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here yet. But They are trying to change the age of majority from 21 to 18 RE: child support here in Indiana here is a link:

http://www.in.gov/legislative/interim/committee/ccsa.html

Child Custody and Support Advisory Committee
Legislative Services Angengy
200 West Washington Street Suite 301
Indianapolis Indiana 46204-2789
Fax 317-232-2554

Sen. David Ford is the chairperson

As of now there is no cs order, for five years. Dh hubby will be filing he has finally seen that a child should be support by both parents.  We have not talked with bm about it yet, she never gave us a clue she was filing for reversal when she did. My point blabk question is should we mention it to her at all, how should we is yes? We would like to talk with her, hubby only wants her to pay min. cs we know that she does not have to disclose anything to us or our attorney with out a court order and we really would like to at least hammer out the medical, for the past five years they pay their own and out cost , hubby would like to keep it that way 1. for the hassle, 2. it would reduse her weekly obligation too.  How would you as ncp view this, we will not ask her to agree, sign anything without her attorney as we wouldn't , we just want talk as a buffer to see what she would want per say, and show her example forms, direct her to the Indiana childsupport guidelines.

We could just let our attorney handle this, yes, I just don't want him to blood sucker or piss her off ,we would like to at least know for the medical part so if she agrees to that we can say we already agreed to that so their is no expense there...........thats really all we want to shoot for.

I filed a motion for custody and counseling and for child-support.

My ex and I have signed a stipulated agreement that settles all matters of custody and counselinng, he wants the court to address child support we both are pro se.

There has not been a date set as I called today. I am at a loss as what to file? We want to ask that the court adopt and order the stipulated agreement but still need to address the cs modification...

1. What would be a proper title for this motion?

I filed for Custody of my child (age 9) Tuesday since then my ex has threatened to leave the state with the child. So I am filing a motion to restrain him.

The issue I am having is in 2005 as we were divorcing we jointly sought psychiatric and therapeutic counseling for the minor child  after years of exulting behavior that included, but not limited to, un-controlling outburst, behavior, stealing, terrorizing other people/children and homicidal threats. (which is all stated in the record)

Our son went to about 5 visits, during that time he moved in with my mother and was doing well, when the therapist stated the child should remain with my mother my ex removed him. Our son had only continued to get worse, when we were told by the therapist he needed in-treatment my ex would not allow any further visits.

So he has gotten in trouble at school to the police. This year the school required we seek treatment and my ex and I with child went a few weeks ago but my ex failed to show at the follow up.

I find out today that he does not plan to take him back because I "talked" to the therapist behind his back.  We do have joint legal.

I asked for an enforcement of the therapy in my motion for custody but I did not ask for a Temp. Order because I didn't think my ex would pull the child out as the school was involved this time.  Today our child states he was going to kill himself.

1. Can I go ahead and ask for a Temp. Order for the therapy due to the fact the father stated today that he will not be taking him back and the child stated he is going to kill himself?

2. If so can I ask for it in the same motion asking to the restraining order or should I file two separate motions.

I filed a motion in October hearing set for Feb. 28.

Major issue is the ex is not giving the prescribed dose of asthma meds, discontinued the meds over this past summer against medical care providers' advice.  Since the filling she had Thanksgiving break, child age 11 (12 in July) stated she would not give him the second dose of asthma meds as prescribed.

I just received today an Order for continuance from the court house stating the ex filed for a continuance by council. I never received notice nor was served. The hearing is now set for June. The ex will have spring break and have started her summer period by the hearing.

Since I was not served, thus unable to respond and the original motion concerns in-adequate care/major medical issues..

1. Can I filed an emergency motion for Temp. supervised visits on these grounds until the hearing?

I went and had an attorney fill out the subpoenas for the medical records. They have to be either brought my the custodian or be certified. So he filled them out, and just added my number incase they didn't want to apear.

I have had only 1 out of the 3 I am worried about call but then that is a mess or maybe I just didn't understand. He was unsure where to send them, I explained to him that he would not have to testify if he sent the records certified. He sent them to the clerk...

I know I need copies of them (to make sure they are whole and so I can prepare), but will I need to supply the ex with copes at the hearing?

1. Can I request copies of them from the clerk?

2. Will I need copies for the ex as well?

3. Can I call the other to Doctor's and just let them know all I need is certified copies?

Soc,

My son and DIL are in Jail and have been since August. They have 2kids their oldest has "lived" with my DIL's grandma (GGM) since he was 2 (now 13) their youngest (11) has lived with them (my son and DIL) since birth.

This is the fourth charge (drugs) for my son (he will be getting some serious time) and 2nd for DIL. With both charges my Grand-Dauther (GD) has stayed with the GGM. The first time the GGM refused to allow me to visit....and again is doing so.

My son states he does not have a problem with me taking GD for a visit, I have not talked with DIL. I sent the GGM a certified letter asking to resolve this without having to waste judicial recourses.

The GGM received this today and had my GD call me and tell me she doesn't want to ever see me, but couldn't tell me why.

I will have to move forward and ask for Temp. Visits.

1. Do I sue all three of them for visits (son, DIL, and GGM).

2. Is there different "rules" for serving someone in Jail? (To include motions/responses and subpoena.

3. What do I do with re: to a cause number?

Dear Soc,

A friend of mine told me that when her ex filed for contempt for denial of visitation the letter she had from the doctor was thrown out as hear say because it was not Certified.

Her attorney stated that all medical records/notes need to be certified in order to be admissible.

I have a hearing in Feb. concerning medical issues to which I need my son's medical records. I sent of for them and attached the ones that pertained to my points to my motion, per your advice (If you remember I asked because the motion was turning into a book). I have them ready to offer as complete at the hearing.

The Court kept these medical records and a letter written by the therapist to me and my ex but sent all correspondences  back stating I can offer them as an exhibit.

