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Messages - foughtandwon

Pages: 1 23 4 ... 6
11
Dear Socrateaser / RE: help fast????
« on: Jul 25, 2005, 02:17:09 PM »
grrrrrrrr
headaches
jag ofiice no help
legal aid services not accepting casses til august

called the local court and as you said they advised that i would need an attorney to draw up the papers

first attoney called said no way gotta start in arizona

second lawyer said the same

but they both agree the judge shouldnt have signed such a thing due to the fact that the child lives in la

i have called the attorney that represented my son in the original case and i'm waiting to hear back from him.

i think my next move will be to try a couple others in az and maybe contact the judge that signed the document and explain that the child now resides in la





12
Dear Socrateaser / RE: help fast????
« on: Jul 25, 2005, 12:57:59 PM »
hey now thats Marine not soldier lol

thanks for all the input i am diggin up the number to my local jag office right now, at least to get things started

by the way thanks for making me more paranoid those pins i was sitting on just turned into burning hot daggers



13
Dear Socrateaser / RE: help fast????
« on: Jul 25, 2005, 12:34:10 PM »
so you mean that she has a chance of turning this whole thing around and regaining custody?

i was thinking the most she could do is get me for not following a non signed visitation plan. i thought for sure the custody part was safe

i was just reading up on az 25-414 and the penalties range from making up missed parenting time to paying her attorney fee's

at the end of the custody order it say something to the fact that az court will maintain jurisdiction over parenting time if parties are unable to agree.
with this being said will a temp custody order in my state still take precedence????

now about the whole serving thing. she doesnt have my home address but i did give her my work address can she try to say i am not giving her and address?


14
Dear Socrateaser / RE: help fast????
« on: Jul 25, 2005, 11:46:13 AM »
thanks for the quick reply as you can imagine i am sitting on pins here.

1 current custody order is in arizona

2 I live in lousiana

3 child has lived with me for the past year. he was sent to bm for x mas school break for 2 weeks

4 last school attendance was in lousiana

5 child just turned 6

6 just found out this afternoon bm took child to court house friday and had the child tell a judge that he doesnt want to live in louisiana

7 no

8 custody was givin to me after cps removed children from her care for medical neglect and possible sexual abuse. After she failed to comply with cps case plan for 1 1/2 years it was finally tried as a custody case.  i was awarded full legal and primary physical custody with reasonable unsupervised parenting time for her. the cps case continued on for her and a second child.



just found out this afternoon bm took child to court house friday and had the child tell a judge that he doesnt want to live in louisiana

during first visit (xmas break) bm took child to a doctor and reported that i was punching the child in the stomach. arizona cps investigated and had no findings for an investigation. a few weeks after that child teacher tells me that cps (in louisiana) was at the school to investigate reports of a black eye again no findings and a case not opened. so thats 2 false reports filed against me by the mother (most likey not directly by her)



15
Dear Socrateaser / help fast????
« on: Jul 25, 2005, 09:24:45 AM »
i'll try to make this quick

i was awarded custdoy via cps case almost a year ago.
court order was left wide open for interpitation and is worded as such
" reasonable unsupervised visitation " for  the mother.
I am active duty military and do not live in the same state so "reasonable is hard to determine"


my son was supposed to be returned sat night via airplane. after a somewhat delayed flight arrived he did not show. when i was finaly able contact the mother she said she has a temp. visitation order signed by a judge and that i should have been served already for a court date of aug **

i didnt get this info until 3am sunday morning. i called the courts this morning and they are of no help as of yet. i am being told that the info is not in the sytem and may take a couple fo days. when i asked the bm how to get  copy of the paperwork she replied with she doesnt know and that its my problem not hers.

at this point i have no idea what the hearing is for visitation order, custody ????????
if i had to guess it is to enforce a visitation schedule she wrote up but i refused to sign, because it was way to much in her favor




now my questions
1. how can i verify her story of a temp visitation order?

2. would such an order end on a said date, or would it have to be settled in court?

2. i do not have the money up front for a lawyer can i go to the court ask for my son to be returned to my custody and ask for more time to get an attorney to settle the matter?



