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It was filed on the 25th of October and denied on the 26th of October.

So when confronting my lawyer, should I just tell him that I want him to file for another emergency hearing? Based on the following,

1. the parents cannot agree to a parenting plan,
2. there is no available mediation for 3+ months,
3. the childrens health is at risk due to the smokers home, in which the father is living in, WITH an attached letter from our childrens Dr supporting the issue of their [children's] health.
maybe
4. the father has had a previous problem with drugs and alcohol, which is confirmed by a letter from the family therapist.

Anything else additional?

What if my lawyer says no?

How do I ask for an expedited hearing?

How do I ask the judge to remove himself for bias bc of abuse of discretion?

Thanks

k  

LOL, sorry about that, for some reason I thought you were able to read the previsous motion, LOL. Anyway, I will talk with my lawyer this week.

The previous ordered stated that I filed for divorce on 10-09-2006. That the father has taken the children for extended periods of time and refuses to bring them back. That the father resides in a smokers home and both children suffer from asthma. That the father is refusing to take the child to school.

I also asked for a pick-up order to be placed so that my husband didn't just keep the kids anyway, which would be a civil matter and I would just end up back in court.

That was denied and referred to mediation.

Should I have my counselor write a letter stating that he has had previous alcohol and drug problems? However, I am sure that he has cleaned up his act because he knows that it could be used against him, so I don't want to look like I am trying to sabatage his reputation as a parent.

Thanks!

K

Thank you so much for all your help. I will keep you posted.

It was filed on the 25th of October and denied on the 26th of October.

So when confronting my lawyer, should I just tell him that I want him to file for another emergency hearing? Based on the following,

1. the parents cannot agree to a parenting plan,
2. there is no available mediation for 3+ months,
3. the childrens health is at risk due to the smokers home, in which the father is living in, WITH an attached letter from our childrens Dr supporting the issue of their [children's] health.
maybe
4. the father has had a previous problem with drugs and alcohol, which is confirmed by a letter from the family therapist.

Anything else additional?

What if my lawyer says no?

How do I ask for an expedited hearing?

How do I ask the judge to remove himself for bias bc of abuse of discretion?

Thanks

k  

LOL, sorry about that, for some reason I thought you were able to read the previsous motion, LOL. Anyway, I will talk with my lawyer this week.

The previous ordered stated that I filed for divorce on 10-09-2006. That the father has taken the children for extended periods of time and refuses to bring them back. That the father resides in a smokers home and both children suffer from asthma. That the father is refusing to take the child to school.

I also asked for a pick-up order to be placed so that my husband didn't just keep the kids anyway, which would be a civil matter and I would just end up back in court.

That was denied and referred to mediation.

Should I have my counselor write a letter stating that he has had previous alcohol and drug problems? However, I am sure that he has cleaned up his act because he knows that it could be used against him, so I don't want to look like I am trying to sabatage his reputation as a parent.

Thanks!

K

I don't think that my lawyer will be supportive of filing another emergency hearing on my behalf.

I paid him $1500, for what I thought would be for a divorce/custody. However, as it turns outs, the $1500 he qouted was for a settlement agreement uncontested. Since my husband is wanting to contest things, he said he is going to need more money if we have to go to court after the mediation attempt.

So should I ask him to do another emergency attempt? Or should I file one myself and just tell him [lawyer] that is what I am going to do? (since I am potentially running out of money with the lawyer)

1. How should it be worded so that it is different than the last one?

3+ months is a long time for us to be arguing over parenting time, I would think that  the judge would have just awarded something til a court date could be achieved.

2. Should I mention in the emergency paper that mediation schedule is put off until February?

3. How do you ask for an expedited court date?

I don't know for positive if he would test (+) for drugs use. The only thing I would have with would be a letter from our counselor stating that he is/was a drug user and had a problem with alcohol. I am sure she would write something up if I needed her too. I wouldn't ask her, nor would she stretch the truth, she would just state the observations she diagnosised during sessions.

Thanks
K

Perhaps, I miscommunicated my statement. There is NO written order right now. The only thing that I agreed to, verbally, with my husband, was for him to pay me XXX amount of dollars for child support. Maybe when I said "temp" agreed to, you thought that I agreed to the current parenting plan.

