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Messages - FL_48603

Pages: 12 3 ... 6
1
California State Forum / RE: Restraining order
« on: Mar 06, 2006, 04:54:59 PM »
>>a court grants temp custody to my ex because of a restraining order  and she moves court alowed the move also. I won the restraining order case but the court has alowed the move to happen. Is there anything i can do ? I filed a custody parenting plan already so am i going the right way on doing this<<

Good that you prevailed in the TRO - but it is as much a smoke screen as it is a danger to you and your parental rights.  In other words - it gets thrown in so you are so busy fighting the restraining order that you neglect the main body of points raised in the motion.

Now the restraining order is out of the way - you need to address the moving of your child.

You should fight like the devil is on your back to keep the BM from being designated the custodial parent and you should fight the moving of the child out of the child's home.

The best you might start out with is demanding 50/50 custody in mediation and don't stand down off the point demanding 50/50 with stipulated "time-share" with the child equally and justly devided between the partys.

BM will try to argue that she needs to be the custodial parent because of social services, medical, etc.

Fight this on the grounds that it is in the best interest of the child to maintain the constancy and attachments already established in your home and in the child's environment with you.

You should address the moving of the child in your motion before the court (or your reponse to the opposing party's motion).

2
California State Forum / CHILD ABDUCTION!?!
« on: Jul 02, 2005, 10:25:06 AM »
My ex took off with my child yesterday. My ex took my child out of state and caused me to miss my custodial time with my child. This breaks about 3 different points in our order, and my attorney had wrriten a letter to their attorney pointing out that the time they were fighting for was in violation.

Because my ex has abducted my child in the past so as to relocate them as leverage in their case, I asked the local police to file a report.

After sufficiently grilling me (in case you have yet to guess, I am the non-cusotdial Dad) and overscrutinizing my court order (which I keep on hand like my license, registration and proof of insurance), the cop told me he would take the order back and scrutinize it some more, then call me letting me know his thoughts.

He did call me explaining that he and his superior wanted to know if I wanted the report sent to the DA for criminal charges.

What does this mean to me? Will they take my ex to jail, and should I allow this?

Please advise

3
California State Forum / RE: Support, Discovery, Objection?
« on: Feb 23, 2005, 01:20:16 AM »
Thank you for responding to my post.  It's been pretty hard on me - the realization that no matter how bad it's been on the kid, any time I as the Non-Custodial Parent (and, *gasp* f a t h e r...) request the judge look at issues of the child's health and welfare, my ex-wife can just cluck her teeth, roll her eyes and say: "I know you are, but what am I", and the entire city is marching up my front walk with pitch-firks and lit torches.

>>We had to dig out things from 7 years ago. Our case was for custody and visitation issues and the BM's attorney made it all about money!<<

Yeah, well my daughter was hit by the mother (although there is a no spanking clause in our order) and injured the child's wrist... there was also the time shortly thereafter that the child sustained an odd break to the same wrist (and rather than taking my daughter to the doctor like she said she would) - the child ends up hidden at grandma's house for 6 days). Let me reiterate that this is a 7 year old little girl who was cloistered at her gandmother's trailor in the local "hills" for 6 days while she suffered with a broken wrist.  Then there were the eight cavities, two root canals and one molar extraction (I discover mom took the child to the dentist once in seven years, while revoking my parental rights in 1999, 2001, and then again in 2003 - thus interfering with my ability to take my daughter in for treatment).

On the three ocassions I did try to take my daughter to the doctor and dentist in 2001 - 2003, I was admonished with the reminder that I did not enjoy the "right" and privllege of taking my daughter to the doctor and / or dentist and then threatened with a restraining order.

And so it goes, there are the issues of the "hen-parties" during which my daughter was exposed to countless slurs against dad, including the "programming" of the child with the fear that the Christian church I take her to on Sundays is a CULT.

So, after about 3 years of this type of "father-hate" I motion the court to examine if a little extra time with dad might not be in order (with mom stating so proudly how she hs completed her undergraduate work in "record time" - now we know where the money for dental care went) and just until she completes her studies - AND I STATE THAT IT WAS MY WISHES TO LEAVE CHILD SUPPORT WHERE IT'S AT AND NOT MODIFY IT TO SUITE MY ADDITIONAL TIME...