As of right now both sides are pro se, but there is a chance he could have an attorney file appearance the day of court. Thus I want to make sure the records are covered.

If you have time here is the link that was provided to me not for sure if this is a "state" thing.....

http://www.in.gov/legislative/ic/code/title34/ar43/ch1.html

1. Do I need to have the records certified?
 
2. If so, how do I do that?

3. Do you have any idea how to label anything as exhibits?

Soc,

My ex and I have joint legal & shared physical. I have one week prior to the school year until one week following & even year x-mas. She has anytime our child is out longer then a 3 day weekend & odd year x-mas.

I filed for sole medical decision making rights with enforcement of medications. I have several letters to the ex with concerns that she is not allowing our child his asthma meds as prescribed.

This summer was the first summer the child needed a refill on her time. She did not refill them. I tried to make arrangements  with my ex to get the child these meds.

The ex claimed she had no ins. Then she does. That she can not find a doctor willing to see child. That she refuses to give the child the meds that could kill him. Ordered me to see a specialist.  All of this 1 whole year after the diagnoses.

I took the child to a specialist. It is documented the child has EIA and needs the meds to include on the Mother's time.

I mailed my ex a certified letter in August stating the current treatment. I also did this in an email w/read notify. The label on the inhalers clearly state how much to give and how many times.

Child (age 11) went for Thanksgiving break, I did not get to talk to him while gone (only gone 4 days). However, upon return the child claims the ex only administered the mourning dose of meds.

This is the only co time between now and the court hearing in Feb. However, there is a reasonable visitation clause that allows her to visit upon notice.

1. Is there any action I need to/should take at this point since once again she did not administer the meds or should I simply wait until the hearing in Feb and bring this incident up then?

Soc,

I filed for the sole medical decision making rights, the enforcement for medication on the other parents' time and further clairification of the original order. One clairification was that we both must keep each other informed of our physical and mailing address and to notify of any changes.

The ex moved in 04 and refused to give me her address. Even after 2 request. She had been living with her grandparents prior to her move so she still got my mail from them. She had however provided me with her new telephone number, so I did a reverse lookup and got her addy.

I had the ex served with the motion I just filed alomost 2 weeks ago. My area allows first class service. Therefore it was sent first class and another was sent priority mail w/delivery confirmation.

My ex has told my son twice now on the phone they will be in the "new" house soon. She has also left several message to our child referring to the same.....infact just Sunday left him a message saying they would be in the new house this coming weekend.

When the Courts finally issue a court date they will send her notice Certified/return receipt (again thats the way my area does it, not sure if this is a state/area thing).

I was wondering....

What will happen if she does not get the notice of the hearing?

On the off chance she does notify me of her change of address, must I notify the Court?

Soc,

I finally have everything to move forward and file my motion. My original motion was simply for the enforcement of medication while son is with my ex as she refuses to give him his asthma meds.

I have all the medical records from the ped here and the specialist.

Some issues that have come to light are;

The ins. so I have it lined up to where if required I can obtain it at my work...therefore if that issue is addressed I will simply ask that a proper medical/support order be put in place. This is what made the ex have second thoughts of signing an agreement to resolve.

The new claim is that, my ex is having problems obtaining a doctor in her area. We live 10 hours apart and she has 10 weeks in the summer and when he has more then a 3 day weekend off of school. (However in 2002/2003 our son seen a doc there 2x each summer period.)

The ex claims that when she called the doc in my area they told her she did not know what she was talking about, she called to get a referal for a specialist. The medical records here do NOT show that she called for this reason only on another matter:

As for the medical records; I have the ones from the doc our son seen in the ex's area over 2002/2003. The records there do not indicate that our son was being treated for ADHD with meds in my area. They simply state to "try" this med, which was different then the meds he was on.
She told me she has it changed.

Then in 2004 told me that she took him in and her doc had never heard of the meds our son was on in my care. The medical records DO show that she did ask for the meds he is on here BUT that she only called their office and requested it by phone and that it had been a year since they had seen him and thats why they would not give it to him.

This above is why in my motion I am asking that the:

The Petitioner/Mother to be Ordered to administer any and all medications to the minor child as prescribed by a medical care provider during her Physical Custodial/Parenting and Visitations Times.

The Petitioner/Mother to be Ordered not to discontinue, alter or change any medications as prescribed by a medical care provider without the written approval of the prescribing medical care provider.


Then my ex sprung on me of a possible move on her part....she is not required to inform me per co..therefore the last time I had a heck of a time obtaining her address I would like to have that issue addressed with the enforcement motion so I am assuming this now has turned into a motion to to clarify and modify also....

When I filed for a clarification re transportation the judge commented as to how long my title was. I came up with the following but its rather???

AFFIDAVIT AND MOTION FOR MODIFICATION AND CLARIFICATION AND ENFORCEMENT OF PRESCRIBED MEDICATION DURING THE
                                PETITIONER'S PARENTING TIME.


1. Should I shorten the above in anyway at all or leave as is?

2. Is the fact now my ex is claiming she can not obtain a doc in her area going to hurt my case?
   
   a)What about the fact we live 10 hours apart, for what I am asking with regards to

      The Petitioner/Mother to be Ordered not to discontinue, alter or change any medications as prescribed by a medical care provider without the written approval of the prescribing medical care provider.

Soc,

Well the hearing went well on Wednesday and I received the Order today, my ex did not show therefore it was more like a defult win.

Although you may not remember the full details (I simply asked for equal access to medical records and doctor info)....as this all started back in April but you did help out so I want to think you for that.

As I stated in another post, I was unable to combine my next motion with the one heard on Wednesday due to time and not having the medical records available. Therefore, I am going to have to file another motion to enforce my ex to administer our child's asthma medication while in her care.

This medication issue has been on going since May 05........I have a few correspondences from my ex now admitting to not giving the meds. She did request a few weeks ago I take the child to a specialist which I did, so that will be satisfied prior to court.