So, right now, the only thing we have is our marriage license, which, according to FL law, says that both parents have custody until further ordered by the court. There is no written order saying anything different inregards to parenting time or support.

I had my lawyer file for an emergency hearing to get a written order. It was denied and referred to mediation. In the order, it stated that the

1. father is taking the children for extended periods of time and refusing to bring them back.
2. The father is refusing to take the child to school. (Daughter is 3 and goes to a school, not daycare, but an actually program from 8:30am-11;30am).
3. The father is currently residing with his parents, whom which one of them smokes. Both the children have asthma.

So since, it was denied, and referred, now I have to wait until the February calendar opens for appointmentsfor mediation. I hope this explains the situation.

I have no intention of keeping our children from my husband. I have been the primary caregiver since our son was born, the stay-at-home mom. He is 1 years old.

When my husband and I sought counseling in the past, the counselor told me that he had a problem with alcohol and was an alcoholic, not to the point of endangering the family but noentheless a problem. He, also, was an everyday user of pot. He would smoke every evening when he got home from work.

I told my lawyer, that if he needed to use that,in asking for the emergency hearing, to do so , but he didn't. I am pretty sure that my husband has ceased all pot smoking and a HUGE majority of his drinking, if any, because he knows that I could use it against him.

Do you have any other suggestions on how to get a wirtten order before February? Thank you so much for you time.

K

Hello, I am going through a divorce/custody right now. I have an attorney and filed for divorce in FL in the beginning of October. Following FL laws, both parents have custody bc we are still married. My husband wants to get our 1 year old son and 3 year old daughter one FULL week and his house and then one FULL week at my house.

I don't like this idea for several reason.

    First being, he is living with his mom and dad. His father smokes and both of our children have asthma and were hospitolized for RSV, (not related to papa's smoking) but it doesn't help their asthma for them to be around the smoke.
    Second, I have been the primary care provider and I as was stay-at-home mother since our son's birth. I think that the schedule he wants isn't good for such young children.
    And third, I think that he wants to get the kids more, so that when we go to court, he can tell the judge that he has the 50% of the time and doesn't need to pay me what the guidelines say (he made $67k last year and the guidelines say that he should be paying about $1600.00 a month).

So, of course, he is having a cow about the amount. I had agreed on a temp amount bc I knew that his work was really slow and he also has his other child (10 year) to care for, he has sole custody of her and her bio-mom was declared indigent.

I had my lawyer file a motion for an emergency hearing so I can get some form of a court order, but it was denied and referred to mediation. The only mediation appointment available was for the end of January and he said he has "training" that day. So now, we have to wait for the February calendar to open up.

I am frustarted with all of this. Because we have no order and the way that the laws work, there is nothing I can do in regards to keeping the kids on a different schedule than the every other week thing.

The schedule I want isnt too different. My husband has every other wed and sat off. So he has the kids on the weekend he has off and then the week that he has wed off, he picks them up on tuesday evening and bring them back thursday morning or takes them to their respective locations for school.

I really don't like the schedule that he wants and I am afraid that if we have to go to court, the judge will rule in his favor bc its the schedule that has been in effect for the last 3 months given that there is nothing I can do.

1)Do you have any suggestions on what to do?

I gave him a proposal to look over. He answered the petition with his counterpetition for divorce and the above schedule. I told him last night that he needs to give me a proposal back so we can try and duke something out without going to court.

I don't like hanging in limbo with no paperwork between us. Thanks.

K
Sorry for not reading the guidelines, hope this helps...