Next thing, and before we even have a chance to extablish whose going to have how much time with the child... opposing party motions for attorney fees and child support modification.

I mean it's like I just got rear-ended, but the person  who ploughed into the back of my car - before our insurance companies have corresponded - is asking me to inventory how able I am to pay for their whip lash... if when they go to their doctor they end up having it... (wink, wink,).

>>BM and her attorney didnt give us anything that we had asked for in our production of documents. We asked for things like CPS reports, complete school records, criminal histories, pay stubs and tax returns and many many other things. Some of these things we actually already had but we wanted to see how truthful BM and her attorney would be. Well we got nothing we asked for and actually used that in court to prove that she is not trust worthy. When confronted on the stand with solid documents she continued to change her story and told several
more lies about EVERYTHING! All of her wittnesses had a diffrent story than she did and you can imagine that the judge was not happy.<<

Thank you!  I just had an epiohany and now know what they are after and what to do to counter them!

>>We on the other hand provided EVERYTHING they asked us for in
the Interogs and production of documents. And all DH's wittnesses had pretty similar stories because we were obviously telling the truth!<<

Yeah, well my lawyer is burning out becasue she didn't know what lovely people we were dealing with when we got started.

No doubt she thought that "it can't be ALL THAT BAD" and "these must be reasonable people who will do THE RIGHT THING when faced with it"

NO - she gets FREE LEGAL SERVICES and they have jacked my bill up to $11,000.00 - and we haven't even been to the hevidenciary hearing yet.

Now, If I motion that I think we have a case for contempt, I get the dull stare and the "do you know how much you are in this with me for" look.

Just today I had the dentist telling me that the mother of my child had convinced them that only she and never I was able to access my daughter's vital records.  I mena here is the guy that I took the child to and set up the dental plan with AND NOW he's looking over his glasses at me with the "what can I do - my hands are tied" look.

I asked my attorney to fax them a letter setting them straight... my lawyer's husband tells me: "you can't afford a letter".

I have paid $5,100.00 and am paying $600.00 - $1,000.00 per month on a payment plan, and what do I get when I ask for a simple letter...

Finally I told the dentist to call their lawyer and ask about prental rights to access vital records custodial parent or not - in 15 minutes they called me to come get them.

This, my good readers is what I am up against.

>>My advise is to just give what ever they are asking for. And
BE HONEST or it will come back to bite you in the a$$!!<<

Oh, I can swear on my life that there will be some a$$ getting chewed alright and I can promi$e it won't be mine... at least according to what The State Bar of California and The California Committe for Judicial Reform have communicated to me.



4
California State Forum / Support, Discovery, Objection?
« on: Feb 20, 2005, 06:09:59 PM »
Hello:

Due to issues of the mother's neglect and abuse of my 7 year old daughter who is in her care, I was forced to motion the court for modification of custody (I know the mother is not inherently abusive and neglectful - but she has assumed a dangerously hectic schedule working 5 part time jobs, 14 units of college, and over involvement in the child's school primarily to block me out of getting involved myself).

Subsequently, the mother returns to the use of corporal punishment in the face of an existing order prohibiting it - which she then admits to under penalty of perjury in her responsive declaration.

While the child was being examined for a hurt wrist and when the doctor asked her when her wrist first started hurting the child reported: "When mommy was hitting me" (making a blocking gesture).

Three weeks following this incident the child sustained a broken wrist which I didn't find out about until 6 days after the incident, when the school sent her home.

I then took my daughter to the dentist and discovered that she had not been taken to the dentist but once in 7 years, she had eight cavities, needed two root canals, and the molar I had to have extracted that the reason she had been complaining so much was that she had a huge hole in it.

So, we've got a hyper vigilant mother who states in her responsive declaration that she "completed undergraduate school in record time", she had been receiving $200.00 per month over the court ordered support in direct exchange for additional time with my daughter, she is stretched so far that she hits her boiling point and starts smacking the child around in violation of the stipulations of our order - causing injury to the child, then she leaves the child to function on a broken wrist for 6 days, AND the child has a mouth full of rotten teeth, needing two root canals and a molar extraction.

