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Topics - kevkermit

#1
CPS said that my ex has a tape recording of my daughter saying that mom has a plan when when I am 15 and I dont want to go along with it.
  Sounds as if he is tyring to make it out like I set daughter up to saying the stuff about the camera.  

Talked with daughter about it and she said that she did say one time when she was mad at them that she was fed up and she wasn't going back over there and that mom said she could talk to the court about her being around the age of my cousin when dad went to jail.  

I do remember having a conversation with my current husband one time when I was discussing with him my concerns about my daugher growing up, maturing, basically turning into a woman and how I was concerned as my ex has been in trouble (convicted of CSC 3rd degree) in the past and his wife was quite young when they got together.  Not only that but also discussed how I should have presented this information to the court so something could be done about it at the original time of divorce.  Kids overheard conversation and asked about it and I just explained that I was concerned as daugher is growing up, not that their dad would do anything but I do have concerns and want toi protect my children.  Explained to the kids to always protect themselves and don't be afraid to talk to anyone if there is concerns as I and the courts will do what is necessary to protect them.  

Concerned as to how this tape can affect us or if it will be a problem.  I NEVER ever had a plan to do anything and I think he is trying to make it look like I set my daughter up to this whole camera scheme which I had nothing to do with.  I don't want to get into trouble or be made out to be the bad guy here, I think the information my daughter presented to them when she was angry with them was misconstrued.  Besides which, the kids both said they didn't know they were being taped either.

1.  CPS can't do anything as there is no evidence but I still have to protect my daughter, what can I do?

2.  Regarding the tape, what are your thoughts on the tape?  

3.  Can the tape be used for anything regarding this matter?  (I think Michigan is a 2 party state)

4.  If so, what should we do in regards to the tape?

5.  Any other thoughts, suggestions, ideas.  

#2
Daughter come home friday claiming she found a camera in the bathroom at the ncp's house after she got out of the shower.  She turned the camera and shut the curtain that it was peaking out of.  She said that she went to show her brother the camera when the ncp immediately said he needed to use the bathroom.  When she went back in to show her brother the camera it was gone.  This was Monday a week ago.  Kids are with the ncp during 1st half of summer so she didn't get a chance to tell me until Friday.  We immediately contacted the police.  they do an investigation and search but do not come up with any proof.  The detective informs me that it doesn't necessarily mean that it didn't happen just there is no proof to do anything further.  Being that it had been a week and my daughter moved the camera the person who planted the camera knew they were busted and probably got rid of it.  

My 15 yr old daughter and 16 yr old son do not want to go back to that home.  They were supposed to go back Sunday night but refused to and I didn't force them as the investigation was going on and the deputy told us not to tell the ncp what was going on.  My ex has a previous conviction of CSC 3rd degree with a 15 yr old.  I am very worried for my children and I believe my daughter 100%.  

1)  What can I do to protect my children from that environment?
2)  15 yr old and 16 yr old are stating they do not want to go back and I cannot physically pick them up and make them, how do I handle that?
3)  Any suggestions helpful.

Thanks in advance.
#3
16 yr old son had STAR program yesterday.

When son notified me about the program and explained he needed to deal with his dad on it because it fell during his time.  ( I have been told numerous times to take myself out of the equation with out son being 16 and allow him to deal with dad)

Son talked with his dad about program 3 weeks ago and dad told him he could attend the program.

Son attended program yesterday and the teacher informed him that his dad had called and said he would not be attending the program.  Not only that but dad drove right past the school after picking up our daughter knowing that is where our son was at for the program and could have easily stopped and picked him up if the visitation was that big of a deal and he wasn't playing games.

I then called my ex and he claims he never told our son he could attend however both my children claim that he did.  

Have an order which specifies kids can be in extracurriculars and ex gets make up time on his alternate Sunday till 8:00

I feel ex is going to file contempt because our son attended his star program.

1) Is it likely that I will be at fault for this?

2) Is it reasonable to allow 16 yr old to deal with dad on the issues that interfere with his parenting time?

3) If son and his dad make an agreement how is the best way to handle that so that ex can't change his story and try and hold me in contempt after agreeing to something with our son?

Thanks in advance
#4
Dear Socrateaser / Visitation issues
Mar 08, 2006, 10:28:41 AM
Kids are 16 and 15.

NCP doesn't want the children to participate in anything including football and basketball.  School dances, you name it if it falls during his parenting time.  

Tried to work out a change for court order but the only change he is agreeing with is if the order specifies that both parties must agree upon extracurriculars in order for them to participate.

