Complex Divorce And Custody

Summary

Benjamins case involves multiple legal issues, including conflict of interest, child custody, trust mismanagement, and potential fraud. Key statutes include the Oklahoma Trust Code, Oklahoma Family Code, and the Federal Whistleblower Protection Act. An action plan involves filing motions to disqualify attorneys and judges, seeking protective orders, and requesting a change of venue. Maximum relief could include full custody, restitution of mismanaged funds, and compensation for distress. Address procedural injustices by filing corrected motions, appealing denials, and citing relevant laws and case law. Consider consulting a local attorney for personalized guidance.

Full Conversation

FD-*-* Rogers County District Court, Oklahoma Jennie Marie Burgardt (****) - plaintiff, has * children with ****, trustee of trusts created for **** and his children under Pamela's(****'s mother) irrevocable trust terms Rahmeir Sanbrano PLLC - Firm representing plaintiff. Jenny Sanbrano - Partner and Attorney at Rahmeir Sanbrano PLLC Patrick Abitbol - Attorney at Rahmeir Sanbrano PLLC Brianna Brakefield - Court Appointed Guardian Ad Litem for the Children of **** and Jennie: S.B.M.B., I.R.S.B., I.E.R.B., J.L.J.B. **** Ross **** - defendant, has * children S.L.E.B., S.B.M.B., I.R.S.B., I.E.R.B., A.D.C., J.L.J.B. (* with Jennie). Has aspergers and physical limitations from high school injuries and on the job accidents where he was struck by intoxicated drivers, is a qualified vested beneficiary of his mother's irrevocable trust and individual trusts created for his benefit under the terms of his mother's trust Pamela **** - ****'s Mother, Business Partner and Executor of the Pamela Huddleston-**** Revocable Living Trust Est Dec * *. (Deceased March *, * transitioning trust to irrevocable under the trust terms) Matthew **** - ****'s oldest sibling, interested successor co-trustee of Pamela's trust Chrystal Antao - ****'s older sister, interested successor co-trustee of Pamela's trust. Case is a Civil divorce and custody involving minor children. *. ****'s siblings allegedly defrauded him by coercion, concealment and/or misrepresentations involving him and his children's benefits, rights and property in the trust, businesses, and individual personal property from after Pamela's death until * when he participated in federally protected acts such as mandated disclosures effectively becoming a whistleblower regarding federal contracts violations by his siblings including participating in irs investigations and filing complaints of gender discrimination harassment and retaliations against himself by his siblings and wife Jennie who was the business' cfo. Original discrimination claim was filed in February * after his internal complaint was responded to with silence while his access to his computer, business accounts and communications were restricted from him as well as new work and access restrictions ultimately resulting in termination for being a troublemaker before being rehired when the company began failing because of his absence but with new requirements, restrictions and invasive monitoring and recording of his activities. *. Jennie was unsupportive of **** after his mother and father's deaths, Aiding the older * siblings in discriminating against and defrauding ****, ongoing since *. Admitted in afadavits, testimony and to investigators *. Jennie received over $*,* for the benefit of **** and his children and filed for divorce. That money kept and managed as outlined above by Jennie. Divorce was filed within 2 months of the last distribution she was known to receive in * *. Jennie has affair with ****'s cousin Daniel Huddleston and is discovered to have been ongoing from June through December * *. Jennie attempted suicide and harming their son Isaiah December * * *. **** met with Jenny Sanbrano who committed to protecting him and his children December * *, additionally clarifying the house, custody and contents shouldn't go to Jennie *. Jennie was confronted about the issues regarding the abuse and resigning as trustee December * * *. Jennie requests to reconcile and cancel the divorce December 25th * *. * the neglect and abuse issues arise again and **** confronts Jennie and her mother in November, when no resolve is had he contacts dhs. *. November * **** contacts Jenny sanbrano with no response, then Jim Gordon Jr and explains the situation with his siblings and wife, Greer and Barber & Bartz attorneys and he recommends Patrick Abitbol who recently left his firm and was now with Rahmeir Sanbrano. **** contacts Patrick who agreed **** and the children needed protection and legal representation but Patrick didn't do probono work and was retiring from legal work altogether to focus on his dog rescue, offering additional advisement and directions before ending the call refusing payment for his time. *. December * * **** discovers Marijuana in a cigarette cellophane wrapper in Jennie's purse while retrieving an item at Jennie's request. He is told it was given to her by a students parent when she was at the school. *. **** is contacted regarding an affair between Jennie and Robert Nicholas, parent of Jennie's student and it director for city of Catoosa. Additional concerns over notice that