1. I will be introducing correspondences sent to my ex with concerns about proper administering of his medication due to statements our child made.
    In my new affidavit/motion can I/should I use that on such and such dates my child indicated that he did not/was not taking his meds.

Dear Soc,

I really need to condense my files....I save all you responses to me so I don't have to come back and re ask later!!!!! Well I can't find this one, I know I asked.

I have a hearing coming up on the 6th regarding clarifications for exchange of medical information.

At my last hearing I did not use your advice BUT I am going to this time because the last became a free for all....

I am sure my ex is going to bring up issues thats not before the court, because it will be soon as I have already adviced her it will since she now refuses to compromise and reach an agreement regarding our child's asthma medication.

I am going to be unable to have a proper motion and the supporting medical records before this hearing on the 6th let along have the time to serve my ex, therefore another hearing will be required as soon as I get the medical records.

1. Anyway, when my ex starts to bring up these or other issues not supporting the motion before the Court at this time, what is the correct way to Object?

Soc,

My ex and I have a hearing Sep. 6 for clairfications. My ex lives 10hrs one way away so I am using that to my advantage to try to reach a settlement prior.

There are other issues that will need to go before the court within the next few months, as my ex knows this I am offering to settle those issues right now.  

I sent my ex a stipulated agreement that not only covers the issue before the court but these upcoming issues as well.....I offered to simultaneously ask to dismiss the hearing on the 6th as there would be no reason for a hearing if an agreement is reached.

Not for sure if this would work, but this is what I have drafted......

AFFIDAVIT AND  MOTION FOR DISMISSAL OF COURT HEARING ON     SEPTEMBER 6, 2006

Respondent, XXXX XXXX., in propria persona, hereby appears and moves that the Court dismiss the hearing scheduled for September 6, 2006 and to Adopt and Order the Stipulated Agreement between the parties.  

In support of the above motion, I, XXXX XXXX., after first being duly sworn, do hereby depose and say:

1. That I am Respondent in the above-entitled action, and if called upon, I could testify competently to the matters set forth herein, of my own personal knowledge.

2. That on June 2, 2006 I filed and Affidavit and Motion for Clarification of Current Orders.

3. That on June 6, 2006 the Court having read and considered said Affidavit and Motion set a hearing on the matter for the 6th day of September, 2006.

4. That the parties have reached a Stipulated Agreement regarding the Affidavit and Motion for Clarification of Current Orders filed on June 2, 2006. Copy Attached.

5. For all of the foregoing reasons, I, XXXX XXXX, respectfully ask that the Court dismiss the hearing scheduled for September 6, 2006 and to Adopt and Order the Stipulated Agreement between the parties.

By:____________________                                             ___________
Contact Info                                                                    Date




Subscribed and sworn to, before me, this _________ day of _____________, 2005


By; _________________________

NOTARY PUBLIC
My commission expires


1. Is that all I need to say in this motion?

2. Or do I need to file 2 separate motions?

3. Do I need to/rather should I still "serve" the other parent even though they have agreed and signed the stipulated agreement?

Soc,

I am Pro Se,

I have been trying to get medical information (Doctor' &  pharmacy contact info)from my ex since Sept 05. I had several correspondences from me to her asking for this info.  I had a few from her that only gave me limited info that I was unable to contact the correct medical provider and simply informed me that since she took care of my son's medical needs for the first 2.5 years of his life I did not respect her???

I filed a modification in April 06 and received and Order in May 06. But per the Medical part it only left further loopholes as it did not require either she nor I to provide the other with contact info for medical providers. However, I attempted one last time to request the info after this new Order to no avail therefore I filed a clairificaton motion in June 06 and received and Order for a hearing in August 06.

Something came to light BUT I still have not recevied all the info requested. During an atempt to contact my child (he resides with her during the summer) she aked me if I received her letter, I replied No. My ex claimed it had all the medical info, it must not have forwarded to my new address.  This took place AFTER she received the notice for the hearing, which I find kinda funny?

I emailed her at the end of June about my son's medication to which she replied and did supply me my son's primary medical care provider's name and number. However nothing with regards to the pharmacy information I requested and the correct optometrist info.

With her statement and the fact she did provide me the one contact I feel I may have to set up why I still feel I should still receive a clarification Order.

1. I still have not receive all the requested info.
2. I moved and served notice on my ex prior to the first filling, which contained my address not only in the content and on the envelope ibut n the big bold letter head.
3.  The first motion contained my new address (In my area all original motions are served on the opposing party/counsel  by the court via certified/return receipt then all responses, etc. the filer must serve on the opposing party/counsel). (This motion should have been reasonable enough to assume I received no "letter")
4. The modification Order issued 2 weeks later contained my new address.
5. I requested the info again following said Order via certified mail, I have to other correspondences  from me to my ex (regarding other co issues) sent via certified mail that all contain my new address via letter head and envelope. No response. (again this action should have been reasonable enough to assume I received no "letter")
6. Filed clairification motion beg. June which contained my new addy and my wife served this upon my ex. recived Order for hearing within the following week.

Although I can not conclude weather or not she mailed this "letter" or when. The fact is I still have not been notified of all information requested and again only provided limited info.

After a week following the filling of the first motion I received a call for the clerk asking is I "served" that motion on my ex. I stated no, because I was told that they did that. She stated that she could not find her (my ex's) copy then she found it as we were speaking, and stated she would get it out to her. This is why I had my wife serve her with the second motion, so there were no questions.

I would like to view my case file to make a copy of the return receipt on the first motion....Also to see if my ex has filed anything re. the upcoming hearing (have had problems with not being served too).

1. Am I allowed to view my case file and ask for copies?

I filed a motion for clarification on April 27th to which I received an Order signed May 9th, however the new order left new loopholes regarding exchange of medical info.


The problem is the ex refuses to disclose our child's medical care providers in her area....Upon your advice I sent the ex a request after receiving the new order in which I receive no response.


