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Messages - WhatToDo

#11
Dear Socrateaser / Does stipulation override CO?
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?
#12
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?
#13
Dear Socrateaser / THANK YOU!!!!
Jan 04, 2007, 01:32:17 PM
Thank you to all of you. I will find out what day the court order was entered and go from there. This has all been VERY helpful. At least now I feel like I MIGHT be going in the right direction from here!

THANK YOU!!!
#14
Dear Socrateaser / court order
Jan 04, 2007, 11:33:07 AM
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 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.
#15
Dear Socrateaser / RE: My experience
Jan 04, 2007, 11:21:18 AM
 "So, except for your testimony, and you admit you would do anything to help plaintiff, we really don't know that this video was taken at the date and time you claim, correct."

A: "Yes, I suppose so."

So for something like this, I could get my fiance' to tape all this. And my cell phone has the date and time displayed on it so I could just hold the phone up close enough to the video recorder to show what day it is.

On my court order, it says I am to have my daughter every other weekend. But it doesn't give an exact date for the visits to start. I sent ex a letter stating I want visitation this weekend and for her to respond via mail if this weekend doesn't work. She didn't respond so I'm going to the pick up location (police station) with a police officer.  I know she won't show up.

In the past she had said she wants any of my intented visitations in writing. Another time she said she wanted everything to go through our lawyers.

So when she doesn't show up...

1. Should I send her another letter immediately asking for 2 weekends after this one? (so it stablishes the every other weekend agreement)

2. Or should I send her lawyer the letter of intent and ask him to relay the message to her?

3. or Is there a different approach I should take instead of sending the letter?
#16
Dear Socrateaser / so I have nothing?
Jan 03, 2007, 05:51:46 PM
So basically there's nothing I can do? My ex doesn't ever answer her phone so me catching her on tape is pretty much impossible.

The phone records show how long each phone conversation is and each one says 1 minute. If a judge actually thinks that every time I call, the dialing and me talking to my daughter only takes 1 minute then I guess I'm outta luck.

1. Do you have anything I haven't tried?
#17
"The fact that you're asking what happens strongly suggests you will not be able to make your case."

I know that I need to show proof of my visitation being denied. I guess what I was looking for was what all should I bring and what could my ex say or use against me. I guess I should have worded it differently. Sorry!

- I have emails from my ex denying my visitation several times.

- I have phone records showing how often I have tried to exercise my phone visitations with my daughter.

- I have sent my ex two certified letters of Intent to Exercise Visitation.

- I have a police report showing that she didn't show up at the first requested visitation. (the second one requested is this weekend so I don't know if she will show or not yet. I'm assuming not)

- I spoke with an attorney and was informed that I can record conversations with my ex without having to inform her. I have not yet been able to record her since she hasn't answered her phone but I am still trying.

1. Is there any other evidence I should have?
#18
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?

#19
Dear Socrateaser / so I have nothing?
Jan 03, 2007, 05:51:46 PM
So basically there's nothing I can do? My ex doesn't ever answer her phone so me catching her on tape is pretty much impossible.

The phone records show how long each phone conversation is and each one says 1 minute. If a judge actually thinks that every time I call, the dialing and me talking to my daughter only takes 1 minute then I guess I'm outta luck.

1. Do you have anything I haven't tried?
#20
"The fact that you're asking what happens strongly suggests you will not be able to make your case."

I know that I need to show proof of my visitation being denied. I guess what I was looking for was what all should I bring and what could my ex say or use against me. I guess I should have worded it differently. Sorry!

- I have emails from my ex denying my visitation several times.

- I have phone records showing how often I have tried to exercise my phone visitations with my daughter.

- I have sent my ex two certified letters of Intent to Exercise Visitation.

- I have a police report showing that she didn't show up at the first requested visitation. (the second one requested is this weekend so I don't know if she will show or not yet. I'm assuming not)

- I spoke with an attorney and was informed that I can record conversations with my ex without having to inform her. I have not yet been able to record her since she hasn't answered her phone but I am still trying.

1. Is there any other evidence I should have?