she is meeting with Robert after hours and in the evening time at the parking lot of her school, Westside elementary in Claremore, and doing drugs and drug deals with Robert in the red Honda van. *. **** confronts Jennie about the abuse, witnessing her hit Bella in the face and cause a bloody nose, yelling, neglecting him and the children, the affair and endangering the family with the drug deals and substance abuse concerns of her drinking alcohol regularly again. *. December 9th * Jennie informs **** she wants a divorce and tells him she wants to focus on herself and do things for herself and doesn't want to be a mother or wife but just "Jen" and find herself again even if that wasn't what was best for the kids or **** it is what she wanted to do for herself. *. December 20th * Jennie files updated divorce paperwork in the case from * she said was terminated. *. **** gets threatening and harassing messages from Robert Nicholas while **** is in possession of the children due to Robert believing **** has blown the cover on the affair *. **** contacts Jenny Sanbrano requesting legal help *. December 29th Jennie disappears with the children and states they are not coming back home to ****. She later appeared at the house by herself stating she was concerned i didn't understand the reality of what was happening to me and she was not concerned that **** would hurt her or the children but would hurt himself when he realized what was happening. Later bringing the children back and then stating she would be staying with her parents as they offered her room back to her. Both parties agreed that Jennie would find a new place and see the children when it was safe as approved by **** and when it was desired by Jennie or the children to see her. That **** and the children would remain in the home as beneficiaries as it was trust property held for their benefit required to be maintained by Jennie as the trustee. Jennie moves out the next day under those agreements by her own volition. *. Jan * * Jennie is disciplined at work for inappropriate behaviors and attempts suicide and tells officers she gave the same medicine she is overdosing herself on to the children and they will all be gone with her because she has lost them. Officers call **** at *:21am and check on the wellbeing of the children requiring him to check to see if they were still breathing or showing signs of overdose. **** calls, messages and leaves voice mail for Don and Jeanette and Jennie's brother John regarding the incident and where Jennie was being taken. *. January * through January * **** is harassed, assaulted and threatened by Don and Jeanette, police advise protective orders be filed for **** and children against Jennie and her family. *. February * Patrick Abitbol appears on behalf of Jennie in the protective order case and multiple times refers to himself as a lawyer at the firm Jennie's divorce and custody lawyer works at and discloses that he and Jenny Sanbrano have spent significant time on the divorce case together. *. Judge Nigh dismisses po on default because **** didn't appear in person for court, he was however following judge nigh's previous command that he not return in person to her court or have any contact with the court and the court would call him on the phone when he was to appear. *. Patrick communicates to Jennie that it would be best to wait for Lander to have them on her docket than a judge that doesn't already know everything *. July * Jenny Sanbrano files for emergency temporary custody and possession of the house claiming **** hasn't paid bills and can't afford to keep the house and the kids are better with Jennie *. **** is served at *:* on Friday before the Monday hearing. Jenny confirms to Jennie that she knows **** hasn't been served yet (within the required 5 days before the hearing) *. Judge rules that **** received proper notice and grants the petition for temporary custody and possession *. Judge vacates order and orders new hearing *. **** demands Disqualification of Jenny sanbrano and is refused. Jenny sends Jennie recording of her and ****'s confidential consultation as a potential client regarding the divorce and the evidence he has. *. At hearing Patrick appears and states Jenny Sanbrano's grandmother passed away and he would appear on her behalf. **** objected and requested Disqualification of Abitbol, Sanbrano's firm and anyone having a conflict of interest (including Brakefield, their requested gal) and was denied. Judge allows uncertified evidence into the record over ****'s objection. Jennie testifies that she was abused, that **** didn't contribute and she paid all the bills so the house should be awarded to her and that the kids wanted her in the home and **** gone, and that **** forced removal of her from the home due to the protective order. On cross examination Jennie admitted she was the trustee of **** and his children and had received 200k for purchasing and maintaining the home for **** and his children and additional funds for their individual care and maintenance all under the terms of Pamela's trust. Jennie further confirmed that she had no physical or mental ailments keeping her from work or necessitating the house or is specialized contents purchased for ****'s physical needs and