I file for custody modification BUT I offer a "Shared Parenting Plan" which assures the mother frequent and regular contact with and access to the child - AND - wanting the mother to complete her schooling, I do not ask for child support to the mother to be modified or eliminated.

I just want to assume more time with my daughter and to act as custodial parent until the mother finishes up her schooling because this way I can get the medical and dental needs of the child taken care of without interference from my opposition.

So here's the rub... now I've got the opposing party's lawyer climbing up my alley asking for every imaginable financial document.

Most of them I do not have, but even the ones I do seem to be irrelevant in light of my Income and Expense Report.

Still, my attorney doesn't seem to want to object to the discovery, almost leading me to believe that they are not prepared to vigorously fight for my custody modification.

Otherwise, there would be no reason for the urgent production of these documents IN ADDIDITION TO my Income and Expense Report.

Can anyone help me figure out how to make heads or tales of this mess?  Do I have to produce all of the documents?  Is any of my financial history confidential?

Does my ex-wife have to submit these same documents as well?

Please advise,

James D. Chamberlain
jamesdchamberlain@prodigy.net
865 Locust Street
Red Bluff CA 96080
530.527.5160


 


5
California State Forum / Please Advise.
« on: Jan 25, 2005, 02:36:58 AM »
Hello:

I am presently involved in a court case involving
custody and child support issues in Red Bluff (Tehama
County) Northern California.

To preface the case: I married the daughter of a
divorce attorney.  She's got psychological problems
involving addiction to gambling and drugs, and in 1999
she kidnapped my daughter.

When I tried to enforce my rights and protect my
daughter ( who was at that time 2 years old ) by
filing child kidnapping charges pursuant Civil Code
Section 278 & 278.5, my father-in-law caught wind of
it and prepared, filed and faxed divorce papers to the
detective who was working on my missing persons case.

The detective then served these on me and from this
point until today (5 years later) the meter has been
running.

My opposing party has caused the court to revoke my
parental rights 3 times, once in 1999, once in 2001
and once in 2003 and in each instance I have been able
to cause the court to give me back my parental rights
with my daughter and in so doing I gained more time
with my daughter in each instance.

In October of 2004 I was forced to file for
modification of custody of my daughter because my
ex-wife has returned to the use of corporal punishment
in violation of our existing order of the court.

My daughter complained of a sore wrist and when I took
my daughter to the doctor, she told him the wrist
first started hurting her when "mommy was hitting me".

Three weeks later the child broke her wrist and was
then sent by the mother to her grandmother's home
rather than the hospital.

I found out about this when the child was sent home by
the child's school who noted that the child's wrist
was swollen, bruised and her hand was immobile.

I believe this might have been to keep the child from
reporting possible abuse to the medical staff.

I have also discovered that the child has only been
taken to the dentist by the mother once in seven years
and when I finally began taking the child to the
dentist on my private insurance, I discovered that the
child has 8 cavities, needs two root canals and last
month I had to have her molar extracted.

The mother has enrolled herself full time in college,
and reports having had to scale back her work schedule
-  although, in actuality she works several part time
jobs.  So she is doing college full time, working as
many as five part time jobs, she involves herself
exhaustively in the child's school (mainly to block me
from involvement).

This brings to light the issue of "The First Right of
Refusal" which they deny me, leaving my daughter to
stay with ANYONE but me whenever not ordered in the
court's order.

Subsequently my daughter has been sent with the
maternal grandmother to a weird "fire and brimstone"
church where they have been demonizing me and my faith
to my daughter.

I have not asked the court to eliminate my ex-wife's
parental rights, but rather to make me the custodial
parent until such time as the mother completes her
schooling.

In her responsive declaration, however, the mother
asks the court to make her the sole parent AGAIN
trying to deny me the right to father my daughter.

