Messages

11

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.

12

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.

13

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.

14

Child Support Issues / Re: Child support more than I can afford/Never even seen my child!!

« on: Oct 04, 2012, 02:26:15 pm »

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.

15

Father's Issues / Re: Management of Visitation Interference and Harassment

« on: Oct 04, 2012, 10:06:20 am »

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.
 
 

16

Custody Issues / Re: Mother fighting custody Pro Se in Arkansas!

« on: Sep 27, 2012, 05:26:17 am »

Take a deep breath. Go to the court house and inquire whether they have any pro se clinics to assist people like you. Check the county website; they may have forms on line. This site is pretty good.
 
Document, document, document. Let him attack you . . . sooner or later he has to prove it. You have negative test results. Inquire with the police department and social services on whether a report of abuse was filed against your child. If not, give him more rope to hang himself.
 
There is no formula on how to win. Yes, if you want to play dirty, like he is trying to do you have a chance but he will lose in the end.
 
There are custody factors to consider; take a look at them. I had an attorney until my ex was so vile that I had to terminate my attorney due to costs. I have been pro se for a number of years and destroyed my ex wife and her army of attorneys at the circuit and appellate courts. You can do it pro se if you are prepared and can commit the thime.
 
 

17

Custody Issues / Re: visitation with kids

« on: Sep 25, 2012, 10:10:49 am »

I'm shaking that her attorney instructed you to do something; don't listen to him. Listen and obey a court order. She is playing with you if she wants you to move out and then consider counseling. Do not move out. Let her file an emergency hearing. She must show immediate harm to the children. Get an attorney and file. Don't worry about the ad hominem attacks . . . let her prove it. More than likely she will request a mental health evaluation on you and be prepared to counter.

18

Father's Issues / Re: false allegations

« on: Sep 25, 2012, 10:01:28 am »

My ex psycho pullled this garbage. Agree with other comment . . . file. Ideally you do not want to leave the house because that is a factor used in determining custody. Light a fire under your attorney and get this tossed; more likely since the ex parte was denied and criminal has an even higher standard. I would also suggest you reach out to CPS and inform them that you want them to maintain all records beyond their ordinary scope. More than likely your ex will claim abuse of the children next. Get in family court immediately. Keep all your records. Keep all your attempts at contacting your children, if currently allowed. I hate to say it but it will get worse before it gets better. Grow a thick skin and get ready for incessant nonsense.

19

Child Support Issues / Re: Can't pay court ordered CS

« on: Sep 05, 2012, 12:21:02 pm »

I would file a Motion for Modification of Child Support and state the circumstances. Most states allow for a change of 25% or more to be the basis for changed circumstances for such a filing. If you make more than the CS tables for your state the judge can deviate from the CS table. Barring that they are to adhere to the tables. I would not quit my job because then the ex can come at you for voluntary destitution and that will not play well in the court. Certain expenses (health care, insurance, etc.) can be deducted however I do not believe that travel expenses would apply. You will need to check the family law code for that.

20

General Issues / Re: 18 year old still sleeping with dad.....normal or not?

« on: Sep 05, 2012, 05:46:15 am »

I have two daughters and I don't want them sleeping with me for fear that they will take all the covers. The father here should not be sleeping in the same bed with a young adult. Granted my daughters and I have all laid in a bed during a nap or watching television but this is not every day. If he lacks the room at the very least a separate bed but in the same room. Does it really matter that he is African? We are in the United States and tolerance of another culture does not mean acceptance.
 
I do not believe you can obtain a court order for the 18 year old but definitely the 4 year old with a court order to modify or petition for parental conduct.