comfort. That she had no business use or need for the property and wasn't currently operating any business out of it. That she had no immediate need for the home other than her parents wanted their additional space back. She then admitted she knew that **** had medical need of the property, professional need of the property to run his business, and that he had no other living options and would be left without income, his medical devices and homeless. The judge awards temporary possession of the home and its contents to Jenny, orders the specific gal requested by Patrick to be appointed. *. GAL, Judge Lander and Nigh, Jenny and Patrick all friends and interact on personal Facebook pages outside of court against bar ethics opinion *-* *. Gal report filled with bias, evaluative statements, false statements and violatory content outside of the gal handbook requirements, testified that she didn't need to follow it because she's a juris doctorate and was a social worker at dhs for four years and that qualifies her to conduct her investigation however she wants and isn't aware of any rules she has to follow. That there is no ad litem institute lawyers for cost free services that she charges for and everyone has to pay. Testifies that evidence she used was specifically provided to her by law enforcement and not Jennie (emails recently discovered prove she received it from Jennie and seemingly perjured herself). Law enforcement confirmed they had not provided that evidence to Brianna, nor Jennie and have never certified or verified any evidence against me. *. Multiple claims as to what the evidence actually is that was provided to Jennie from Matthew in December * prior to a trial between **** and his siblings in which Jennie was a key witness, however no verification of the evidence or what it is claimed to display other than Jennie's testimony that she knows what ****'s voice sounds like and it sounds like **** according to her in the video in which only the audio was played in court because **** is not visibly in the video as they claim in court. The voice is distorted and there are multiple people in ****'s family that are adversarial to him that sound just like him. *. Multiple threats and delays from Abitbol on filing motions that never get filed even though significant delays are allowed by the court for him to specifically do so. *. Brakefield got married, changed addresses, contact information and legal firms with no notice to ****, however it appears the court and Sanbrano firm have no problem communicating with her. *. Multiple ex parte communications and signs of ex parte communications in chamber's without **** present or notified of the communications by the parties or court directly, only references made to information and evidence not submitted properly to the court but known by the judge, gal and opposing counsel. *. Still an unaddressed issue of the emergency ex parte injunction from July of * the court refuses to address until i have an attorney they approve of. Abitbol's response to the motion admits the trustee relationship and contradicts Jennie's sworn testimony that trust funds received were spent solely on care and maintenance of the beneficiaries due to ****'s unemployment and inability to provide for them. **** needs his children in his care and protection, restitution for the damages and losses, and compensation for the unconscionable and unprovisioned abuses of power by the court and ethical violations of all the attorneys in breach, as well as finality to the contracts between Jennie and himself. These violations of the process and ****'s family's rights have caused severe trauma along with emotional, mental and physical anguish and duress when they should have been protected parties due to the abusive and neglectful treatment of Jennie towards them.
It sounds like you have a very complex case involving multiple issues. Here are some key points:
- Conflict of Interest: You may have grounds to request disqualification of certain lawyers and a change of venue.
- Child Custody and Safety: Document all incidents and file for protective orders.
- Trust and Financial Mismanagement: Seek forensic accounting to trace trust funds and potential fraud.
Would you like more information on how to proceed with any of these points?
So what has happened to ****, in legal terms? What action plan of steps and motions to file does **** need to follow for the best outcome in this legal scenario? Please be descriptive and include the violated statutes and who made them and what statory grounds **** has for relief? What is the maximum relief based on the scenario information that **** and his children can receive and from which parties would it be received from?
****'s case involves multiple legal issues including conflict of interest, child custody, trust mismanagement, and potential fraud. Here are steps and statutes relevant to his situation:
Key Statutes Violated:
- Oklahoma Trust Code (Title *, Sections *.*-*.*)
- Oklahoma Family Code (Title *)
- Oklahoma Rules of Professional Conduct for Attorneys
- Federal Whistleblower Protection Act (* U.S.C. § *)
Action Plan:
*. Conflict of Interest:
- File a motion to disqualify attorneys (Sanbrano, Abitbol) citing Rule *.* of the Oklahoma Rules of Professional Conduct.