It is getting to a point where the children are going to down right refuse to visit because the ncp will not allow them to do any of the extracurriculars that they want to particpate in.

Even included in our discussion that 16 yr old is interested in working part time job and the ncp is not willing to take children to work if they have to work during his time that he would rather give up his parenting time and request make up time than take son to work.  I thought this was part of parenting.

1.  If children down right refuse to visit is it likely CP will be held in contempt (children are 16 and 15)

2.  If taken to court and can prove thorugh letters than ncp has refused to allow chidlren to participate in football and basketball and other activities or given me a very hard time over them.  Is it likely that the court will order the ncp to be responsible for taking the chidren to their activities during his parenting time?

3.  Regarding part time job, is it likely a court would order the ncp to be resonsible to get our son to his part time job duirng his parenting time or just allow him to miss his visits because of hsi job and get make up time?

Thanks
#5
2001 my ex requested reduction in child support claiming that he lost his job due to an automobile accident and he could not perform his job duties the day following the accident so he was let go.

The judge requested medical documentation that he could not perform his job duties and proof that the ex filed for lost wages and the hearing was adjourned.  When we returned to court the request was denied for failure to meet the burden of proof.

5 months later ex requested review child support with the court referee which he is entitled to every two years here in Michigan.  I explained what had happened 5 months earlier with the judge and the referee dismissed the review.  

Here is it 3 years later and ex is requesting reduction in child support again and to be allowed to claim our children for tax purposes as there was no order regarding this when we divorced.

According to the Friend Of The Court here in Michigan they generally allow the ncp to claim the children every other year or if there are two children they have the parents share the exemptions.

My income is 3 times higher than the ncp's.  The ncp is only making $6.00 per hour.  I make anywhere from 16-20 per hour.  I have always provided the health insurance as it is free through my place of employment.  

1)  What might I be able to use to convince the referee of the court to allow me the custodial parent to claim the exemptions every year?

2) If the referee of the court gives the ncp the exemption every other year, do you feel I would have a good shot objecting and taking the matter to the judge?

3) Any suggestions appreciated.  

Thank you
#6
Dear Socrateaser / Quick question
Dec 17, 2005, 09:00:32 AM
I am the Custodial Parent.  Have claimed the kids every year on taxes except one time signed so that ex could claim the kids.

My ex is requesting court allow him to claim the kids on taxes because he has been paing child support since the time of divorce and hasn't been able to claim them.  

Is it likely he will be able to claim them?  

How do they determine something like that?
#7
Dear Socrateaser / Looking for suggestions
Dec 14, 2005, 05:48:21 PM
Our children have not been able to attend extracurricular activities such as sports because my ex will not assist in the transportation of the children on his days of visitation.  During his portion of summer visit son wanted to participate in football practices and he refused to allow it unless I drove wherever they were camping in the state of Michigan to pick son up, take him to practice and then return son to him after practice.  Same with daughters basketball practices over the summer.  Neither child played sports this year.

I have requested assistance with transportation to and from the course on the days that interfere with visitation.

I have also offered several different alternatives in order to accommodate for any make-up time for my ex.

Ex has refused to allow the our kids to attend any extracurricular activities such as the driver's education program unless Plaintiff provides transportation completely. (which I did provide all transportation to and from in addition to dropping our son off at my ex's after drivers ed so that his entire visit wasn't forfeited, as drivers ed is over now).

Our son will be turning sixteen years old in January (??) and has expressed wishes to obtain a part-time job which may pose problems with parenting time in future.

In addition to this, my ex had 16 yr old son and 14 yr old daughter sleeping on bedroom floor with 35 yr old disabled woman and another 16 yr old girl.  Since mentioned this he is now taking our children to his parents house on his overnights, dropping them off there, picking them up sometimes for few hours then dropping them back off at his parents house to sleep.  Daughter is sleeping on couch and son is sleeping in bedroom.  He isn't staying with them.  (I DO get along with his parents, but he is dropping them off there every overnight visit so they have a place to sleep as they can't sleep at his house apparently)


1) Do you feel these are all legitimate grounds to request modification of parenting time?

2) Regarding my ex taking the kids to his parents house to sleep, do you have any suggestions as to how I can address this matter as I believe that the kids can stay at home and sleep just as well as at their grandparents every other weekend and the defendant could pick them up from my home.  (I don't have a problem with his parents, as they have called me on numerous occasions to see the kids)

3) Any suggestions as to how I might address these matters in a motion?

Thanks for your input.  I greatly appreciate it.
#8
My attorney filed ex parte referring our case to the Friend Of The Court for review and recommendation regarding parenting time.

