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Messages - TPK

#41
Dear Socrateaser / RE: File a Motion??
May 31, 2005, 12:15:11 PM
The visits at her brother's house were not intended to be "supervised" so to speak. If you remember, wife kept child from me for 4 months. Judge who gave me the visitation was in Orange County, we're now in Ulster County with a different judge.

The Orange County judge wanted me to get to know child again so she gave me the Weds & Sundays in NY. When we were in front of that judge again we asked for weekend overnights. She gave us the Sat 9:30 to Sun 6pm in NJ which was what the Judge for the TRO hearing was set to give us on 11/1/04.

I could've stopped going to NY at that point but wife's brother and his family wanted to keep seeing my child so I kept going there. Brother hates my wife. He kinda hinted it was time to stop coming to his home after 5 months. I think he's sick of the whole mess at this point, I can't blame him.

I can't go to NY on Sundays now, there's no place for child to take a nap, no place to change a diaper etc, no home for me to go to.

My visitation is probably "minute orders" and were only intended to be temporary.

Does any of this info change your opinion?


Thanks

TPK
#42
Dear Socrateaser / File a Motion??
May 31, 2005, 06:29:25 AM
Soc,

My visitation has been Weds 3-7pm in NY at wife's brother's house, every Sun 9:30 am to 6pm also at brother's house in NY and EOW in NJ from Sat 9:30am to Sun 6pm. I have been doing ALL the traveling.

Her brother flaked out on me and no longer wants to play host Weds. and Sundays in NY. That leaves me with EOW in NJ now.

Our next court date is not til July 12th. I want my parenting time increased to EOW from Fri. 12 noon to Monday 10am with a halfway point established for transfer.


1. Can my attorney file a motion to increase parenting time NOW, or do I have to wait til the divorce is finalized?


I just want to know if I can get into court and get this done without having to wait til the divorce is over. It appears wife will settle on nothing, and this could go to trial which might not be til next year.

2. If I can file a motion to be heard now, what is it called??

My attorney is hard to get ahold of, so that's why I came here to ask.

Thank you

TPK

#43
The PC went well last week. The conference was just between the Judge and the lawyers, no litigants. I was expecting to be in there, but we were not allowed. WTF?

Judge said NO alimony which made my day. I figured wife wouldn't get it anyway, but ya never know. Judge made his decision based on duration of marriage. We're 99% done, but wife's attorney is really milking this. My attorney said he had "such contempt for her lawyer"

Apparently, my attorney asked around about wife's attorney and she's got a lousy rep for really making a mess of cases....and losing.

All that needs to be hammered out is the visitation.


1. If wife doesn't agree to settle on visitation, is a hearing on the matter the only choice?


2. Should I threaten to bring a hearing on the vaccination debate to use as a scare tactic to get her to settle on the visitation??

3. What else can you suggest to get her to settle if anything??


Thanks as always.


TPK
#44
>>
>If this is a conference with the judge, then the judge will
>ask the attorneys to tell him what's up and whether or not a
>settlement is possible. Then the judge will set a trial date
>on the issues and everyone goes home.

It is a conference with the Judge. My opponent doesn't seem to want to settle on anything it seems.

1. Does a Judge frown upon litigants who are unwilling to settle?




>
>If this is a conference with the other party and counsel, then
>you will all posture and argue about a bunch of stuff, and
>nothing will probably happen, except that you will get a bill
>for a couple of wasted hours. I would avoid this type of
>conference, unless there is already a written pro-forma
>settlement offer on the table and there's some chance that you
>can close the deal.


I had this type of conference already. You're right, it seemed like a waste of time and money, but we had the chance to hear what they want and vice versa.


Thanks

TPK
>
>
#45
Soc,

My preliminary conference for the divorce is tomorrow.

1. What generally happens at this conference??


My lawyer is out today, couldn't get a hold of him for questions (sigh)

Thanks as always.


TPK
#46
Dear Socrateaser / RE: Requesting a Continuance
Apr 28, 2005, 04:37:41 AM
Some states do allow for electronic testimony via phone. I had this option for a NY hearing and they allowed it. Hearing was then withdrawn so I never had to use it.

Not sure if all states have this option, it might be something that you should inquire about.

Good luck.

TPK

#47
Dear Socrateaser / Question About This Subject
Apr 20, 2005, 07:36:41 AM
I had our 1 y o daughter baptized a few weeks back......without wife's knowledge. She has refused to have her baptized for whatever reasons. I don't intend to mention this to wife anytime soon.

1. Could I get in any trouble for doing this behind her back??

2. Keep my mouth shut on this???


Thanks

TPK
#48
Afternoon Soc.

I found out yesterday that wife has moved yet again. Since 8/04 she & daughter (1 y o now) have lived with me in NJ, then at her home in NY, then with sister in NY, and now in mother's house in NY with some time at wife's NY home as well.

You know I'm not challenging for custody. But this constant moving has to be unstable for the child, especially at such a young age.

After speaking face to face with her, I'm still concerned about her mental state. The frequent moving and "irrational" behavior has me thinking I should address this in court.



1. Cause for alarm???.........or am I being petty here??


I predicted months ago wife would have a complete mental breakdown in the future, especially after she left her sister's house which would leave her all alone by herself, with nobody to help with the child.

I have a large network of support here in NJ, it's too bad I don't have custody of my daughter, she'd be better cared for down here and wouldn't be so isolated from everyone else where she is in NY.

Thanks for listening, that's all today for my Monday rant.


TPK

#49
Excuse me for jumping in here but....

Generally, who gets the claim the child, the CP or NCP??

How is this determined and is it common to alternate each year on who gets to claim?

Not being an accountant, and with our daughter just turning 1, I'm a little green on this. I'm not even sure my wife knew to claim this for last year. Being that I'm green on this, I didn't claim her either, I didn't want the IRS breathing down my neck, got enough problems already!

How does this work anyway??....what kind of money do you get back if any?

Any information on this would be appreciated.


TPK
#50
Dear Socrateaser / Conservator Questions
Apr 13, 2005, 07:23:14 AM
Soc,

I am writing on behalf of my spouses brothers, this is their issue and need help. We have been kicking this around for quite some time now.

Their father died 1/04. Mother is still alive but deemed incompetent by the court. Court appointed their other sister guardian and my wife co-guardian. Neither have power of attorney.

Seems as though quite a bit of money is missing after father died. Brothers guesstimate there should've been $200K+ shown, only $20K was shown by sisters to the court.

Father's will left everything to the mother.

I have a bank statement in father's name with my wife as beneficiary. This statement shows interest on 2 CDs and a savings account. There's about $50K between the accounts. Accounts were closed after father's death.

1. Should my wife have gotten the money, or should it have been given back to the mother?

2. Technically, wife could've been the only one to close the accounts?

The brothers now want to petition the court to have the court appoint a neutral party guardian. The sister has co-mingled the mother's money with her own.

3. Is it a law in every state that you have to file with the probate court the assets of a deceased person, a will if any, and who will get the deceased's assets?

Brothers insist sisters did not file with probate court (my lawyer is checking on that for me). My father's mother died 2 years ago (in Pa.) and he told me he HAD to file with the probate court by law.

4. What do the brothers have to do legally to get the sister's to show the father's assets upon death?

5. Would they have to file an OSC to have the court appoint a guardian?

Where do they start??

Thanks as always.

TPK