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Topics - WhatToDo

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Dear Socrateaser / Amending Child Support
« on: Mar 05, 2007, 02:33:56 PM »
I am the NCP. The beginning of January, my ex got CS modified. IT got raised by $100 a month. The judge said that the CS would be modified depending on visitation. However, my ex has not allowed me to see my daughter for many months so the judge said that since I wasn't exercising my visitation, she wouldn't lower the CS accordingly.

I am taking my ex to court for contempt and we have a court date in a couple weeks. We are asking for a parenting plan recommendation from a court appointed mediator/counselor.

1. If I get my visitation re-enforced, how long before I can petition to have child support modified?

2. Would I need to show proof of how often I have my daughter with me?

Dear Socrateaser / ex parte hearing
« on: Feb 07, 2007, 10:13:48 AM »
I am meeting with my lawyer tomorrow to schedule a contempt case against my ex. My ex is not allowing any of my court ordered visitation. I haven't had visitation since April. I saw my daughter once in November when I saw her at the mall. My daughter ran right to me and didn't let go of me the whole time my ex and I talked which was about 45 minutes.

I went to pick up my daughter last week but my ex once again stopped me. My daughter was inside asking to come out and see me. So it's obvious that she knows me and wants to see me. (she's almost 7 years old)

There was a contempt hearing scheduled in November that my ex never showed up to because she was not properly served (my ex lawyers fault). Now that I've moved within 10 miles from my daughter, I have a new lawyer and we're going to set up a new contempt hearing. (i use to live over 300 miles away from her) It will be a couple weeks, at least, before we can get a court date. I don't want this to drag on any longer than need be.

1. Would it be a good idea to ask for a ex parte hearing? Or would it not make a difference since it has been 9 months since I've had visitation?

2. Until the hearing, is there any steps I should be taking or do I just wait for the court date?

Dear Socrateaser / This doesn't seem right
« on: Feb 05, 2007, 09:12:12 AM »
In the beginning of November 2006, my ex threatened me into signing a stipulation. After I signed it, it was sent to the judge for him to sign. However, my lawyer objected to it being signed and told the judge this. The judge wrote my ex a letter saying that my lawyer objected to it being signed so he (the judge) was not going to sign the stip at that time.

Around the second week of January 2007, I contacted the clerk of courts office and found out that the stipulation had been signed by the judge, the last week of December. I contacted my lawyer who had no knowledge of it being signed. I recieved a copy of the signed stipulation in the middle of January but it was sent to me by my ex. This all seems a little fishy to me. (BTW, this judge is now retired.)

My ex seems to have known all along, the exact date the judge signed this.

1. Since the judge notified all parties that he wasn't going to sign the stipulation, shouldn't someone have been notified that he changed his mind for some reason?

2. Is there any way my ex could have forged the judge's signature and had it entered into the court files? (I ask because my ex has been convicted of fraud and forgery in the past)                                                                                                                                    

Dear Socrateaser / Does stipulation override CO?
« on: Feb 01, 2007, 01:39:13 PM »
This is what my court order says:(it was entered into court files in July 2005)

****IT IS STIPULATED that the defendant (me) shall have visitation rights with *daughter* pursuant to the South Dakota visitation guidelines, said visitation to be every other weekend from 8:00 a.m. to 5:00 p.m. on Saturday and 8:00 a.m. to
5:00 p.m. the following Sunday. No overnight visits shall be allowed. Defendant shall be responsible for transportation for the weekend visitations.

IT IS FURTHER STIPULATED that the defendant and plaintiff shall continue to share joint legal custody of *daughter.*

IT IS FURTHER STIPULATED that the defendant shall be allowed reasonable phone access to the minor child of the parties, and the parties are to keep each other advised as to the location of the minor child.

IT IS FURTHER STIPULATED that this stipulation shall remain in effect until further order of the court.*****

------The last week of December 2006, a stipulation was entered into the court files. This is what it says:

*****Defendent agrees to take *daughter* to therapy sessions once a week for 4 weeks with *therapist.*

DEFENDANT will pick up *daughter* from Plantiff house and take to therapy sessions.

DEFENDANT and Plaintiff will reevalute the custody order at the end of the 4 weeks.

I was under the impression that this all meant I would take my daughter to therapy AND I was still entitled to my EOW visitation.

1. Does this stipulation override the previous court order concerning my EOW visits?

2. If it does override it, do I no longer have joint custody as well?

Dear Socrateaser / Can my ex change daughters name?
« on: Jan 19, 2007, 06:47:00 AM »
When my daughter was born, my ex and I were not married. We gave my daughter my last name. It has been that way for 6 years. A couple weeks ago I had a CS hearing. I received the papers from that hearing yesterday. On the papers, my daughters name now has my ex's last name.

My ex and I have joint legal custody and my ex has physical custody.