The lawyer that I hired I paid an initial $2,500.00
retainer to.  Following this I paid another $1,600.00
and just paid another $1,00.00.  However, the lawyer
now tells me I owe her $6,000.00.

She brought this up to me when I told her that I
wanted her to file contempt charges due to my
ex-wife's admissions in her responsive declaration
submitted to the court under penalty of perjury
wherein my ex-wife admits to violating the order of
the court by returning to the use of corporal
punishment - AND - by her telling my daughter that
they would be moving out of state (to complete my
ex-wife's graduate studies).

My attorney told me: "You are already into me for
$6,000.00 and after the evidencing hearing you'll be
up to $11,000.00 - so how can we afford to file
contempt when you can't even afford what we've already
done".

ALTHOUGH SHE HAS NOT ACCOMPLISHED ANYTHING
ADVANTAGEOUS TO MY CASE.

Now, my lawyer tells me that it is my ex-wife's
constitutional right to spank my daughter. I reminded
my layer that my ex-wife agreed with me to make the
"no-spank" clause a part of our "Agreement" when we
met with the mediator, this was then reviewed by my
ex-wife's lawyer and they entered it to the court
which then made it the order of the court.

So, basically, it looks like I have paid $5,100.00 to
a lawyer who has stated that I am expected to pay her
an additional $6,000.00 WITH NOTHING TO THE ADVANTAGE
OF MY CASE BEING ACCOMPLISHED - and the order of the
court which we have in place is not worth the paper
it's written on because if I try to enforce it - it
appears that my attorney appreciates my opposition's
constitutional rights more than she appreciates my
daughter's rights not to be abused or my rights to
protect my daughter.

What the hell do I do now!?!

jamesdchamberlain@prodigy.net

6
Child Support Issues / RE: PROTECT YOUR ASSETS!
« on: Jul 07, 2005, 01:24:15 PM »
>PROTECT YOUR ASSETS AND WIN DURING DIVORCE!
>
>Below is an articel from a local newpaper in Milwaukee.  For
>Financial Advice To Protect Assets and Credit Rating - Turn to
>Parental Rights Specialists:  FINANCIAL SOLUTIONS GROUP
>1-877-365-9500 OR EMAIL
>FinancialSolutions@Winning.com

Top 10 Mistakes
 
Garrick G. Zielinski says these are the 10 most common financial mistakes people make when divorcing:
1. Taking the house instead of the pension.
The house cuts into income with mortgage payments, maintenance, repairs and taxes; the pension produces income.
2. Not understanding how insurance premiums are treated for tax purposes.
The ex-spouse who is paying health or life insurance premiums for the other party can take a tax deduction, while the recipient must report them as income.
3. Underestimating the tax value of assets.
A stock that originally cost $50,000 but is worthless today, for example, could provide as much as $12,500 in future tax savings under certain circumstances.
4. Missing tax strategies available for retirement plan distributions.
Tax law says, for example, people with a qualified domestic relations order, or QDRO, can take distributions from qualified retirement plans before they reach age 591/2 without paying the usual 10% penalty.
5. Failing to understand how the IRS views maintenance or alimony.
Recipients must pay income taxes on maintenance and are allowed to contribute part of it to an IRA or Roth IRA, even if they're not employed.
6. Not insuring a maintenance income stream.
If the ex-spouse paying maintenance dies unexpectedly, tax laws require the maintenance payments stop.
7. Forgetting to change estate plans and/or beneficiaries after the divorce.
An ex-spouse who is still listed as the beneficiary on a life insurance policy or 401(k) plan could gain control of assets meant to go to the children, for example.
8. Confusing marital and non-marital assets.
Because Wisconsin is a marital property state, assets brought to a marriage or acquired during marriage are considered marital property. But assets received as gifts or inherited are not considered marital property.
9. Drawing up a qualified domestic relations order without understanding the related retirement plan.
A QDRO is a divorce order that directs a pension or 401(k) plan to pay benefits to someone other than the individual participating in the plan. An ex-spouse benefiting from a QDRO should understand the structure, benefits and rules of the related retirement plan to maximize their portion of it.
10. Failing to use a knowledgeable financial adviser.
See items 1-9, says financial adviser Zielinski.

