• Report: #840943

Complaint Review: Judge Allen Welch's office

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  • Submitted: Fri, February 17, 2012
  • Updated: Tue, February 05, 2013

  • Reported By: maria — choctaw Oklahoma United States of America
Judge Allen Welch's office
oklahoma county court house oklahoma city, Oklahoma United States of America

Judge Allen Welch's office re: guardianship of children oklahoma city, Oklahoma

*Consumer Comment: Judge Welch is very fair ethical judge

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Well, we decided to file guardianship of 3 children that had lived with us for 9 out of 12 months last year. My family didnt have the money for an attorney so we decided to do it pro se ( without an attorney). after being pushed into doing this sooner then we wanted to by family we got the papers offline and got them done. Well since i had been convicted of child abuse in 1997, i changed the petition and took out the fact that no one had a felony. when i went before jugde welch he looked over the papers and asked me about my felony and i explained it to him. All long with the fact that oklahoma court system gave me my children back. He simply asked for one of the other petitioners to be on the emergency order. I had no problem with this. so we came back and redid the emergency order.

We went back before judge welch, we explained the situation to him and he granted the temporary order. as soon as we got home i notified the mother, she came over the next morning and got copies of the court papers. we also notified her mother. well her mother got her an attorney. (which even if you cant afford it i would recommend with this judge). so this attorney just shows up at our home and tells us she is the mothers attorney and we had to let her see the kids. so the mother got to visit the kids for about an hour. when the attorney told us we needed to give the children back to the mother and this was not gonna be worth it for us, we told them that any child is worth fighting for and asked them to leave.

well the first court date was postponed by mothers attorney. so we went to the next scheduled court date. well the judge told us right off the bat that he did not have time for a contested hearing, we asked for it to be continued, that was denied. we had all of our witnesses there so the judge could hear from them. well he wouldnt hear from any of our witnesses. and during the hearing we found out that we filed the papers wrong. that we signed papers that we shouldnt have. so even thou we could prove that we had the children all this time and even had letters from counselors to this fact. the judge gave the kids back to their mother. well, the attorney brought the mother over and after being over an hour late picking them up. the exchange was done. we returned what the mother had sent over which was much of anything.

well next we have to deal with her attorney filing papers for us to pay her attorneys fees. we got the papers and said well you know we didnt do anything wrong. and we had the kids so the courts will side in our favor and everyone will have to pay there own stuff. NOT TRUE... because we didnt file a response the attorney wanted an ordered issued right then. well the judge listened to everything and decided he was gonna decide on it later. ok so we thought well you know he had already told us in the original hearing that he didnt think we did this under any malace or intent so we felt that nothing was gonna happen.. man was we wrong. now because of all of this we have to pay for 2/3 of her attorneys fees. boy, justice is just for the people who can pay for it.

Now in the meantime, this mother had DHS investigating her on these same children. and she has treatmentss that she has to do. And some of this is the same stuff wwe was trying to tell the court she was doing. like leaving her children locked in a room, doing drugs, and some other stuff. So when these children end up in DHS custody. they will end up being lost and probably separted. And no one wanted to listen to us because we didnt have an attorney and we couldnt get the judge to listen to our witnesses. I feel so sorry for these children. Even though it turned out this way we would do it again because we can say that we at least tried to help save them. 

So if you plan on filing for guardianship of any children make sure you have a dam good attorney or you will end up having to pay the other persons attorneys fee.  So there really isnt any justice in our court systems.

This report was posted on Ripoff Report on 02/17/2012 01:13 PM and is a permanent record located here: http://www.ripoffreport.com/r/Judge-Allen-Welchs-office/oklahoma-city-Oklahoma-/Judge-Allen-Welchs-office-re-guardianship-of-children-oklahoma-city-Oklahoma-840943. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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#1 Consumer Comment

Judge Welch is very fair ethical judge

AUTHOR: Attorney - (United States of America)

I just read your comment about Judge Allen Welch of Oklahoma County and am very sorry that you feel that you were not treated fairly.  However, I have practiced law in front of him since he was on the bench both during his domestic docket and his current probate and guardianship docket.  And I've never seen a more fair, ethical and even tempered judge than he in the years I've practiced. Every lawyer I know enjoys practicing in his courtroom because he treats everyone with such respect and renders such fair-minded decisions.  

I don't know the details of your case other than what you've posted here.  But when it involves custody of children, you should always seek legal advice.  Even if you couldn't afford an attorney, many attorneys give free initial consultations.  You can also apply through legal aid.  And many attorneys even do pro bono work. I can see why your conviction for child abuse would be a HUGE concern for the judge.  How does he know that you are not an abusive person that might harm the kids?  Put yourself in his shoes.  Would you agree if a person convicted of child abuse was trying to take guardianship of your kids?  He  has to be very cautious and hold your feet to the fire to make sure you are an appropriate guardian. 

Every day kids dying and getting abused make headlines.  Judges have a very hard job. You seem like you had only the best interest of the kids in mind.  And perhaps you made your mistakes years ago and learned from it.  But I had to post this comment in objection to your depiction of Judge Welchh as unfair.  I have seen him treat pro se litigants without attorneys with as much respect as he gives lawyers.   If you knew his history as a child, you would know why he ALWAYS stongly advocates for children and why he is very conscientious as a judge trying to make sure that all children are placed in safe homes under his watch. 

You have to also understand that often the judge's hands are tied legally.  I agree that there are some really dead beat parents out there. But unfortunately it is often difficult in guardianship cases to prove this unfitness.  Hopefully you can continue to remain involved with these children and try to monitor and protect them in case this mother messes up again or if the kids get put back into the DHS system. 

But again, I wholly dispute your experience with Judge Welch.  He is fair and pays attention to everything that is said in court.  I'm sure that there must be more to this story than you've posted or he wouldn't have placed these children back with their mother.  I'm not attacking you.  I just felt compelled to defend his reputation as I've had many many cases with him over the years and he has always made fair and just decisions in all aspects, even when he ruled against my clients.
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