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Messages - Windd

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31
Dear Socrateaser / Rule to Show Cause
« on: Jun 03, 2005, 03:20:09 PM »
Rule to show cause was filed against mom. She has decided to stop paying him?

What is rule to show cause?

How serious is a filing of rule to show cause?

What are possible repercussions, other than money penalties?

Would filing of bankruptcy discharge debts owed to court ordered therapist and GAL?

32
Dear Socrateaser / Judicial Discretion
« on: May 12, 2005, 03:35:23 PM »
Judge has indicated to mom that she will not have to pay the statutory guidelines(28%) for support.

Is there anyway to over come this "discretion"?  How can judge be held to honor the guideline?

I feel mom is getting a break and is basically being told she is getting a break. I am sure I would not be offered the same opportunity. The laws are written to be neutral but as always its the application of those laws that often is biased.

33
Dear Socrateaser / RE: Question on Parenting Plan
« on: May 06, 2005, 02:23:39 PM »
It's three pages not five.

34
Dear Socrateaser / Question on Parenting Plan
« on: May 06, 2005, 11:10:02 AM »
Socrateaser, Can I email a parenting plan to you, it's maybe 5pages, and get your input on wether it has enough "teeth" in it.

35
Dear Socrateaser / RE: Braking the rules...
« on: Apr 26, 2005, 02:37:27 PM »
Mom works nights with her off nights being Wednesday night and Thursday nights. Mom will have the kids on these nights until Friday evening with every other weekend.

It’s not a question of if, but when the mother will be moving now that she has lost residential custody. 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) for getting the kids to school. It will be longer when weather is not good and/or on public transportation.

1) How would you word document in order to keep elementary school children from
    having this type of commute?


At some point the distance between residences makes the right of first refusal ineffective if not impossible.

2)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 if distance between
    parents is 25-30miles?


Mom may 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).

3) 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?


She will say she is not working but leave the kids with someone and then go to work.

4) How can mom be prevented from not letting father know when she is not working?
     How can this be avoided? What if any sanctions can be recommended?



36
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?





 



37
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?

38
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?


39
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.

40
Dear Socrateaser / RE: Expert Witness
« on: May 25, 2004, 02:34:54 PM »
Joint would be the standard both parents have say so and rights in education, religion, health care etc... and one parent considered residential parent and one pays child support.

Shared legal custody I am thinking is time is actually "evenly" split and neither parent pays"childsupport". In this paticuliar case one parent works nights and the other works days. Child stays with one parent at night, while the other parent is at work. The parent who works nights picks the kids up from school, while other parent is at work, and keeps them till the evening.

Children benefit from maximum exposure as parents work opposite shifts and no child care is needed

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