Therefore I filed another clarification motion on June 2nd to which there is no a hearing on Sept. 6th.

I called my son last Sunday and my ex answered and asked if her letter was forwarded to my new addy....to which I replied I have not received any letter, she then stated that it contained the medical info.

I think my ex's statement is false (although can't prove) because;

I sent her notice of my move April 18th via certified,
Filed the fist motion on April 27th, which the court served her a copy via certified and it contained my new addy
We received the new Order which contained my new addy

I sent her a letter via delivery confirmation on May 11th
I also sent her another request via delivery confirmation for the medical info on May 15th
I filed the new motion on June 2nd which she was served a copy by my wife via first class and delivery confirmation June 2nd which contained my new addy.

She was also served this a copy of this motion and notice of hearing via certified by the court last week that contained my new addy. Therefore enough red flags/notice of my new addy. Yet she only questioned the delivery of such letter after she receives notice of the hearing.

You see my ex will have to drive all the way here (well if she intends to show) which is a 10 hour drive one way for her...which brings me such joy.

1. Due to the fact that this info is important would it be wise to try and settle with the ex prior to court (IE: to have her inform me who the medical care providers are and to sign a stipulated agreement?

2. Could this be used against me in court if no agreement is made and we do in fact go to court?

I filed for a clarification on my new orders on June 2nd .........the new orders did not clearly state that either parent had to inform the other who the minor child's doctor's are in each parent's respective area nor the fact that both parents are entitled to talk to the doctors or request medical records....I filed for further clarifications because I believed contempt would have been a stretch.

 I was trying to set my case up for sole medical decision making rights....I have primary during the school year with joint legal. However, there is now a hearing set for September 6th I think that's too late to wait for this on going issue.

Going over medical records from 2002/2003 for my son while in his mom's care (she lives in another state) the records show that my son was not on any medication however he was in fact on medication for ADHD I simply wanted to show a pattern that she does not disclose medical info to his doctor in her area......At this time my son has EIA (exercised induced asthma) and is on an inhaler plus singulair (singulair since Sep. 05).

There has been repeated statements  from my child that the mother does not give him his medication on a daily basis as prescribed. I now have my son recorded twice stating this.....from the 4th, he stated he has skipped one pill that week he did infact have 2 small attacks that went away quick though; last Sunday  he stated that they are skipping them because he is doing well (he should have gotten a refill on the 9th)..

The medical records from her state show the child has not been in the office since 2003....The mother stated she was getting a new doctor by Feb. this year but has refused to tell me how it is, which is why I filed the clarifications, therefore I am unable to find out if my son has been to the doctor/gotten a refill.

I am assuming I may only be able to get an enforcement order for the medications which will be what I have to settle for. Monday, I will be talking with my son's primary medical  provider here and having him fill out an affidavit.......

I am assuming that I would be unable to use the medical records I have since there are ones I requested for personal use...

1. Would it be your advice not to wait and file a motion now...

2. If now should I file this motion as an emergency motion......or as an ex parte motion (some one mentioned that but not familiar with that term)

3. Should I subpoena the medical records from his last known doctor in her area?

 4. If so how does one do that?

Soc,

This is regarding Medication
My son is on ADHD meds and hs been for 4 years. He started to have problems in May of 2005 with exercise; breathing heavy,wheezing, coughing, etc. He was diagnosed with exercise induced asthma. He was given an inhaler to use 20 mins before exercise/heavy play.

He goes with his Mother during the summer (1 week after the school year until 1 week before the school year). That first summer he never used his inhaler my ex claims he had no problems.....my son age 10, states his Mother would not allow him to use it.

My ex has a history of not giving him his medication for the ADHD I do not complain about that because its not life threating.

Upon my son's return in August he continued to have problems with exercise and was given Singulair his mother failed to give him this medication also over Thanksgiving.

I did send her a letter simply explainning that there may have been a misunderstanding that this medication was given to treat son's asthma I stated in the letter everything the doctor had told me, and that the doctor would be willing to talk with her over the phone.

For Christmas my son states that he took it off/on either if she left in on the counter for him or when his 14 year old brother gave it to him.

My son has not been to the doc in her area for 2 years and with summer approaching I am sure that once the supply runs out (I send enough medications for the short visits then what ever I have left for the summer) she will not take him in for a refill or second opion to have the medication stoped.

I feel and the doc here feels this medication is necessary and her not giving our son this medication sets him up for an attack then she refuses to allow him to take his inhaler.

I am sure there is nothing I can do at this point other then to wait until his supply runs out and get in touch with the his doc there, should at that point I find out that she has not taken him in for an exam and refilled the medication or have not gotten an approved discontinuance of the medication...

1. What action can/should I then take?

Looking over this new order I think my fear may have came true.

My original order states word for word about transportation.

4. Transportation: The parties acknowledge that this arrangement may lead to considerable expense for transporting the child between residences. After careful consideration and discussion, the parties agree that transportation shall be the responsibility of the non-custodial parent.

This was our agreement signed, dated and ordered in 1998. What we have been following (as this is what we wanted and were told the clause above obligated us to do):

I have physical custody from one week before the school year until one week following the school year----which I am the Custodial Parent and the mother is the Non-Custodial Parent; the mother has physical custody anytime the child is out longer then a three day weekend---which she is the Custodial Parent and I am then the Non-Custodial Parent.
Visitation is I get even year Christmas Vacation she gets odd. And we both get reasonable visitation upon advanced notice.

EX: This springbreak is mom's she picks up on Friday since she is the NCP until she takes physical custody...Then after the visit I pick up since I am the NCP until I take physical custody.

It was to our understanding that if mom wanted to visit the child lets say this weekend she could but would be 100% responsible for transportation and cost per order since she is the non-custodial parent.
Then that is the same if I wanted visitation during the times she has physical custody.


