order. My son is 14 years old, what about what he wants? My ex husband only wanted custody of my son to try to escape his child support obligation.
Judge Warner had no grounds in which to change an 11 year old order that originated from
I also know that my ex husband’s attorney, Attorney Vicky U.Toles is a former Juvenile Prosecutor and a former employee of Family Court and is in good standing with Judge Warner. Therefore Judge Warner is unbiased towards Attorney Vicky U. Toles. Judge Warner has shown Favortism towards Attorney Toles in my case and this is Totally Unacceptable.
An Injustice anywhere is a Threat to Justice everywhere. I ask that Justice be served in this matter.
Sincerely yours,
Quesha D. Powell
Email : queshapowell@gmail.com
Information Wanted : The above Judge is Patricia D. Warner, a family court judge in Montogmery County Alabama. According to Article 1, section 6 of the Alabama Constitutution, "Section 6. That any citizen may speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that liberty." However , I would like to share my story of judicial tyranny in the Montgomery Family Court System.