- Request a change of venue if biased judicial conduct is suspected.
*. Child Custody and Safety:
- File for protective orders for children and ****.
- Document all incidents of abuse and neglect.
- Request emergency temporary custody based on endangerment.
*. Trust and Financial Mismanagement:
- Hire a forensic accountant to audit trust funds.
- File a petition for accounting and removal of Jennie as trustee under Title *, Section *.*.
*. Fraud and Coercion:
- File a complaint under the Oklahoma Fraudulent Transfer Act (Title *, Sections *-*).
- Seek restitution for misappropriated funds and damages.
*. Whistleblower Protection:
- Assert rights under the Whistleblower Protection Act for retaliatory actions.
Maximum Relief:
- Custody: Full custody of children.
- Financial: Restitution of $*,*+ mismanaged trust funds.
- Damages: Compensation for emotional, mental, and physical distress.
- Legal Fees: Reimbursement of legal fees and court costs.
Would you like guidance on filing any specific motions or need more details on any point?
The judge, gal and attorneys for my wife are all friends and interact on Facebook publically and i have already experienced extreme bias and unequal treatment in my efforts from judge nigh and judge Lander that have refused to disqualify. I filed a motion to disqualify the judge as the en camera request was denied, however the clerk put my motion in as an afadavit instead of a motion to disqualify and i don't know what to do next with that to resolve to judicial and gal biases as their violation of the gal handbook, court procedures and the rights of my children and i under Oklahoma, us, and Cherokee Nation of Oklahoma constitutions
****, here's a concise action plan to address your immediate concerns:
- File a Corrected Motion: Refile your motion to disqualify the judge, clearly marking it as a "Motion to Disqualify" and not an affidavit. Ensure you detail the reasons for disqualification, including evidence of bias and conflict of interest.
- Appeal the Denial: If your motion to disqualify is denied again, consider filing an appeal with a higher court for judicial review.
- Protective Orders: File for protective orders for yourself and your children based on documented incidents of abuse and threats.
- Change of Venue: Request a change of venue due to demonstrated bias and conflicts of interest.
Would you like more detailed guidance on filing any of these motions?
Yes, and please make it with the court procedures of in Rogers County Oklahoma in mind
****, here's a detailed action plan tailored to Rogers County, Oklahoma procedures:
Corrected Motion to Disqualify:
*. Title the Document: Clearly label it as "Motion to Disqualify Judge" at the top.
*. State Grounds: Cite specific examples of bias, conflict of interest, and any violations of the Oklahoma Rules of Professional Conduct.
*. Attach Evidence: Include screenshots or documents showing the judge's interactions on Facebook with the attorneys.
*. File with Clerk: Submit the motion to the court clerk and ensure it is recorded correctly this time.
Appeal the Denial:
*. Prepare Appeal: If the motion is denied, draft an appeal citing the denial and the reasons for reconsideration.
*. File Appeal: Submit the appeal to the Oklahoma Court of Civil Appeals.
Protective Orders:
*. Document Incidents: Collect all evidence of abuse and threats (photos, messages, medical reports).
*. File Petition: Visit the Rogers County District Court to file for protective orders.
Change of Venue:
*. File Motion: Draft a "Motion for Change of Venue" citing demonstrated bias and conflict of interest.
*. Submit Motion: File it with the Rogers County District Court clerk.
Would you like more details on drafting any of these specific motions?
Based on the information I've given you, how would that amended motion look?
****, here's an example of an amended "Motion to Disqualify Judge" for Rogers County, Oklahoma:
---
IN THE DISTRICT COURT OF ROGERS COUNTY STATE OF OKLAHOMA
IN RE: FD-*-*
**** Ross ****, Plaintiff,
vs.
Jennie Marie Burgardt (****), Defendant.
MOTION TO DISQUALIFY JUDGE
COMES NOW the Plaintiff, **** Ross ****, and respectfully moves this Honorable Court to disqualify Judge [Judge's Name] from presiding over this case, and in support thereof states as follows:
*. Grounds for Disqualification:
- Bias and Prejudice: Judge [Judge's Name] has demonstrated bias against the Plaintiff through unequal treatment, rulings favoring the Defendant, and refusal to disqualify themselves despite clear conflicts of interest.
