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The judge granted a motion to vacate and implemented the previous court order which reinstates he visitation on good faith that she could not make the previous court hearing.  I told the judge my concerns about drug use and he ordered fingernail drug tests for the both us within one week.  I went to take my test within 48 hours and did not have enough nail to submit to the test.  So I went back in 21 days and sumbitted the test and of course it came back negative.  We had a follow up mediation status hearing, where I asked the Judge for both parties to provide the drug test results.  Of course she did not take the test because of financial reasons ($100) and that she is a nail biter, however she had an appointment scheduled for 7 weeks after it was ordered by the Judge.  The Judge told her to stop biting her nails and take the test and a GAL was appointed. 
She should have received her test results by now if she took the test when she had it scheduled, albeit 7 weeks late.  The testing place would only disclose the results to the GAL which is understandable. 
How can I motion to receive the results prior to the next hearing.  Can I send a motion to her attorney, GAL, and judge requesting the results?

Thanks OCEAN!  After looking at the circuit court rules it clearly states that a person present at a hearing can request a De Novo hearing.  However finding that are entered by default are not eligible for De Novo.  So she was not present and a judgement was made be default so De Novo should not be allowed.  It also suggests that a hearing had to take place in which it didn't.  Unless you call a default judgement a hearing.

I assume if she notifies me about the De Novo hearing I will make an appearance just in case.  It just sucks having to take off work ad travel an hour and half to hopefully have the D Novo denied.

The next question I have is that she originally filed a motion for change of custody and placement along with child support that was suppose to be heard at the same time of my motion.  However she never served me with the motion.  After the judge granted me sole custody based on the default she immediately refiled her motion which on the calendar for Dec.  in front of the same court commissioner who thought motion was all lies.  She may have added or changed it.  I am not so worried about this since it will not have merit the CC should see right through it.

My question is, does the two year "acclimation" period apply to this new judgement of sole custody?  Meaning, does she have to prove physical or psychological harm if she wants to change the court order within two years from this judgement?

Thanks in advance!

We had our hearing for my motion for Change of Custody and visitation.  My daughters mother also made a motion for Change of custody and visitation the same day she was served with my motion.  The Judge read my extensive affidavit and supporting police reports and documentation and made comments that I have very credible reasons for the change of custody.  He then read the BM's motion and said he felt they were all lies.  No testimony was given on either part because BM never showed up for court! 

The BM actually called the court room that morning and said she could not make it to court because of car problems.  They said she could make a phone appearance.  They told her they would call her between 10-11.  The attempted to call her and the the phone rang numerous times and they had to leave a voicemail.  The judge said he would wait 15 minutes for a call back otherwise he will make his judgement.  There was no call back by the BM so he awarded me sole legal custody and reserved all visitation by the mother until further court order.

As I was driving home I started receiving harrassing voicemails and texts from her saying that she didn't have phone service and this is not over yet.  So she file for a De Novo hearing.  The De Novo hearing was granted and is scheduled for next month.  Kindof wierd how she could call the court before the hearing and call and text me right after but didn't have a phone signal.

Will the new judge actually hear the case De Novo when she did not make an appearance the previous court date?  I am very confused about what the DeNovo hearing actually is.  Since I was never served her motion will they hear that motion or will it only be my motion and supporting evidence.  I think a De Novo hearing is a new hearing/trial as i the previous one never took place.  Anyone experienced with De Novo hearings?  What can I expect?

I am the father of a 8 year daughter who I have am the custodial parent.  She spends weekends with her mother and during her visits she is witnessing drug use and manufacturing of crack cocaine.  She told me a story about how they mix-up powdery stuff on a spoon and then they pour some out of the spoon and then let it dry on the counter and it creates a yellow ball.  When it is dry they smash it up and put it in a tube and then they go in the attic, lock the door and smoke it.  She said she has seen this a few times.  My daughter was born with cocaine in her system when she was born and now she is witnessing it 8 years later.

I already have a hearing scheduled for physical child abuse which was investigated but there were no arrests or physical marks so DCFS did not intervene. 

What should I do?  I think manufacturing drugs in front of a child technically child abuse according to statuates.

What do I do, Call the police and have them interview her?  Call the scholl and talk to a social worker? 

Thnaks in advance and please help.   

The trial will be held in Wisconsin becasue that is where my child was born and that is where court proceeding have historically been.  My child was born with drugs in her system so the state awarded her to me (women should be arrested for this).  I currently live in Il. and my child has lived with me for over four years.  The mother lives in Wi. however does not live in the same county where the court proceeding will take place.  I have filed for child support in Il. and they will not take it until Wi. releives jurisdiction.  So my lawyer will try and get the court to change jurisdiction to Il. since that is where the child lives. 

Yes, she is fighting where she will go to school, but it is clear that she will not win that battle (other unmentioned reasons).  It is more about financial issues, transportation, and visitation time now.  Mediation did not work.  Funny the court date is two weeks after school starts.  I find it unlikely they will uproot her and give her to her mom, who just got off probation.

She also has her own business and hides her income.  She did work recently with a W2 but lost that job after a few weeks.  Can you beleive I actually had to pay her child support for six months since my income is greater than hers.  This made me sick!  she got 4 overnights a month and I had to pay her child support and transportation costs.  What a joke that was.  So I am afraid that when the trial is settled that she can take me back for child support if WI does not releive jurisdiction. The old order has been terminated, I thought that the state where the child lives for the last six months has jurisdiction over child support.

I am the father and have joint custody of my daughter.  She lives with me 70% of the time and 30% of the time with her mother.  I use to have to pay her mother child support since I make a significant amount of money more than she does.  I make 60k annually and she said she makes $1,100/month.  This is how they do it in WI.  I have since got this terminated since the judge agreed that I should not have to pay child support.

I also pay about 9-10k a year in daycare costs.  This will be going down since she will be starting first grade.

We are going to trial next week to determine where she will go to school and finalize other matters.

She thinks we should alternate filing her as a dependent since it is joint custody.  I think I should be able to claim her on my taxes every year since she is with me the majority and I pay the majority of the support for her.  I am trying to get the child support moved to Il., where I live since she would then have to pay me child support.  I think if she pays child support then maybe we should alternate.  However if shes not paying any support and I have the majority of the expenses then I should cliam her every year. 

I also thought that you have to have your child 51%f the time to get the child tax credit.

Does she have a leg to stand on and ask the court to alternate filing her as a dependent.  Since I make more the tax break would be significantly more if I filed anyhow.  Anyone have experience with something like this?

I am the father who has the majority of physical placement of my daughter with joint custody.  We live in Illinois but mother lives and Wi where my daughter was born.  After getting her out of foster care I received the majority of the custody 70/30.  There was no child support in place for 4 years until Mom applied for daycare assistance in WI.  So who does WI come after, me.  In WI, since I make significantly more than her I had to pay her roughly $100 a month in child support since my lawyer did not show up to the case.  Well we went back and the judge terminated the child support agreement since I have her the majority of the time.

Since there is no longer a child support agreement in WI, can I simply go file for child support in Il. since they do not care how much each party makes?

I am thinking since there is no child support order in place they will hear my case without getting the authorization from Wi first to have it moved to Il.  What are your thoughts?

Another question is there has been nothing ever put into our court orders about taxes each year.  Since I am the supporting parent the majority of the time can I file each year and claim my daughter or since it is technically joint custody do we switch each year?  We have alternated in the past based on good faith but I am sick of her getting a free ride.  Since there is nothing in the court order can I claim her anyway?