Source: FINANCIAL SOLUTIONS GROUP  1-877-365-9500 OR EMAIL
FinancialSolutions@Winning.com

7
Child Support Issues / PROTECT YOUR ASSETS!
« on: Jul 07, 2005, 01:21:58 PM »
PROTECT YOUR ASSETS AND WIN DURING DIVORCE!

Below is an articel from a local newpaper in Milwaukee.  For Financial Advice To Protect Assets and Credit Rating - Turn to Parental Rights Specialists:  FINANCIAL SOLUTIONS GROUP 1-877-365-9500 OR EMAIL
FinancialSolutions@Winning.com

Planning can reduce financial pain of divorce
Quirks in the tax law offer benefits as well as hazards for each party
By KATHLEEN GALLAGHER
kgallagher@journalsentinel.com
Last Updated: Aug. 30, 2003

When one Milwaukee-area man and his then-wife were going through a divorce, they thought they would have to divide up the burden of a lot of consumer debt they had run up together.


That could have been a problem if one paid off the debt and the other didn't. If one declared bankruptcy without paying off the debt, for instance, the other would be liable for that portion, even though the divorce decree splits responsibility for the debt.

When the final break happened, the couple avoided that risk and was able to walk away debt-free, primarily because of a local financial planner's suggestion they take advantage of a quirk in the tax law. They were able to make early withdrawals from their retirement plans without paying penalties to the government.

"When you're done, you want to start fresh and new," said the grateful ex-husband, who didn't want to be identified. "You want to start with a clean slate."

The quirk that helped the couple to clean their slate is a provision in the tax code that allows people to take premature distributions from their 401(k) plans without the usual 10% federal penalty and 3.3% state penalty if they have a qualified domestic relations order - a divorce order that directs a pension or 401(k) plan to pay benefits to someone other than the individual participating in the plan.

Garrick G. Zielinski, a Franklin-based financial planner and certified divorce planner, worked with the ex-husband's lawyer to figure out how to pay off the marital debt. "Most divorces are emotional," said Zielinski, who is also president of WFA Asset Management Corp. in Franklin. "A financial adviser can get in and set those issues aside and look at the facts."

The facts aren't always pretty. For starters, couples who are parting ways are often automatically increasing their living expenses considerably just by virtue of having to maintain two separate residences instead of one.

"That's just the expense side - but you can't ignore the tax issues and the longer-term issues that go along with that," said Gregory J. Ksicinski, a principal in the Brookfield office of Madison-based Suby Von Haden & Associates.

Tax consequences
On the tax side, simply figuring out the ins and outs of income-tax filing can be very complicated in a community property state such as Wisconsin, where each spouse owns half the assets until the divorce date, but their filing status is determined by the date of the divorce.

"I've advised people to get divorced in early January rather than late December so they can file a joint return because, in certain situations, that may be better," Ksicinski said.

Financial professionals can also help one party get past face value and figure out what the other spouse's assets are really worth, said Nina Vitek, a family lawyer and partner at Lara, Vitek and Stein in Milwaukee.

Vitek relies on accountants to provide tax expertise, value businesses, and perform forensic accounting and lifestyle audits when there's a suspicion one party is siphoning off cash and stashing it somewhere.

"I want validation," Vitek said. "It's important to supplement legal expertise with the skills of accountants and other financial experts to really get behind the numbers."

Take the value of a pension. It often takes a trained actuary to determine what one person's pension benefits are really worth.

Even a 401(k) plan can be tricky. In many cases, attorneys will recommend discounting the current value of the 401(k) by, say 20% in recognition of the fact the beneficiary will have to pay taxes on the money when it's withdrawn, Ksicinski said.

He also recommends divorcing couples consider doing the same thing with stocks that have appreciated so that the amount of potential capital-gains tax due would be deducted from the face value of the stock for valuation purposes.

"Everybody should be aware of the tax aspects of the settlement on all the assets they're receiving in the final distribution so there isn't a surprise a couple years later," Ksicinski said.