Hello All, I am going through a divorce/custody right now. I have an attorney and filed for divorce in FL in the beginning of October. Following FL laws, both parents have custody bc we are still married. My husband wants to get our 1 year old son and 3 year old daughter one FULL week and his house and then one FULL week at my house. I don't like this idea for several reason. First being, he is living with his mom and dad. His father smokes and both of our children have asthma and were hospitolized for RSV, (not related to papa's smoking) but it doesn't help their asthma for them to be around the smoke. Second, I have been the primary care provider and I as was stay-at-home mother since our son's birth. I think that the schedule he wants isn't good for such young children. And third, I think that he wants to get the kids more, so that when we go to court, he can tell the judge that he has the 50% of the time and doesn't need to pay me what the guidelines say (he made $67k last year and the guidelines say that he should be paying about $1600.00 a month). So, of course, he is having a cow about the amount. I had agreed on a temp amount bc I knew that his work was really slow and he also has his other child (10 year) to care for, he has sole custody of her and her bio-mom was declared indigent. I had my lawyer file a motion for an emergency hearing so I can get some form of a court order, but it was denied and referred to mediation. The only mediation appointment available was for the end of January and he said he has "training" that day. So now, we have to wait for the February calendar to open up. I am frustarted with all of this. Because we have no order and the way that he laws work, there is nothing I can do in regards to keeping the kids on a different schedule than the every other week thing. The schedule I want isnt too different. My husband has every other wed and sat off. So he has the kids on the weekend he has off and then the week that he has wed off, he picks them up on tuesday evening and bring them back thursday morning or takes them to their respective locations for school. I really don't like the schedule that he wants and I am afraid that if we have to go to court, the judge will rule in his favor bc its the schedule that has been in effect for the last 3 months given that there is nothing I can do.

Do you have any suggestions on what to do? I gave him a proposal to look over. He ansewred the petition with his counterpetition for divorce and the above schedule. I told him last night that he needs to give me a proposal back so we can try and duke something out without going to court. I won't have the money to keep a lawyer around if I have to go to court. I have never been through this stuff before, personally. I mean we dealt with things bc of my husbands ex-wife, but that was somewhat different.

Do you have any suggestions on what I should do? I don't like hanging in limbo with no paperwork between us. Thanks.

K

I am in the process of going through divorce with my husband. We have 2 young children, 1 year old boy and 3 year old girl. I am trying my hardest to do what is best for our children. However, I don't feel like he is, I feel like whatever he does is going to be a direct opppsite of me bc he doesn't want anything to be like me. (Does that make sense?). Because we don't have anything finalized, we both have custody and can basically do whatever we see fit. So he is taking the children for one full week at his house and then one full week at my house. This schedule has been going on for about 2 months. Before we separated, I was the stay-at-home mother. I was the primary child care provider. I don't think the children are responding well to this schedule. They seem to be clingy when they are with me. My daughter has begun to cry when I drop her off at school or leave her with anyone (before she didn't). My son is the same way, now he is having problems going to be on his own. He screams and fights me (Body rigid). I don't want to just put him in his crib bc I don't want him to see me walking away from him. I have our daughter call and say good night to her father and older half-sister when I have the children, but doesn't have her call me. So I have decided to call myself to talk with her but she refuses to come to the phone, whining or crying that she doens't want to. So I call her at daycare instead and she comes to the phone just fine and talks with me for a few minutes. I know that my husband knows the importance of consistency and that trying to make our homes similar, in regards to schedules, bedtimes, etc, will help the kids adjust; but he refuses and just says that he'll have his rules at his house and vice versa. I hate how this is upseting the kids. I tried to suggest to him that we can do 50/50 when the children are older and can cognitively understand week here and week there. I am afraid that every time the kids go, they don't understand that they are coming back. My husband got into an agruement with me on the phone and he was screaming at me that I am nothing to his daughter (my step-daugher, the one I raised for the last 8 years of her life). I hung up after he screamed that over and over bc I didn't want our children to hear him talking to me like that. There is a zillion other petty things that I am sure all of you have been through. Why doesn't my daughter want to call me on the phone when she is over there? I worry that he (and his family bc he lives with his mom and dad) are bad-mouthing me or something.

Please don't confuse any of this as trying to keep my kids from their father. My husband has custody of his daughter (from a previsous relationship so I am all for fathers). My husband has been a previous pot smoker( everyday) and drank every night afterwork (enough drinks for our counselor to tell me that he has a problem with alcohol). I know he has cleaned up bc he knows that I would bring up the pot issue in court.

Any thoughts or suggestions would be great.
Thanks.