- Conflict of Interest: Judge [Judge's Name] has public and personal interactions on social media (Facebook) with the attorneys representing the Defendant (Jenny Sanbrano and Patrick Abitbol) and the Guardian Ad Litem (Brianna Brakefield). These interactions create an appearance of impropriety andcompromise the judge's impartiality.
*. Specific Instances of Bias:
- The judge ruled that Plaintiff received proper notice of the hearing despite clear evidence that the notice was untimely.
- The judge allowed uncertified evidence into the record over Plaintiff’s objections.
- The judge has shown favoritism towards the Defendant in custody and property rulings.
*. Evidence:
- Attached screenshots of Facebook interactions between Judge [Judge's Name], the attorneys, and the Guardian Ad Litem.
- Copies of court orders and rulings demonstrating bias and unequal treatment.
*. Legal Basis:
- Oklahoma Rules of Professional Conduct, Rule *.*: Conflict of Interest.
- Oklahoma Judicial Code of Conduct, Canon *: A Judge Shall Perform the Duties of Judicial Office Impartially, Competently, and Diligently.
WHEREFORE, Plaintiff, **** Ross ****, respectfully requests that this Honorable Court:
*. Disqualify Judge [Judge's Name] from presiding over this case.
*. Reassign the case to an impartial judge.
*. Grant any other relief the Court deems just and proper.
Respectfully submitted,
__________________________
**** Ross ****,
Are there rules or case law in Oklahoma that the judge Lander should have followed for possession of the property being trust for my children and i as my wife admitted on the stand As well as the known medical and business need of the property for **** as well as the need for housing as awarding the home to Jennie would leave **** homeless and without means to secure housing, which is why the trust is in place for His needs just as Jennie testified was true
In Oklahoma, judges should follow specific rules and case law when dealing with trust property and its beneficiaries. Here are key points relevant to your situation:
*. Oklahoma Trust Code (Title *, Sections *.*-*.*)
- Trustees must act in the best interest of the beneficiaries.
- Trust property must be used according to the trust terms.

*. Oklahoma Family Code (Title *)
- The best interest of the children is paramount in custody and property decisions.
- Consideration of the beneficiaries' needs for housing, medical, and business purposes.
*. Case Law
- In re Estate of Maheras: Trustees must adhere to trust terms and act impartially.
- Matter of Estate of Pope: Prioritizes the needs of beneficiaries in trust administration.
Would you like guidance on citing these laws and cases in your legal motions?
The way that the case has progressed with the judge only allowing damaging information and evidence against me without allowing me to object or respond with evidence of my own has resulted in a horrible depiction of me without any ability to properly defend myself against the claims or evidence of the attorneys and gal that are biased against me along with the judge all working together to accomplish this destruction of my reputation, credibility and character. Even a new judge stepping in would have a very wrong view of the circumstances where it would look like the kids are better with her since the evidence of her abuse of us hasn't been allowed by the judge or gal to be put before the court. All the previous ad
****, you need to address the procedural and legal injustices you've faced. Here's an action plan to help you move forward:
*. File a Corrected Motion to Disqualify Judge:
- Clearly label it "Motion to Disqualify Judge" and detail reasons for disqualification.
- Attach evidence of bias and unethical social media interactions.
- Cite Oklahoma Rules of Professional Conduct, Rule *.* and Oklahoma Judicial Code of Conduct, Canon *.
*. Appeal Denial:
- Prepare and file an appeal with the Oklahoma Court of Civil Appeals if your motion is denied, citing reasons for reconsideration.
*. Protective Orders:
- Document all incidents of abuse and threats.
- File for protective orders for yourself and your children at Rogers County District Court.
*. Request Change of Venue:
- File a "Motion for Change of Venue" due to demonstrated bias and conflict of interest.
*. Cite Relevant Laws and Case Law:
- Oklahoma Trust Code (Title *, Sections *.*-*.*)
- Oklahoma Family Code (Title *)
- Case Law: In re Estate of Maheras andMatter of Estate of Pope
Would you like more details on drafting any of these specific motions?