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Messages - aquanee

Pages: 1
1
Thank you - everyone - for your help - I really do appreciate it.

2

Sorry for my lack of law knowledge - the document Imentioned, Stipulation-Agreement for Judgment does say thefollowing in the very first paragraph:

“It is herebyagreed by the parties (Plaintiff, [ME.], hereinafter "Me" andDefendant, [Her-my son’s mother], hereinafter "[Her]"), with theadvice of counsel that the following stipulation shall be made a Judgment ofCourt with respect to the above captioned Complaint forSupport-Custody-Visitation Pursuant to G.L.M. 209C:

Then many pages of that consisted of the agreement etc.

We submitted that to the court/judge and received adocument from the court that was signed by a Judge - below is the basic headingand contents of that 1 page document:

JUDGMENT
(On Complaint for Support-Custody-Visitation
Pursuant to G.L.M. 209C)




After hearing, itis Adjudged that:


Judgment enter inaccordance with a Stipulation of the parties dated December 14, 20xx
which isincorporated and made part of this Judgment.


So is this still an agreement or does the above language make it a court order?

3
The title of the document says Stipulation-Agreement for Judgement, with the last page being title Judgement which states the judge accepts our agreement and signs it. Sorry I thought an signed Agreement became an Order, since the Judge has signed it??

I have approached the PC in that manner and I supplied him with documentation showing that states like Indiana and Minnesota have laws that allow children of 5 years or older to spend 4++ weeks with the non-custodial parent. He didn't care - he actually said and I quote, "This isn't Indiana or Minnesota" I asked him if the findings of those states would be any indication that other professionals in his field have found it in the best interests of children to spend 4+ weeks w/ non-custodian parents - he basically said "This is Massachusetts"

4
The agreement does say that if my son's mother and and I have a disagreement about anything we need to go to the Parent Coordinator and that his ruling becomes an extension of the CO - but my argument is going to basically be that she (my son's mother) agreed to all this, we negotiated things and now she goes to the Parent coordinator and he changes the CO because she has found out that he mostly sides with her - and as I previously mentioned he has demonstrated a bias - it actually gets worse but somethings are just too hard to believe.

Again my biggest thing is trying to find law/recorded precedence etc so I can bring to judge.

It could also be medical documentation.

The internet, if referenced properly and due diligence is made to legitimize the information/source etc., is a tool that can carry some weight - but there is SO much to wade through - that's why I am asking if anyone has come across anything that can help me.

5
Visitation Issues / Re: Won't give me a time for pickup??
« on: Jun 15, 2011, 09:11:13 PM »
I don't know how well things are going between you and other parent but I would probably say something to the effect of:  I have asked on 2 occasions to work with you on a pick-up time. Since I have not received a response I will pick up at XX:XXPM. I will assume our child will be ready at that time.

Also, if you can quote any specifics you can from CO

6
thanks so far for input

The Parent Coordinator is NOT a straight shooter - yes, I'm sure many have heard that before and many more have felt that way - it just indescribably some of the things he's done. The first time wanted to bring my son to Ohio I had to petition the parent coordinator  (as with everything my son's mother tried to say no). The parent coordinator asked if it was OK if he spoke with my fiancee. I said, sure, and politely asked why. Even my son's mother did not mention anything about any problems with my fiancee and my son loves her?? Needless to say my fiancee told me what he asked - he asked her questions like:  did I took care of my son: change  his diaper, pre-pared meals, put him to bed etc. She said of course taken back and simply asked the parent coordinator what do you think has been happening for the first 3-4 years when he visited with his father? The parent coordinator responded that "men will be men" and he needed to know before he let my son come out to Ohio for a week. Things went down hill a bit with him since I confronted him about this and some of his other clearly biased decisions. We have joint legal custody - why can my son's mother's change call times and web visitation dates w/o my permission but I need her permission to do so??? She actually dictates when we have web visits due to one of his last order's - the CO says 2 a week, he changed it to at least one a week and only after my son's mother schedule's it - haven't had one in 12 days.

I don't have $ for a lawyer or to constantly travel back and forth to Mass to fight all these things. I have to pick my battles. Plus the state of Mass is relatively archaic in terms of a lot of family law matters.

I am going to Mass for court in one week and really need any info, law references/precedence anyone may know about OR even web sites that they think I can research and perhaps find something myself. I am working on this but figured someone out there may be able to point me in a few good directions.

Thanks again

7
I am looking for any type of Precedent regarding visitation as described below.

My CO is in Massachusetts. My CO says 4 weeks in the summer. However, it does not say 4 continuous weeks. The Parent Coordinator would only allow me two consecutive weeks despite the fact I live over 700 miles away from my son and cannot afford two 2 week visits.

