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Messages - DadsCrushed

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Custody Issues / Re: Ex Parte
« on: Feb 11, 2013, 07:07:27 AM »
Good luck with this. Most emergency motions require imminent physical danger of a child not emotional or mental abuse. I know this is the standard in Maryland.

Custody Issues / Re: mother won't discole information on dental
« on: Jan 28, 2013, 09:46:00 AM »
Agree with the other comments but if the Order allows for medical records and notification of medical appointments I would file a petition for contempt. By law unless an Order speficially prohibits you access to medical records the care provider must provide to you the documents upon request.

I'm in the States but has something officially been submitted. Is there a Petition for a Temporary Protective Order? Did she go to protective services? If an Order was filed a case needs to be heard within 7 days normally. If she went to protective services is there a report? I hate to say this but this is a game and you will need to play this out until it gets tossed. If the mother filed a protective order or went to protective services she can refuse you visitation until this is resolved. If the mother did not file or go to services and refuses to hand over the child file a contempt case. Just because the mother says something does not make it factual

General Issues / Re: abuse of orders of protection in Missouri
« on: Dec 19, 2012, 03:38:27 PM »
The court will eventually see her true colors; let the psycho play this out. Most protective orders are issued ex parte but at court they must prove beyond the preponderance of the evidence. Also the contempt she must prove willful disobedience. If she says you are parked outside does psycho have pictures? I would advise you to now contact social services and reqeust that they NOT expunge any records because more than likely mother of the year will start filing false abuse allegations. This is the normal patter of mentally ill women.

General Issues / Re: Wife locked me out of home, what to do?
« on: Nov 23, 2012, 08:34:02 AM »
Get back in the house. She is attempting to demonstrate that you abandoned the home. She is also attempting to show down the road a status quo of her providing for the children in the home while you are not there. Therefore, when this goes to divorce she will get the home and the children (use and possession). My advice to you is to have the police escort you to the house. Otherwise she will accuse you of beating her and then she will seek an emergency ex parte protective order. Make sure you have a witness around because she will claim abuse; I guarantee it. You will be forced out, forced to pay the mortgage, forced to sleep on a buddy's couch, you will lose the house, you will lose the children.
Get back to the house ASAP.

Visitation Issues / Re: visitation denied?
« on: Oct 19, 2012, 07:56:52 AM »
File another petition for contempt and wait. Make sure in your petition you reqeust jail time. If she is found in contempt, you live in NY that has set some beautiful case precedent. Immediately file a motion for modification due to her incessant interference. Also, if she is arrested ask for sole custody of the child at that time.

Father's Issues / Re: Just lost
« on: Oct 15, 2012, 05:05:33 AM »
Normally a restraining order is an ex parte and they are easy to get. At the very least you should have a court date scheduled shortly as noted on the order. At that time have somebody serve her the paperwork. You can still file against her at the last known address.

Father's Issues / Justice Served
« on: Oct 09, 2012, 01:57:45 PM »
Over the years this website has been beyond helpful emotionally, mentally and financially. I have received such good information and desperately needed it since I had to go pro se. I see the same bullsh!t in a number of threads of the father being accused of vile and heinous acts. My ex did the same to me.
Within the last week, my ex was found in contempt and serving time! Also Ms. Psycho had to settle for defamation of character for all the incessant garbage she subjected my children and I to.
I'm just saying hang in there.

You can file for joint custody. Did the current order provide a worksheet in determining the $366 monthly rate? Was there a clerical error? How did they obtain your income statements if you did not know your son was around? You have every right to see your son. I'd file first and request a pendente lite to get this going.
Child support offices won't suspend your license if you use it for work. They only deny extracurricular driving. Check with your state. You can set up arrear payments. Try to see your child and document it. She will more than likely deny you access and this can be used against her. You need to immediately demonstrate that you want to be part of your son's life. Otherwise the court will award her sole custody via the status quo.

Something does not make sense here. Civil contempt of "frustrating" a visit is not criminal. First, the Court should issue a Show Cause Order. Next you will argue that your actions were not contemptuous. She must prove that you acted with impunity in denying the visitation. Did you file against her; I hope so. The court must find that you willfully denied visitation.
An order for visitation still requires the parent to facilitate the visitation. Use your attorney for possible criminal matters and you can file the petitions for contempt. I know it's hard to believe but my crazy ex eventually ended up in jail for the same nonsense you are going through.
Document, document everything. The fact that you were there for visitation but she was not. Send her emails during and after the loss of visitation.
I know you're freaking out, I went through this nonsense and it does not discount the awful feelings you are going through but it will play itself out.
If the DCS report was ruled out. If she is found in contempt. If her allegations against you are denied . . . I would seek modificatio of the order.

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