1. Can my ex change my daughter's last name without my knowledge?

2. How can I find out if and when this was done?

Dear Socrateaser / Going for contempt without a lawyer
« on: Jan 03, 2007, 02:22:07 PM »
This is all in South Dakota and THANk YOU in advance!

I was thinking about taking my ex to court for contempt without a lawyer. I just got my child support raised by $110 and really can't afford to hire a lawyer at this time. There is a custody order in place that has not been followed since April 2006.

It is court ordered that I am can see my daughter every other weekend and everything else is according to the state visitation guidelines. I have never received a holiday or a summer or any vacations with her

At the time the order was put into place, I lived 300 miles away and couldn't afford to make the trip to see my daughter every other week so my ex let me see my daughter the times I could come to see her.

Then, in April, my ex cut off all visitation. I still lived 300 miles away. I tried a few times to set up visitation and called several times. She wouldn't allow anything.

I moved within 10 miles of my daughter in August 2006. We had a contempt hearing in November but my ex never showed because she was never officially served with the papers. The venue had not been changed so the hearing was in my old town 300 miles away. Another date was set but then it got postponed. I cannot afford to pay my lawyer and I am going to have a change of venue made as soon as possible.

1. What, exactly, happens in a contempt hearing?

2. Would it be hard for me to succeed without a lawyer, for this first contempt hearing, in your opinion?

Dear Socrateaser / Not allowing visitation
« on: Nov 22, 2006, 07:14:02 AM »
I have a 6 year old daughter. The mother has not allowed me visitation since April. Last weekend, I ran into BM and my daughter at the mall. I got to hold my daughter and talk to her a little. THe whole time I was holding my daughter, BM was badmouthing me. SAying how bad of a father I was, etc...

About 2 weeks ago, I had a contempt hearing set but BM never showed up because she was never officially served any papers. But BM DID know about the hearing. Anyway, the hearing was continued until the first week of December. She has been served papers for this hearing.

Even after knowing that I'm taking her to court for contempt, she still denies me any visitation. In fact she told me, when I saw her at the mall, that me taking her to court is just prolonging the time until I see my daughter again. I talked to my ex yesterda and asked to talk to my daughter but again she denied me that right as well.

I sent my ex a Letter of Intent to Exercise my Visitation. (I sent a copy to the clerk of courts) BM is supposed to notify me by Monday if I get to see my daughter or not. I'm pretty sure she will not show up on the dates I have given since she says I don't get any visitation anymore.

1. In court, can I bring up the fact that she was badmouthing me in front of my daughter? Or will this just be "he said, she said" and I shouldn't even waste my breath saying anything?

2. In your opinion, does BM look worse because even after finding out I was holding her in contempt, she STILL denies visitation?

Dear Socrateaser / couple of questions
« on: Nov 16, 2006, 10:42:59 AM »
Hi Soc! THank you for all the help you have given me! I have a couple more questions:

I have recently moved 300 miles from my previous residence. We have not had a change of venue YET. We are going to after our next hearing which is the first week of December. This hearing will be in my old residence and the hearing in DEcember will take place there as well. My atty is located in my last place of residence and my ex has said she has new representation in her new residence. (same town as I now live in)

We had a contempt hearing about a week ago and my ex didn't show up. (found out she was never served with the papers but she DID know about the hearing) My ex's atty, told mine that my ex had told him that she had representation in her new residence so he would not be representing her in our contempt hearing.

My atty. was contacted by another lawyer in town who said my ex had contaced him about the case but he was not going to represent her either. A 3rd attorney said the same thing. So when we went to court, my ex was not there and 3 lawyers saying they would NOT represent her, were there. It was obvious that my ex DID know about the hearing. (her last lawyer said he notified her of the hearing)

Her, supposed, new lawyer never contacted my lawyer concerning our hearing.

1. Why didn't she get in trouble for not attending the last hearing? Was it just because she wasn't served any papers?

2. Since she says she has a new attorney at her new residence, shouldn't this atty, have notified my atty?

Dear Socrateaser / Evidentiary hearing
« on: Nov 01, 2006, 07:25:45 AM »
This case is in South Dakota.

My ex has been denying my court ordered visitation with my daughter for quite sometime now. I have been working with my atty to get a court date to try to show she is in contempt. I found out yesterday that we have an evidentiary hearing set for November 8th.

1. WHat can I expect/what could happen at this hearing?

2. I know my ex will try to get this hearing pushed back if possible. Is there a way she can get the hearing postponed?

Thank you again for your help!

Dear Socrateaser / psych eval
« on: Oct 16, 2006, 07:54:30 AM »
Hi Soc! Hope your day is going good!

I have joint- custody of my 6 year old daughter. 2 1/2 years ago my ex went to federal prison for 15 months. A psych evaluation was done on my ex and the results were brought out in her hearing. I now have the court records of everything that was said that day in court about what her Psych Evaluation said about her. When my ex and I go to court over custody:

1. Can I try to use these documents against her?

2. Will they be much use since it was 2 1/2 years ago when the evaluation was done?

Thank you!

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