This past August I went to court because I wanted to fly my son home after the summer period. The Mother refused to take him to the airport.
Here is that order:




                                          COURT ORDER
                                        November 8, 2005


           The parties appear for a hearing on the Respondent/Father's Emergency Affidavit for Order Clarifying Transportation and to Enforce Transportation Provisions filed July 5, 2005. The Petitioner/Mother, xxxxxxx xxxx, appears in person and without counsel. The Respondent/Father, xxxx xxxxx, appears in person and without counsel. The Court hears the evidence and testimony at a hearing on August 11, 2005. At the conclusion of the hearing, the court takes the matters under advisement.

         The Court having considered these matters and being duly advised in the premises, now finds as follows:

         1. That travel by air can be safe, if not safer, than travel by automobile.

         2. That special precautions must be taken with air travel involving a minor child unaccompanied by an adult.

        3. That pursuant to the present Order, when the child is transferred from one parent to the other, the parent receiving the child is responsible for transportation and expenses.

       4. That the Petitioner/Mother should not be obligated to transport the child by air when the child is being transported from Indiana to Mississippi. In that event, the Petitioner/Mother may certainly transport the child by automobile.  

      5. That when the child is being transported from Mississippi to Indiana, the Respondent/Father may arrange and pay for transportation by air for a direct flight for the child, and the Petitioner/Mother should see to it that the child is transported accordingly.

      6. That if no direct flight can be found from Jackson, Mississippi, to Evansville or to Indianapolis, Indiana, the Respondent/Father may arrange for a direct flight from Memphis to Evansville or Indianapolis and then be responsible for reimbursing the Petitioner/Mother for her reasonable driving expenses to and from the Memphis airport.

The court having considered these matters and being duly advised in the premises, now ORDERS, ADJUDGES, AND DECREES as follows:

1. CLARIFICATION OF TRANSPORTATION OBLIGATION:   The Respondent/Father's motion of July 5, 2005 is herby GRANTED. The Court Orders that the Respondent/Father , xxxx xxxxx, may arrange for and book a direct flight for the child, xxxxx xxxxx xxxxx, from Jackson, Mississippi to Evansville or to Indianapolis, Indiana, if such a direct flight is available. The Respondent/Father shall not book the child for a flight that involves a connecting flight or a layover.

           In the event a direct flight from Jackson, Mississippi to Evansville or to Indianapolis, Indiana is not available, the Respondent/Father may book a direct flight for the child from Memphis, Tennessee, to Evansville or to Indianapolis and then reimburse the Petitioner/Mother, for her reasonable travel expense to and from the Memphis airport. The Petitioner/Mother, xxxxxxx xxxx, shall cooperate with the Respondent/Father concerning air travel to return the child from Mississippi to Indiana and shall see to it that the child is transported accordingly.

          This Order shall be effective this 8th day of November, 2005


Now with this new order I am worried the judge may have changed the orginal order with the line: 3. That pursuant to the present Order, when the child is transferred from one parent to the other, the parent receiving the child is responsible for transportation and expenses.

This line is only true when we tranfer "physical custody" its not true when there is a "visitation".

1. What is you view on this does that line change the original order?

Soc,
I could not stay away for long. There are issues at hand that need to be dealt with. My current orders are very vague as to what obligation both myself and I have regarding most issues, communication, exchange of information etc. etc, in fact there are none.  Here is the order;

AGREEMENT CONCERNING CUSTODY AND VISITTATION
Comes no the parties hereto and herein submit to the Court the following agreement concerning the Custody and Visitation of their minor child.

1. Background: List all parties and child's name, dob's . S.S. number's and what state they will reside.

2. Legal custody: The parties herein agree that they will share joint legal custody of the minor child.

3. Physical Custody: The parties agree that they shall each share the physical custody of their child in the following manner:

Father: The father shall have physical custody of the minor child from 1 week prior to the school year
until 1 week following the school year.

Mother: The mother shall have physical custody of the minor child during times when the child is out of school for any period of time longer than a 3 day weekend.

4. Transportation: The parties acknowledge that this arrangement may lead to considerable expense for transporting the child between residences. After careful consideration and discussion, the parties agree that transportation shall be the responsibility of the non-custodial parent.

5. Support: The parties agree that any support obligation in this matter would be nearly equal.
Therefore, the parties have agreed that no direct support shall be paid from 1 parent to the other.

6. Visitation: The parties agree that the distance involved will make visitation difficult. The parties agree to any reasonable visitation upon advanced notice.

The Christmas vacation on even years will be spent with the father and the Christmas vacation on odd years will be spent with the mother.

7. Tax Exemption: The father shall be allowed to claim the child, xxxxx xxxxx xxxxx, as a dependant for tax purposes for the even years. The father agrees to execute any documents necessary for the mother to claim said child during the odd years.

The mother shall be allowed to claim the child, xxxxx xxxxx xxxxx, as a dependent for tax purposes for the odd years. The mother agrees to execute any documents necessary for the father to claim said child during the even years.

Both parties signed, ordered and dated by the court December 23, 1998.

**********************************************************

The main issue at hand that may open the door for a clarification/modification is as follows;

Upon my pick up of my son on August 9, 2005 my ex informed me that my son has glasses that he wears there and that's why she did not get the glasses I provided (he wore there) fixed.

( Child, age 10, states he wears bm's glasses and has never been to an eye doctor there like he does here)

On September 18, via email I asked her for the Optometrist's name and number that prescribed the glasses.

In response sent via email on October 1, my ex stated;

  "Hey the glasses are from Wal-Mart."

I sent another email to her on October 2, asking for the correct contact information to the Wal-Mart, as there are several in her immediate area.

No response, therefore I sent her a request via certified mail.

Upon checking/calling there are around 20+ Wal-Marts within 1 hour drive of my ex. I have called most of them, down to 4, plus 2 outside  Optometrist's that I have to call (these Wal-Marts use outside Optometrist's ) to say the least I am getting the same response, NO my child has not been seen there.

