Menu

Show posts

This section allows you to view all posts made by this member. Note that you can only see posts made in areas you currently have access to.

Show posts Menu

Topics - elaine60

#1
Dear Socrateaser / Can you show intent?
Mar 27, 2009, 10:27:37 AM
My DH will be going to court in June. His attorney filed rule to show cause for contempt of court against his daughter's mother for visitation. Dh has not had the court ordered visitation since July of last year.
<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /><o:p></o:p>
Dh has joint legal custody with mother, with mother being primary caregiver and father to have schedule visitation from Thursday through Sunday of every other week and one day on the week he does not have weekend visitation. He also is supposed to receive every other holiday and 6 weeks in the summer.
<o:p></o:p>
Mom is stating that daughter does not want to have parenting time with dad in his home. Mom also claims that dad and stepmother are mentally abusive to daughter with absolutely no proof of any abuse.
<o:p></o:p>
Mom has been causing nothing but chaos since the beginning of 2005. This is the second time he has file contempt against her for visitation interference. He could of filed for so many other things its uncanny. The first instance of contempt was settled in Dh attorney chambers with DH, mom and both attorneys' present. <o:p></o:p>
<o:p></o:p>
Just recently with acquiring his daughter school records there are more items of evidence to prove that mom has done nothing to encourage any involvement for dad with his child.<o:p></o:p>
<o:p></o:p>
My questions is can a person go back in time with evidence to show the intentions of the mother to remove the father's access from the child's life?<o:p></o:p>
#2
Father filed rule to show cause against mother for visitation contempt.
Not the first time. First time was settled in attorney's chambers with father winning. 
Mother is claiming that daughter is refusing to have visitation with father.
Yet daughter is having to ask mother when daughter wants to go with father.
Daughter is 15 and does everything her mother asks her to, even denying her own father or calling him bad names, saying she hates him, etc.

Father has proof that mother has been instigating this for years. Mother's attorney has brought up items from 4 years ago.

Father's attorney states that if it not current it does not matter.

Father and stepmother feel that the past occurences will go to show mother's intent of removing father from daughter's life.

Father and mother have joint legal custody.   Mother does not make father aware of anything of importance.

Daughter was evaluated and accessed as learning disabled. Daughter has yearly meeting to discuss schools plans on helping daughter. Father just found out by attorney acquiring all of daughter's school records.

Mother has a relative of her husband's listed as daughter's legal guardian, also in daugher's school records. Father never had knowledge.

Mother took daughter to doctor and had her put on birth control. Did not tell father she was doing so. 

Mother moved and father did not know until daughter called and told him not to come to old house to pick her up.

What would you use in court and what is admissable?
#3
How do they figure support on a teenager if they are allowed to pick there own schedule for parenting time.  This is very foreign to me because up until my kids were 18 they had a set visitation schedule and I respected my ex enough to make sure that they either stuck to it or gave make up time. We were able to work around there schedule for school activities and holiday visitation time was a must.

Now things I guess are different, now teens get to make the decisions or so they say, we have yet to see. But if they do allow this how in the world can they give the noncustodial parent a credit if they do not know how many days?
#4
Visitation Issues / Restricting visits
Nov 14, 2008, 11:41:18 AM
We are pretty sure that DH daughter will be talking to the judge in chambers concerning the
modification of parenting time. With some of the things that have been said I am wondering if his daughter will suggest to the judge that she will have visitation with her dad at our home if I am not present. Has anyone ever heard of this before.

DH said there is no way that they would ask for that since there is no abuse. He said I could never imagine a judge ordering that.

What do you think?
#5
I filed against my ex for contempt for not facilitating visitation and my ex filed for modification of parenting time. Will we actually have a hearing or how do these cases usually work?
#6
Could someone possibly tell me when they came up with the idea that when a child becomes a teen that they have the decision of whether or not they want to be parented by both parents. I have been told on several different forums that in the state of Indiana, judges are now allowing minors to decide whether or not they want both parents involved in there lives. I was also told they are basing these decisions on just what the teen has to say. No background research, no testimony, no nothing, just the word of the teenager.

It makes you wonder sometimes what the heck is going on.  If a parent stops supporting a child then they are called a deadbeat. What are children and ex's called that refuse to allow one of the parents there right to parent?

If I child literally disowns you because you have there best interests at heart and they don't agree with your rules why is it a judges place to decide whether or not you are allowed to see the child.  Does the judge want to pay the child support for a child who deny's a parents existance.

I think its time that the tactics of our judicial system is more and more questions when it comes to decisions about families.