I am searching for an case or law history (especially in Massachusetts) that would set precedence for me to have my son for 4 consecutive weeks.


The Facts


1) My son is 5 years old.
2) I visited him every other weekend from 9 months (when his mother left) until he was about 2 and 1/2. I then moved (temp move - will be moving back    in 2-3 years) and have visited him every 4-5 weeks for 5-7 days up until March of 2011 when my $ ran out.
3) We talk 3 times a week and have frequent web-visits.
4) He has been to my house 2 times for about 7-8 days.
5) CO says 4 weeks in summer.
6) Parent coordinator said not 4 consecutive weeks until he is MUCH older, he said like age 11.??? This same Parent coordinator changed web visits from    2 per week (what CO said) to at least 1 ?? Why I have no idea other than he does most (not everything) that my son's mother asks.

Some Facts I have found:

States of Minnesota and Indiana allow for 4 week visits by law, once a child reaches age 5. I believe it is Indiana that also says at least 1/2 the summer if non-cust. parent lives greater than 200 miles away.

If you have any other information I would greatly appreciate it, all I want is to be able to visit my son.

Thank you very much.

8
Visitation Issues / Re: Visitation - Summer Break - CO
« on: Jun 08, 2011, 12:35:32 PM »
Unfortunately, the mother is ALL about control and $ - it is very sad... I could literally give 10 examples without thinking too hard about how she has chosen herself over the best interests of our son. I did approach her and the parent coordinator about the cost issue and he said he was thinking hard about that (i.e. I would make one trip since I could only afford one trip because of the situation, and that includes my GF's help). His final decision was that it would not be in the best interests of of my son to be away from his mom for 4 weeks. I guess he felt that way even with the back-up plan.

Sadly enough, he said almost the exact thing to me that my son's mother said - that I should get a job and not put my son in this horrible situation.

HELLO!!! They both KNOW that I am NOT allowed work per doctor's order's except for 4 very modified hours a week.

"Horrible" situation - what -  that my son comes out to visit his father once a year for a month - that's pretty horrible isn't it. I mean when I was able to afford it I was going their 9-10 times a year and he was coming out here 2x a year - which involved me making 2 round-trip to pick him up and drop him off. I had no problem with that and would do it if I could afford it.

This is the same mother who withdrew our son from pre-school because I was behind on child support (yeah I had NO income) and come to find out that she (my son's mother) only mad 2 of here 5 payments to the pre-school - she blamed ME when it was HER fault. Her payments stopped 3 months before my child support even went down (the CO did not go down, because they think I can somehow grow money, but because I had to pay less and less because I don't have it - If I didn't have a loving supporting, understanding GF I would be HOMELESS and the state of Mass still wants me to pay 160/week)!!!!!!!!!!

9
Visitation Issues / Visitation - Summer Break - CO
« on: Jun 07, 2011, 04:13:08 PM »
Try and make a long story short. I live in Ohio, my son (he'll be 5 on June 13th) lives in Massachusetts. We are very close. When I was still in Mass. I saw him every other weekend. Then when I moved to Ohio (~2 years ago) I have seen him and average of 5-6 days a 4-6 weeks, but usually in one long visit. I now have no income and have not been able to afford to see my son since the 1st week in March (when the judge did NOT lower my child support because 1) he thinks I should use my 401(k) 2) I did not supply enough evidence that I had no income other than a note from my former payor that I was no longer getting paid as of Feb 15, 2011???

I am going back for court June 23 - my last bid of savings was for this trip. My current girlfriend suggests that I bring my son back to Ohio for 4 weeks, and she will pay for costs to bring my son back to Mass. I have brought my son to Ohio 3 times, each visit for about 7-9 days. My court order states I get my son for 4 weeks during summer break. This is really his first summer break since he just completed his first full year of school. So I ask my son's mother and she says, "no way" not even 10 days?? I go to parent coordinator he says 2 weeks maximum because the CO does not say 4 consecutive weeks. I tell him I can only afford to do this trip ONE time this summer. I had done some research and 2 states laws (SD & IN) both children over 5 to spend at least 4 weeks with the non-custodial parent - especially if they live more than 200 miles from their child's home. Oh and my son badly wants to come out here again but he is only 5 and has no say which makes some sense but he shouldn't be totally discounted - he's asking to visit his Dad no eat a bag of M&M's. Oh and I had a full "back-up"plan - i.e. if William should any signs of really wanting to go home than that would happen. I've paid child support for 4.5 years - even before there was a court order - I was doing so voluntarily - so if I can enough about him to do that then, yes I will bring him home if he clearly wants to go home.

Any suggestions, or like seeming everything regarding my son am I SOL again.

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