I am going to go off track please bare with me. At the last court hearing bm raised such an issue with me using certified mail. She stated the post office refuses to deliver certified items to her anymore because I send all correspondences that way.

The Judge, in away agreed with her. Stating that you have to sign for those, if your not home they leave a notice thus you have to go pick it up. He harped big time on email. He did state that he knew why I sent it that way; to make sure she got it. In around about way he stated he would accept email correspondences as evidence.

I called USPS they stated that certified mail is a service they offer that as a consumer I pay for and they will deliver it. There is NO limit how many you can send/receive, etc, etc.

BUT, I stepped down and  I converted to using email; explaining to my ex I would only use certified mail as a last resort. Wanting to resolve further hostility.

Today I got a response to my letter sent via certified after 18 days at the post office;

Now my ex is claiming she did not say that in court (transcripts anyone). That I am in return calling her a liar. That the issue is they refuse to put a notice of notice of attempted delivery card in her mail box or put any mail in her mail box. (How would she know that he was attempting to deliver a certified letter then?)

She stated in this response also that she will no longer accept certified mail from me. In response to that I know I can not force her. But I am going to at one last attempt send a request for this information from her using delivery confirmation; she will not have to sign for this.

I figure if the Judge will allow email, why wouldn't he accept delivery confirmation.

In this letter today, she still did not provide me with this information I requested. She stated ;
 
"The Optometrist I want xxxxx to see is Doctor xxxxx. He is who I see and will be glad to schedule an appointment to get a file started on xxxxx right away.  The thing with Wal-Mart is it was a quick fix to a small inconvience."

As you can see there needs to be more of a guidance as to what responsibilities both she and I have. These are not the only issue but just a taste. I know I can not file contempt with what I have now. But want to move forward and resolve all issues if that's what I can do.

1. Would this motion be a clarification to the current orders or a modification?

2. Do I summit with this motion these correspondences or wait and offer them in court?

3. Can I ask that all other issues be resolved then just simply communication and exchange of information?

4. If I can ask that all other issues be resolved; do I do so within the same motion?
      If so do I do this in the form of a affidavit filed with the motion or my testimony in court.

5. Any other advice would be greatly appreciated.

We have the order!

Son (age 10) can fly home from bm's. The only down fall is they have to be NS flights (and the judge put specific airports in the order). However, if there are none I can book him on NS flights from Memphis (3.5 miles from bm) and pay for bm's fuel cost to/from memphis.

You were concered about the NS fights being an issue; I guess I should have made my other offer clear to the courts kicking myself for that; I just could not believe the court would order bm to take my son that far to catch a flight....so thats why I did not mention it.

Anyway, A BIG THANKS for your help with the wording of my motions; your advice, etc.

In July I filed a motion to clarify and enforce transportation provisions with your help.

Current order:

4. Transportation: The parties acknowledge that this arrangement may lead to considerable expense for transporting the child between residences. After careful consideration and discussion, the parties agree that transportation shall be the responsibility of the non-custodial parent.

(there are times bm is considered cp (summer, t-giving, springbreak she is cp I am ncp) then there are time I am (1 week before school the school year until 1 week after I am cp she is ncp)

I wanted to fly my son (age10) home; bm said no. So I filed the motion, the judge ordered a hearing set for August 11 (2 days after my son was to reutun)

BM with her attorney filed a motion to apear by phone. With your help I filed a response.

Her motion was denied. I did not find out until at the court hearing; at the hearing the judge said he did so becasue they do not have a phone in the court room. He acted like he never even read my response.

There was no ruling 'because there was no longer an emergency" Come Monday it will be 60 days. I do know that in a custody case they have 90 days to make a ruling. I don't know if this would fall under that too since its still family law.

I am wondering whats taking so long (not that you know...lol); really I am just wondering if there was a ruling and I have just not been notified. Bm's attorney did not show; bm did; she (bm) stated she got the denial order (her motion to apear by phone) by mail; yet I still have not.

1. would it be improper to call and ask if there has been a decision?

Below is a sample form for guardianship I found online.

By brother & sister inlaw want to sign guardianship over to me and my husband.......this form is for temporary and we would like one for permanent. (I do understand that ultimately custody is not permanent----we want to excluded the part where it expires unless they go to court).

We also would like to file this with the Courts this form looks like its only a "power of attorney" sort of thing...........


AUTHORIZATION FOR TEMPORARY GUARDIANSHIP OF MINOR

Child
Full Legal Name: ____________________________________________________________
Date of Birth: _______________________ Age: ___________ Gender: ___________


Doctor's Information
Doctor's Name: __________________________________________________________
Doctor's Address: ____________________________________________________________
Doctor's Office Phone: ____________________ Doctor's Emergency Phone: __________________
Medical Insurer/Health Plan: __________________________ Policy #: ______________________
Allergies to Medications: ____________________________________________________________
Allergies (Other): ____________________________________________________________
If applicable, please note the conditions for which the child is currently receiving treatment:
____________________________________________________________
Note any other significant medical information:
_________________________________________________________________________________
_________________________________________________________________________________

Dentist's Information
Dentist's Name: ____________________________________________________________
Dentist's Address: __________________________________________________________________
Dentist's Office Phone: ____________________ Dentist's Emergency Phone: _________________
Dentist's Insurer/Health Plan: __________________________ Policy #:


Parent(s)/Legal Guardian(s):

Parent #1:
Name: ___________________________________________________________________________
Address: _________________________________________________________________________
Home phone: __________________________ Work phone: __________________________
Cell phone: ____________________________ Pager: _______________________________
Email: ________________________________
Additional Contact Information: _______________________________________________________
_________________________________________________________________________________

Parent #2:
Name: ___________________________________________________________________________
Address: _________________________________________________________________________
Home phone: __________________________ Work phone: __________________________
Cell phone: ____________________________ Pager: _______________________________
Email: ________________________________
Additional Contact Information: _______________________________________________________
_________________________________________________________________________________


