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Topics - Windd

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21
Dear Socrateaser / VICTORY FOR KIDS, But Possible Loose ends
« on: Apr 21, 2005, 09:34:55 AM »
Residential placement changed to father!!!!! Paper work being drafted that will be reviewed and approved by (female)judge. Mother known to not follow court orders and very manipulative. However there are some loose ends that need to be clarified. Please review; how would you clarify the following

Mom works nights and new order will let her have the kids on her off nights, Wednesday and Thursday night. The way its supposed to work is she will pick kids up Wednesday after school, take them to school Thursday morning and pick them up from school Thursday afternoon. Friday morning she will take them to school and pick them up from school Friday afternoon. Essentially she will have the kids Wednesday evening to Friday evening and every other weekend.

There will be a right of first refusal clause entered.

It’s not a question of if, but when the mother will be moving now that she has lost custody as she will no longer be able to afford rent where she is. I presume she will move back in with her mom which is 25-30 miles away from father and this will create a 1:15 hr+ morning commute and 1:15 hr+ afternoon commute ( on a good weather day and car). It will be longer when weather is not good and/or on public transportation on the days she is supposed to get them to school and from school.

How can this commute for elementary school kids be avoided? It a recipe for disaster.

What wording would you include in right of first refusal language as the essence of the right of first refusal will be difficult if not impossible to enforce? At some point the distance between residences makes the right of first refusal ineffective if not impossible.

If mom does change her off days to Friday night and Saturday night instead of Wednesday night and Thursday night(she is a slippery character and will change without letting father know) what wording would you include to state that if she changes her off night to something other than Wednesday night and/or Thursday night her visits on Wednesday and Thursday will then be null and void either the week of or the week following her normal visits?

How can mom be prevented from not letting father know when she is not working? She will say she is not working but leave the kids with someone and then go to work. How can this be avoided? What if any sanctions can be recommended?





 



22
Dear Socrateaser / Procedural Question
« on: Mar 17, 2005, 04:38:05 PM »
In your vast experience are fathers penalized for filing for sole custody?
 
Does one file for sole custody and then judge rules that, no,  joint with residential placement is appropriate? Do you shoot for the moon and are put on a star by the Judge?

Does one file for joint and request residential placement?

Would father filing for sole with visitation for mother appear to be committing social suicide in the eyes of most courts?

23
Dear Socrateaser / FlL Adoption Case
« on: Dec 30, 2004, 05:20:34 PM »
Socrateaser I am perplexed at the Florida adoption case and wonder if you can shed some light on it.

The mother attempted to give child up for adoption without fathers consent. Three years later the coupl who had child has to give him back to biological mother in Illinois.

Adoption was not finalized as I guess dad found out and fought for his child.


Why would child now go back to mom as she gave him up(abandoned him) to total stranger s for three years???

Does dad now have to fight mother for custody even though she gave child up and had not seen child for a couple years?


24
Dear Socrateaser / Motion of Her Counsel To Withdraw Himself
« on: Aug 20, 2004, 09:15:33 AM »
Initail eval done in January. Her counsel requested second one in which judge kept giving them 30 days , 30days , 30days, still going to get it done. We asked judge for temp custody until second evakuation is done, he said no. At the next status it was brought to judges attention the stalling, hey come back in 30 days he said to my atty.
We asked to set it down for trail. Pretrail set two months done the road.
GAL recommended and Judge ordered therapy for son through specific named therapist. Mom was taking him but then decided hey I don't like her and I am not taking him anymore. I'll take him to a person who I like who I can deceive by playing the poor little me role.

Now her atty filed motion to no longer represent her.

What does that mean to case? Could it be a tatic to say hey Judge my client is now being penalized by dad trying to get custody?


I know you don't read tea leaves but how would you pursue/what steps would you now recommend?

Does that throw the pretrial out the window?

Some of the items in the intial eval were corrected;i.e. neighborhood and school.


Not to diminish the civil rifghts movements but I can see how african americans felt in the 60s; with trying to be equal.

25
Dear Socrateaser / Expert Witness
« on: May 21, 2004, 03:26:14 PM »
What type of fees can one expect if a custody evaluator has to provide testimony at trial??


If client has joint custody and it's not working,would you ever recommend settling for shared custody? On what grounds would you recommend shared custody?


In regard to above, it better to attempt shared custody rather than trial especially after initial evaluation done several months ago and other side has been stalling in regards to getting second evaluation?

26
Dear Socrateaser / Second Evaluations
« on: Mar 20, 2004, 12:59:36 PM »
Custody evaluation(recommended and chosen by kids appointed attorney) completed several months ago which did not favor the mom. Mom and her attorney said evaluator lying, misquoted mother etc... Father's attorney provided response to courts with supporting documentation of reports, answering machine messages, etc....
Judge then gave okay for another evaluation to mom and her attorney. Kids attorney and father's attorney recommended kids be moved until 2nd  eval completed but judge did not agree. Two weeks later mom is moving within two miles of father and placing kids in school.

1)Has/can an evaluation ever be overturned just by "saying" we are/have  corrected the items the evaluator listed in the original report?

2)Is it appropriate and legally strategy to request second evaluation with intent on never having it do,ne but manuvering to correct deficiencies in initial report? Then coming to the courts and saying there are no problems anymore.

3) Will judge look kindly on request for another evaluation, having given his approval, and then it not be done?

It is obvious, at least to me, that the judge is giving mother every opportunity and more to correct mistakes and get it toghether. Mother is not on drugs or drinks but controlling as heck and extreme PAS.

4)Is there ever an appropriate way to handle a biased judge
From cases I have seen before he has been hard on but easy and forgivng on women.

27
Dear Socrateaser / Post Evaluation
« on: Feb 27, 2004, 11:54:00 AM »
We are two months post evaluation in which evaluator recommended change in custody. Ex and her attorney claim evaluator lied, misquoted and misunderstood her.
How can a documented liar now claim evaluator was not telling the truth?

Kids mom has committed fraud and I have messages she has left on answering machine as well as kids messages indicating mother said they could not go with me.
Of course they want another eval done. While she has residential custody currently there is no hurry. I feel the very biased attitude from the judge in giving her every opportunity to succeed and correct her mistakes.  This whole best interest of the kids in my opinion is a way of saying the system does what it wants. It's very frustrating to win but then have evrything up in the air again.

28
Dear Socrateaser / Questions/Comments In front of the Bench
« on: Jan 07, 2004, 04:28:56 PM »
Is is ever appropriate to comment while stading in fron of the bench with your attorney in front of the judge?

At last hearing I thought more should have been said about 604B and dragging out of process. Would it have been appropraite for me to lay out my concerns when the judge asked if there was anything else?

29
Dear Socrateaser / Evaluations
« on: Dec 02, 2003, 12:16:05 PM »
Socrates ,
Court appointed attorney for kids. Kids attorney chose evaluator. How likely will the judge go with the recommendations of the evaluator as neither side really chose this evaluator. If one party does not like the evaluation can they get their own? Again how likely is the judge to agree to it as it will just drag out the process and the initial evaluator is neutral as she was chosen by the kids appointed attorney.

What can be done to stop the dragging out of the process by requesting another evaluation?

30
Father's Issues / Sanctions
« on: Mar 04, 2008, 01:44:30 PM »
Mom has filed or caused to be filed a Children and Family Services report every year since 10/2005. All were deemed unfounded. Mom also filed bogus order of protection which was tossed.

What type of sanctions can I petition for?

Also currently in contempt and was previously found in contempt

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