--regarding transportation/participation in extracurricular activities
--our son and daughter sleeping in same room on floor with two other girls.  (since filed motion ncp has had children sleeping at his parents house every overnight visit)
--visitation when our children have a work schedule as son is going to be 16 in January.

Ex Parte was signed and meeting was scheduled with the Friend Of The Court.

Today the Friend Of The Court called and said the meeting was cancelled as the ncp filed an objection to the ex parte

1.  What is the procedure for this?

2.  Will an objection to our case being referred to the FOC for review and recommendation regarding parenting time issues make the ncp look unreasonable?  We have sent numerous letters to ncp requestion he meet with me/attorney to try and work this matter out without having to involve the courts with no cooperation on his end.

If you have any suggestions would greatly appreciate it.

Thanks in advance.
#9
Dear Socrateaser / Help
Nov 05, 2005, 10:03:03 AM
I hired an attorney to deal with problems having with ncp being so difficult when it comes to extracurricular activities.  Attorney explained had to get judge to refer us to the FOC.

 Today I receive paperwork from FOC stating:  It is my understanding that you and the other parent are unable to agree as to parenting time arrangement and an orer for referral has been made.  It is my job to complete an investigation and make a recommendation regarding parenting time if parents are unable to resolve this issue.  Please find enclose a parent questionnaire and authorization for release of information form.  I have scheduled meeting for Thurs November 17 so that I can explain the investigative process and offer alternatives for resolution of the parenting issues.

1) What does investigation entail?
2) Is this the norm?  
3) My attorney said this would be the best way to handle parenting time issues as judge would more than likely refer us to the foc for a referral anyway, Is this the norm?

Thanks for the input

#10
I am seeking input on what I can include in parenting plan so that our children can attend sports and other social activities without the ncp causing problems and not allowing the children to participate.

Current order states:  that the cp can enroll children in extracurricular activities and ncp is urged to participate.  If extracurriculars interfere with ncp's time makeup time is allowed on the alternate sundays not to extend beyond 8:00pm.

Anytime that ncp seems to want to agree on something, the ncp insists on having the children until 9:30pm on the alternate Sundays which I have agreed to 9:00 pm but I feel I shouldn't have to keep giving into the ncp's every demand.  School nights I feel 9:00pm is late enough.

ncp is making things very difficult and totally denied our children the opportunity to particpate in football and basketball this year.  


Please offer suggestions as to what I might be able to get included in order.

Thanks in advance.
#11
Does anyone know how the courts determine who gets to claim the kids for tax purposes? Do they look at the incomes of the parents.

I have physical custody and my ex gets every other weekend and 5 1/2 weeks in summer parenting time.

He makes $6.00 per hour and I make $18.00/hr. He lives with his wife's mother. Wife doesn't work as far as I know.

My husband makes $18.00 per hour. Our income is much higher than his. I provide all medical/dental/optical insurance.

Just curious how that works.
#12
Visitation Issues / PAS
Mar 07, 2006, 02:45:27 PM
Just wondering what others think.

I realize there are many Custodial parents out there that do this to their children but what about Non custodial parents?

Just curious on how others see this.
#13
Visitation Issues / Objection filed
Nov 21, 2005, 11:15:10 AM
Anyone familiar with objection hearings?

My attorney filed ex parte referring our case to the Friend Of The Court for review and recommendation regarding parenting time.

Ex Parte was signed and meeting was scheduled with the Friend Of The Court.

Today the Friend Of The Court called and said the meeting was cancelled as the ncp filed an objection to the ex parte

Is anyone familiar with this?
#14
Visitation Issues / Friend Of Court Investigation
Nov 05, 2005, 09:55:04 AM
Hi,

Does anyone know what a FOC investigation entails?  Requested FOC help with parenting time issues and more specific order.
#15
Visitation Issues / Looking for advice
Oct 08, 2005, 09:04:36 PM
I am seeking input on what I can include in parenting plan so that our children can attend sports and other social activities without the ncp causing problems and not allowing the children to participate.

Current order states: that the cp can enroll children in extracurricular activities and ncp is urged to participate. If extracurriculars interfere with ncp's time makeup time is allowed on the alternate sundays not to extend beyond 8:00pm.

Anytime that ncp seems to want to agree on something, the ncp insists on having the children until 9:30pm on the alternate Sundays which I have agreed to 9:00 pm but I feel I shouldn't have to keep giving into the ncp's every demand. School nights I feel 9:00pm is late enough.

ncp is making things very difficult and totally denied our children the opportunity to particpate in football and basketball this year.


Please offer suggestions as to what I might be able to get included in order.

Thanks in advance.