Temporary Guardian(s):

Temporary Guardian #1:
Name: ___________________________________________________________________________
Address: _________________________________________________________________________
Home phone: __________________________ Work phone: __________________________
Cell phone: ____________________________ Pager: _______________________________
Email: ________________________________
Additional Contact Information: _______________________________________________________
_________________________________________________________________________________

Temporary Guardian #2:
Name: ___________________________________________________________________________
Address: _________________________________________________________________________
Home phone: __________________________ Work phone: __________________________
Cell phone: ____________________________ Pager: _______________________________
Email: ________________________________
Additional Contact Information: _______________________________________________________
_________________________________________________________________________________


Emergency Contact:
Name: ___________________________________________________________________________
Address: _________________________________________________________________________
Home phone: __________________________ Work phone: __________________________
Cell phone: ____________________________ Pager: _______________________________
Email: ________________________________
Additional Contact Information: _______________________________________________________
_________________________________________________________________________________


AUTHORIZATION AND CONSENT OF PARENT(S) OR LEGAL GUARDIAN(S)

1. I hereby declare that I have legal custody of the above named child.

2. I hereby grant my full permission and consent for the temporary guardian to establish a place of residence for my child, and for my child to reside and travel with said temporary guardian.

3. I hereby grant the temporary guardian my full authorization to make all decisions related to my child's educational, religious, and recreational activities and undertakings.

4. I hereby grant the temporary guardian my full authorization to administer general first aid treatment for any minor injuries or illnesses experienced by the minor. If the injury or illness is life threatening or in need of emergency treatment, I authorize the temporary guardian to summon any and all professional emergency personnel to attend, transport, and treat the participant and to issue consent for any X-ray, anesthetic, blood transfusion, medication, or other medical diagnosis, treatment, or hospital care deemed advisable by, and to be rendered under the general supervision of, any licensed physician, surgeon, dentist, hospital, or other medical professional or institution duly licensed to practice in the state in which such treatment is to occur.

5. This authorization is effective commencing on the ______day of ____________________, 20_____ and expiring on the ______day of ____________________, 20____.

6. For the duration that the temporary guardian cares for my child, the costs associated with my child's maintenance, living expenses, medical, and dental expenses shall be allocated and paid as follows: ____________________________________________________________.

7. In the event that more than one legal guardian exists, the use of the singular shall incorporate the plural. In the event that more than one temporary guardian is named, the use of the singular shall incorporate the plural.

Under penalty of perjury under the laws of the state of ______________________, I attest to the truthfulness, accuracy, and validity of the forgoing statement.


Parent 1's signature: ________________________________ Date: ____________________


Parent 2's signature: ________________________________ Date: ____________________


CONSENT OF TEMPORARY GUARDIAN

I hereby acknowledge the terms set forth above and agree to assume responsibility in accordance with those terms.
Under penalty of perjury under the laws of the state of ______________________, I attest to the truthfulness, accuracy, and validity of the forgoing statement.


Temporary Guardian 1's signature: ________________________________ Date: ____________________


Temporary Guardian 2's signature: ________________________________ Date: ____________________


CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC

STATE OF __________________
COUNTY OF ________________

This document was acknowledged before me on ______________________ [date] by ________________________________________________ [name of principal].

[Notary Seal, if any]:  
_______________________________
(Signature of Notarial Officer)

Notary Public for the State of ______________

My commission expires: __________________

My question is;

1. Is there anyway you could help me make this into more of a motion/consent so it looks more proper to file (if you have time that is.)
 

if you or anyone knows anything about the U.S. Postal Service?

 I send all correspondences through U.S. Post office certifed to ex:

Ex: testified that the post office REFUSES to deliver any certified mail because I flood her mail box with certified mail. They will not deliver her work materials now because of this.

(I do send 1 letter a month (at times 2) to my ex......during the summer I send 1 a week to my son.)

(None of these have ever came back.....my ex does refuse to go pick them up if a notice is left......8 miles from her home......I have to ask for them to be redelivered but they are)

Is there any reason (other then the a person refusing the mail, sign for) the U.S. States Post Office would refuse to deliver certified mail?

I, the Respondent, filed an Emergency Motion and Affidavit for Order Clarifying Transportation and to Enforce Transportation Provisions.

The court determined a hearing should be set and did so for August 11.

The Petitioner, Mother, with her attorney filed a motion for her (Mother) to be allowed to appear by telephone.

I filed a response to oppose the Petitioner's motion.

I have not received a response from the court re: her motion/my response. As my questions may be out of scope I understand if you are unable to answer/give a clear answer. However, I do thank you for your time.

These questions are referring to her motion to appear by phone/my response to that motion.

1. How long do "court" have to issue their response in these types of motion?

2. What happens if there is no response from the court?

3. If the answer to number 2 is along the lines she must appear in person what will happen is she does not but her attorney does?

    b) What happens if neither of them does?

4. Is there anyway her attorney could try to pull a continuance due to the short notice or no response from the court re: her motion.

    b) Is there anyway I can oppose/object to a continuance.



Again,
Thank You

Soc....

Wondering what we can file to compel (sp?) bm to take ss to the airport.
I think we would need to change the transportation arrangements too along with that.

As per co:

Transportation: The parties acknowledge that this arrangement may lead to considerable expense for transporting the child between residences. After careful consideration and discussion, the parties agree that transportation shall be the responsibility of the non-custodial parent.

........

BM lives 11 hours away....with gas prices-hotel it would be cheaper to fly ss home.......but bm will not take ss to the airport. Dh is more then willing to pay for her fuel.....

1.what can we file if anything that would allow dh fly ss home that would also order bm to take ss to the airport????

My friends ex-inlaws won Guardianship of her two children; here is how visitation is out lined.

