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Messages - DadsCrushed

#31
Visitation Issues / Re: Custodial interference?
Jul 31, 2012, 08:03:41 AM
Dependent upon your state, if the CP continues unabated in this behavior, allow this to serve as grounds for a motion for modification.
#32
Father's Issues / Re: Custody Hearing
Jul 26, 2012, 11:18:45 AM
Be careful here. The court may offer her sole custody because of the "status quo" of her being the sole provider. My ex pulled that with me and got full. My advice to you is to get your kids. I'm not stating include them as a pawn but by all means they are your children as well and you are legally entitled access barring some unknown element. I agree to demonstrate attempts to see your children but the status quo was used in my case. Hopefully you will have a judge see through the vile attempts of the mother.
#33
What state of the Union are you located. Also, your statements aren't clear. Does he have full or joint custody? If you share custody, what are the terms of the order on seeing your children? Upon your suicide did the other parent seek a modification for full custody based upon your mental state of mind? If so, file a motion for modification of changed circumstances due to a clean bill of health, if you are. Do note that your state of mind or actions are only relevant as long as it negatively affects the welfare of your children and harm is directly tied to you. Barring that the state cannot interfere. There is case precedent across the country with this.
#34
I believe most states do NOT identify PAS as admissible. I know that Maryland does not. You can not merely state the ex bad mouths you to the children as changed circumstances for a motion for modification. However, sounds like you have some contempt hearings. I do not know the nature and/or scope of these hearings but denial of visitation is not in the children's best interest. I do know that the appellate court in NY did grant a father full custody due to the mother's incessant BS with denials of visitation.

Social Services will be of little help, as well. They look at quanitifying mental / emotional abuse. If the benchmark does not demonstrate a drop in the children's grades, bedwetting, or the like they won't look at PAS via emotional abuse.

My children repeated some vile garbage from their mother. Is this abuse . . . absolutely but the system really does not see it as so.

Play the contempts, pull their school grades, take them to one of your doctors and then get ready for  a modification.
#35
From the suffix MD I would assume you are in the state of Maryland. Per Maryland Law § 9-104  (2012) "
nless otherwise ordered by a court, access to medical, dental, and educational records concerning the child may not be denied to a parent because the parent does not have physical custody of the child."

This applies to public and private institutions. If you still get dicked around file a Motion to Compel documents.
#36
If there is an Order amend it to reflect "right of first refusal" if you share joint legal custody
#37
Second Families / Re: stressful turn overs
Mar 02, 2012, 06:02:18 AM
I agree that it is more than likely PAS but also remember that the hearsay statements of a 4 year old will be inadmissible in court.
#38
"the only reason is because the BM . . ." who cares what she wants. I would advise you to get a pendente lite or some order from the court establishing some schedule. My ex pulled this stunt as well, and if the child is that sick where are the doctor's notes, excused absences, bills for services, etc.  They don't exist. Your husband needs to file against the BM.
#39
I don't know about Texas but in Maryland you will need to file a Motion for the Modification of Child Support. You can craft the langauge to satisfy your needs and Texas' code. Be sure to inclulde as Exhibits changes in your cash flow (e.g., termination letter, loss of hours). Some States will require that your income be at least 25% different prior to filing a Motion. Also, the term income can be quite expansive. Also, focus on her income. If her income has increased while yours decreased you should include that in your argument. Dependent upon the age of your children, also consider arguing that teh ex is engaging in voluntarily impoverishment and her potential income should be imputted. Good luck this can be done . . . done it. Courts don't like to see this stuff every year from same case but due to economic realities they have to face reality,.
#40
Visitation Issues / Re: is mother in contempt?
Feb 27, 2012, 09:46:34 AM
Agree to document the oversight in its entirety. Also, remember that it's only the father that is contempt never the mother!