Looking to the future
Zielinski agrees, and says he tries to keep people focused on the future value, rather than the current value, of their assets.

"The point is not just to look at the division of assets today. It's the likely outcome of what those assets will do for you post-divorce. It's retirement, nursing home and any financial issue you can think of," Zielinski said.

For example, the current dollar value of a couple's home and the assets in one spouse's retirement plan may be the same. But unlike the pension, the house requires regular infusions of cash for expenditures like maintenance and taxes.

"The facts are most people have no business keeping their homes," Zielinski said.

If there is a strong reason for keeping a home - one parent wants the kids to be able to stay there until they finish school, for example - Zielinski says it's a good idea to plan on selling it after graduation.

Professionals such as Zielinski say they bring more than just their financial expertise to a divorce - particularly those that get emotionally messy.

"There aren't any winners in divorce other than lawyers and guys like me," Zielinski said. "But a guy like me can come in and maybe talk some common sense into the parties and show that it's for everyone's good.


8
Child Support Issues / RE: What about Walmart? Any takers?
« on: Jul 03, 2005, 11:59:03 PM »
"The Natural Order: Water Finds It's Own Mark."


           I have been reading through the different BOARDS on this site, first looking for someone who could help me with my problems (which are enormous and daunting).

http://www.deltabravo.net/dc/dcboard.php?az=show_mesg&forum=104&topic_id=2925&mesg_id=2929&page=

Then it hit me. I am seeing a common thread run through the issues herein contained and that is Fathers (Specifically) and parents in general, being crushed into submission under the weight of child support and legal fees.

Some of the stories have made me so sad... then is dawned on me like the strike of a lightning flash!

I have spent the last five years strategically fighting to establish an almost gurrila court battle Rules of Engagement to enable myself to become impervious to the common tactics as A.) Exhaustion of Financial Resources and B.) Destabalization of Emotional Constitution as is used in such custody battles.

My goal is now to give back to the community. I would fund each father's quest to reunify with their child if I could, but lacking the immediate resources to do this, I will share what I can.

To find out how to protect yourself financially* (and God as my whitness, this is what it all comes down to if your hope it WINNING THE CASE), CONTACT:

Financial Solutions Group: 1.877.365.9500
FinancialSolutions@Winning.com

Father Friendly Resource for:
Tax Lien Issues - *Financial Planning - Foreclosure Resolution - Bankruptcy Resolution - Credit Repair - Debt Elimination.


 

9
Child Support Issues / FINANCIAL SECURITY = WINNING THE CASE!
« on: Jul 03, 2005, 11:52:29 PM »
I have been reading through the different BOARDS on this site, first looking for someone who could help me with my problems (which are enormous and daunting).

http://www.deltabravo.net/dc/dcboard.php?az=show_mesg&forum=104&topic_id=2925&mesg_id=2929&page=

Then it hit me.  I am seeing a common thread run through the issues herein contained and that is Fathers (Specifically) and parents in general, being crushed into submission under the weight of child support and legal fees.

Some of the stories have made me so sad... then is dawned on me like the strike of a lightning flash!

I have spent the last five years strategically fighting to establish an almost gurrila court battle Rules of Engagement to enable myself to become impervious to the common tactics as A.) Exhaustion of Financial Resources and B.) Destabalization of Emotional Constitution as is used in such custody battles.

My goal is now to give back to the community.  I would fund each father's quest to reunify with their child if I could, but lacking the immediate resources to do this, I will share what I can.

To find out how to protect yourself financially* (and God as my whitness, this is what it all comes down to if your hope it WINNING THE CASE), CONTACT:

Financial Solutions Group: 1.877.365.9500
FinancialSolutions@Winning.com

Father Friendly Resource for:
Tax Lien Issues - *Financial Planning - Foreclosure Resolution - Bankruptcy Resolution - Credit Repair - Debt Elimination.






10
Child Support Issues / Please Advise!
« on: Jan 25, 2005, 02:33:09 AM »
Hello:

I am presently involved in a court case involving
custody and child support issues in Red Bluff (Tehama
County) Northern California.