16.  It is also in the children's best interest that they enjoy generous visitation with their mother. Therefore, the Court imposes the Indiana Parenting Time Guidelines in this case, with the addition of parenting time with xxxxxx for several hours each Saturday or Sunday the children do not have visitation with her according to the Guidelines. To the extent this visitation conflicts with the Natural Father's parenting time, his time is modified due to the fact he lives with the Petitioners and may see the children at all times they do not have parenting time with xxxxxx.  

The Indiana Parenting Time Guidelines state the following for summer vistation:

Extended Parenting Time (Child 5 and older)
One-half of the summer vacation. The time may be either consecutive or split into two (2) segments. The noncustodial parent shall give notice to the custodial parent of the selection by April 1 of each year. If such notice is not given, the custodial parent shall make the selection.
If a child attends year-round school, the periodic breaks should be divided equally between the parents.
If a child attends summer school, the parent exercising parenting time shall be responsible for the child's transportation to and attendance at school.
During any extended summer period of more than two (2) consecutive weeks with the non-custodial parent, the custodial parent shall have the benefit of the regular parenting time schedule set forth above, unless impracticable because of distance created by out of town vacations.
Similarly, during the summer period when the children are with the custodial parent for more than two (2) consecutive weeks, the non-custodial parent's regular parenting time continues, unless impracticable because of distance created by out of town vacations.


1. Is my friend still intitled to that extra Saturday or Sunday during her summer parenting time?

He was never married to the mother. On Birth Certificates but no court orders for paternaty, custody, visitation or cs.

State is Indiana.

He went to the court house to file for the above. He was told all he can do is file for the paternaty after that comes back the mother would be granted full custody.

Then he could file for Custody, Visitation, and cs.

The children (2) live with the mother she refuses to allow him to visit.

I have heard of filling paternaty/cs together. But the courts told him he could not do that.

1. How does this process work.

First thing there is no stipulations, etc. in the co re. providing address, phone number, exchange dates / times / places of physical custody.  

Here is dh's problem Thanksgiving bm informs dh she moved (the day before pick up dh is cp but mom get T-givings). But would not tell him her new physical address.

She wanted to meet him at an exit in the town x.

During their conversation at that time they got cut off, bm calls back and leaves a message that she has moved to town x and that dh must drive all the way there.

Dh refused to, he told her until she informs him in writing that she has moved an provides him with her address he will assume she still lives in town y. And thats where he will pick ss up at. BM did bring ss.

On December 31 dh mails her a letter re other stuff but adds that she still has not provided him with her addy. he will continue to assume she lives in town y as thats where he sends letters to her and they are accepted.

(bm lives/lived with her grandparents thats where dh continues to send her letters and they sign for her letters, bm signed for one in December)


Now I will be truthful but it may not matter, We do have bm's phone number she gave that to us about 6-8 months ago but at that time it was her bf's and she only stayed there on the weekends she explained that ss would be there for most of the summer with her but now she says she lives there.

I reversed that number and it is in the bf's name but its listed in town z. I asked for adivse from someone on a different board and they said not to send anything there until she does inform dh.

I called information and asked for the bf's number and that the number with the addy but again in town z.


The only issue is dh wants the address provided to him. We have a feeling bm will refuse to bring ss to town y come this spring break. We got advise from ss's therapist but he is not an attorney either. He simply stated he would not let ss go.


Dh really does not want to get into that kind of mess.

1. Could one say dh was informed she moved he has her number and can get her address on his own?

2. Would this be contempt?

3. What advise could you give?

This is the co:


STATE OF INDIANA                                            IN THE KNOX SUPERIOR COURT 1
COUNTY OF KNOX                                              CASE NO.

XXXXXXX XXXXX XXXX

V.
XXXX XXXXX XXXXX, XX


AGREEMENT CONCERNING CUSTODY AND VISITTATION
Comes no the parties hereto and herein submit to the Court the following agreement concerning the Custody and Visitation of their minor child.

1. Background: List all parties and child's name, dob's . S.S. number's and what state they will reside.

2. Legal custody: The parties herein agree that they will share joint legal custody of the minor child.

3. Physical Custody: The parties agree that they shall each share the physical custody of their child in the following manner:

Father: The father shall have physical custody of the minor child from 1 week prior to the school year
until 1 week following the school year.

Mother: The mother shall have physical custody of the minor child during times when the child is out of school for any period of time longer than a 3 day weekend.

4. Transportation: The parties acknowledge that this arrangement may lead to considerable expense for transporting the child between residences. After careful consideration and discussion, the parties agree that transportation shall be the responsibility of the non-custodial parent.

5. Support: The parties agree that any support obligation in this matter would be nearly equal.
Therefore, the parties have agreed that no direct support shall be paid from 1 parent to the other.

6. Visitation: The parties agree that the distance involved will make visitation difficult. The parties agree to any reasonable visitation upon advanced notice.

The Christmas vacation on even years will be spent with the father and the Christmas vacation on odd years will be spent with the mother.

7. Tax Exemption: The father shall be allowed to claim the child, xxxxx xxxxx xxxxx, as a dependant for tax purposes for the even years. The father agrees to execute any documents necessary for the mother to claim said child during the odd years.

The mother shall be allowed to claim the child, xxxxx xxxxx xxxxx, as a dependent for tax purposes for the odd years. The mother agrees to execute any documents necessary for the father to claim said child during the even years.

Both parties signed, ordered and dated by the court December 23, 1998.

***********************************************************

BM's GF died and she wants ss to attend, DH does not. SS is 9 and has a language developmental problem, dh thinks ss is still to young and not ready for this.

BM states there is a clause in the court order that she has rights to ss for a funeral and dh must hand him over or she will call the judge because we are refusing to give her ss as the co states, and we are ignoring her efferts to get ss (she has left these statements on my voicemail).

BM does live out of state (9 hours away).

1. If dh does not give her ss is he in contempt?