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Messages - Spaceman1982

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Moms Without Custody / Re: New and scared
« on: Aug 21, 2012, 11:18:03 PM »
He can only get supervised if you are completely unfit and have a running history of neglect and or abuse.

That said. Your DUI did not involve your son. Stupid. Yes. Child endangerment though no. However you are dealing with a family judge. He can interpret it however he wants but it should hold no ground. I might say get a drug alcohol assessment done to show you have no dependency on Any substance. My ex used to do some drugs with me before kids were born, brought it up during divorce filing. I had one done told judge I hadn't touched a drug inYEars and took the assessment as a good faith gesture to which made him happy.

Not sure if the 50/50 thing will bounce in your favor as you (one)eft martial home and you traveled a lot so that can be easily argued he is and has been primary caretaker. Best thing is to show judge how you are adjusting to make transition to it now and provide best interests for kiddo.

Don't sweat the supervised shouldn't hold.

Custody Issues / Re: Job opportunity out of state
« on: Aug 16, 2012, 10:12:39 PM »
In Nevada, that wouldn't fly. If you want the new job they would make you give him primary custody. In my state. The only way you can move is if you have primary and can still give the other parent the same time share.

Custody Issues / Re: Update motion to set aside
« on: Jul 18, 2012, 04:22:54 PM »
Sadly no.

Custody Issues / Re: Update motion to set aside
« on: Jul 17, 2012, 11:44:19 PM »
That's ok. She didn't even show up today. And the judge cAlled all the prisons and she wasn't in jail 

Custody Issues / Re: Update motion to set aside
« on: Jul 12, 2012, 10:47:12 PM »
The warrant was from the violation of a restraining order charge she had two years ago and never paid. Yes the restraining order was one I had.

The Tuesday hearing he said was to address a lot of issues from the December hearing she didn't attend, update on childrens status and he wants to review emails cause I told him I emailed her to get her to go to the December hearing so he wants to see it. Plus he awarded me temporary sole back in December and he wants to make a ruling on that.

Custody Issues / Update motion to set aside
« on: Jul 12, 2012, 06:53:09 PM »
So she told the judge how we mailed it to a address she told me via email it was wrong. Judge told her she should have updated her personal information with court the entry of order was mailed to a completely bad address. However I mention in my opposition to her motion she went to donnas house  she said some attorney gave her the order (oops on her part) so the judge said that she acknowledged she got the order so he kept talking and she stepped over him a lot he finally threw her in jail cuz of her warrant and scheduled a hearing this Tuesday

Any thoughts on how this will work out now.

We have a history of domestic violence (documented). Last time we were in same public place she was arrested and sentenced.

The drug thing is DEFINETLY a good idea Ocean.

The GAL scares me though. There is still a mother rights movement in this city. I got lucky and got a best interest judge which is how I ended up with primary custody.

I do also like the mother only stipulation as well.

Kids have been doing rather well. Straight A s. the oldest actually got an outstanding citizen award.

The reasons behind it are still a very real focus for me. I remember in our original seperation process she wasn't allowed by CPS to have overnight visits while they were residing at her boyfriends (now husband) moms house. She is living there again so that's another area of focus as well.

But as most custody issues go, it's the big picture. So I was lookin at the aspect of not having physically seen them in so long too. Kids are doing well, safety is a real concern, just was wondering how a judge would react with her lack of eagerness to do a thing bout not seeing them.

Basic answers. Kids are 6 and 8. We all live in same metropolitan area. Her visitations were placed under supervised cause her ex roommate told the court about her and husband abusing drugs and when kids were on her visitation time she would drop em off at the husbands moms house....but would be home instead of with kids. She didn't show up to court in December and went to register at donnas house 5 days late on January 12th. She asked for phone. Alls till she wen to court and I have given her one call a week non court ordered to keep them in some form of contact.

She filed a motion to set aside order 6 months later....having not gone to Donnas house for any supervised visits and this is her first motion since the December hearing.

How does this look to a judge? I'm just trying to get some weight to how a judge would look at something. With the motion to set aside she has coming up in a week (to erase her supervised visits) how does it look when she hasnt physically seen the kids since late November, and then 6 months later says "I shouldn't have supervised visits??

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