To preface the case: I married the daughter of a
divorce attorney.  She's got psychological problems
involving addiction to gambling and drugs, and in 1999
she kidnapped my daughter.

When I tried to enforce my rights and protect my
daughter ( who was at that time 2 years old ) by
filing child kidnapping charges pursuant Civil Code
Section 278 & 278.5, my father-in-law caught wind of
it and prepared, filed and faxed divorce papers to the
detective who was working on my missing persons case.

The detective then served these on me and from this
point until today (5 years later) the meter has been
running.

My opposing party has caused the court to revoke my
parental rights 3 times, once in 1999, once in 2001
and once in 2003 and in each instance I have been able
to cause the court to give me back my parental rights
with my daughter and in so doing I gained more time
with my daughter in each instance.

In October of 2004 I was forced to file for
modification of custody of my daughter because my
ex-wife has returned to the use of corporal punishment
in violation of our existing order of the court.

My daughter complained of a sore wrist and when I took
my daughter to the doctor, she told him the wrist
first started hurting her when "mommy was hitting me".

Three weeks later the child broke her wrist and was
then sent by the mother to her grandmother's home
rather than the hospital.

I found out about this when the child was sent home by
the child's school who noted that the child's wrist
was swollen, bruised and her hand was immobile.

I believe this might have been to keep the child from
reporting possible abuse to the medical staff.

I have also discovered that the child has only been
taken to the dentist by the mother once in seven years
and when I finally began taking the child to the
dentist on my private insurance, I discovered that the
child has 8 cavities, needs two root canals and last
month I had to have her molar extracted.

The mother has enrolled herself full time in college,
and reports having had to scale back her work schedule
-  although, in actuality she works several part time
jobs.  So she is doing college full time, working as
many as five part time jobs, she involves herself
exhaustively in the child's school (mainly to block me
from involvement).

This brings to light the issue of "The First Right of
Refusal" which they deny me, leaving my daughter to
stay with ANYONE but me whenever not ordered in the
court's order.

Subsequently my daughter has been sent with the
maternal grandmother to a weird "fire and brimstone"
church where they have been demonizing me and my faith
to my daughter.

I have not asked the court to eliminate my ex-wife's
parental rights, but rather to make me the custodial
parent until such time as the mother completes her
schooling.

In her responsive declaration, however, the mother
asks the court to make her the sole parent AGAIN
trying to deny me the right to father my daughter.

The lawyer that I hired I paid an initial $2,500.00
retainer to.  Following this I paid another $1,600.00
and just paid another $1,00.00.  However, the lawyer
now tells me I owe her $6,000.00.

She brought this up to me when I told her that I
wanted her to file contempt charges due to my
ex-wife's admissions in her responsive declaration
submitted to the court under penalty of perjury
wherein my ex-wife admits to violating the order of
the court by returning to the use of corporal
punishment - AND - by her telling my daughter that
they would be moving out of state (to complete my
ex-wife's graduate studies).

My attorney told me: "You are already into me for
$6,000.00 and after the evidencing hearing you'll be
up to $11,000.00 - so how can we afford to file
contempt when you can't even afford what we've already
done".

ALTHOUGH SHE HAS NOT ACCOMPLISHED ANYTHING
ADVANTAGEOUS TO MY CASE.

Now, my lawyer tells me that it is my ex-wife's
constitutional right to spank my daughter. I reminded
my layer that my ex-wife agreed with me to make the
"no-spank" clause a part of our "Agreement" when we
met with the mediator, this was then reviewed by my
ex-wife's lawyer and they entered it to the court
which then made it the order of the court.

So, basically, it looks like I have paid $5,100.00 to
a lawyer who has stated that I am expected to pay her
an additional $6,000.00 WITH NOTHING TO THE ADVANTAGE
OF MY CASE BEING ACCOMPLISHED - and the order of the
court which we have in place is not worth the paper
it's written on because if I try to enforce it - it
appears that my attorney appreciates my opposition's
constitutional rights more than she appreciates my
daughter's rights not to be abused or my rights to
protect my daughter.

What the hell do I do now!?!

jamesdchamberlain@prodigy.net

       

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