16
Dear Socrateaser / RE: NEXT LEGAL MOVE?
« on: Feb 25, 2005, 09:24:50 AM »
thanks again
no the threats were not direct enough for me to take action against.

i have reveiwed the letter from the first reprt and in is worded as such.
"CPS has completed its investigation of the reports of child emotional abuse dated 12/20/04.  The reports of child emotioal abuse were unsubtantiated, and the case is now closed".


I have contacted the current case worker and am trying to get her to close the case as a "false" report. she was hard to read and wouldnt give me any answers though. just doing her job i guess.

been thinking of how to prove damage and can only think of :
damage of carrer, of course i have to inform my chain of command about this. It could infact slow or eliminate any promotion possability.

luckily i have been in the same unit since the begining of all this mess and they are aware of eveything.

my SgtMaj has instrusted me to start looking for pro bono programs in the area,

17
Dear Socrateaser / RE: NEXT LEGAL MOVE?
« on: Feb 25, 2005, 05:58:04 AM »
thanks for the info. I will read the first letter more closely to determine exatcly what it said and will work this CPS on this second report to see how they will close it.

If by chance it not just BM but someone in her imediate family do i still have a case?  I have her father on tape saying a few borderline comments about how rough he is going to make it for me.

what is involved in a defamantion action? As always i guess a Lawyer is needed for this.  


thanks again



18
Dear Socrateaser / RE: NEXT LEGAL MOVE?
« on: Feb 25, 2005, 09:24:50 AM »
thanks again
no the threats were not direct enough for me to take action against.

i have reveiwed the letter from the first reprt and in is worded as such.
"CPS has completed its investigation of the reports of child emotional abuse dated 12/20/04.  The reports of child emotioal abuse were unsubtantiated, and the case is now closed".


I have contacted the current case worker and am trying to get her to close the case as a "false" report. she was hard to read and wouldnt give me any answers though. just doing her job i guess.

been thinking of how to prove damage and can only think of :
damage of carrer, of course i have to inform my chain of command about this. It could infact slow or eliminate any promotion possability.

luckily i have been in the same unit since the begining of all this mess and they are aware of eveything.

my SgtMaj has instrusted me to start looking for pro bono programs in the area,

19
Dear Socrateaser / RE: NEXT LEGAL MOVE?
« on: Feb 25, 2005, 05:58:04 AM »
thanks for the info. I will read the first letter more closely to determine exatcly what it said and will work this CPS on this second report to see how they will close it.

If by chance it not just BM but someone in her imediate family do i still have a case?  I have her father on tape saying a few borderline comments about how rough he is going to make it for me.

what is involved in a defamantion action? As always i guess a Lawyer is needed for this.  


thanks again



20
Dear Socrateaser / NEXT LEGAL MOVE?
« on: Feb 24, 2005, 07:08:42 AM »
Dear Socrateaser
I tried reading and searching the forums as best I could before I came here but am now looking for an opinion on my next legal move.

backround info:
I have a 5 year old son. I was awarded custody in August of 04. The case was started by CPS. They investigated reports of sexual abuse and medical neglect. I had not estsablished any legal rights at the time. The case went on and it became apparent that it would be in the childs best intrest to live with me. The court battle went on for a year and a half and the BM mother is still involved in the case because she has a daughter. Bm fought every step of the way and claimed i was not the father etc. etc....
the court order gives me sole legal custody and primary physical custody. BM has resonable unsupervised parenting time. Being military I move a lot and this is always going to be a tough issue.


now the problem:
Not wanting to violate the custody order I agreed to send my son to see BM over X-mas break. Everything seemed to go smooth until 2 weeks after the vist, CPS calls and said they had to investigate reports of emotional abuse (this is out of state). I was informed that they investigated and closed the case. Now i cant point fingers but a blind man can see who made that report. When i question BM about it she says she aslo took him to a doctor because he said i was punching him in the stomach( I guess since emotionl abuse didnt work she wanted to claim physical abuse). I asked for the doctors name and number so that I can get a copy of the report to put in his medical records and she refused to give it to me.


At this point I started recording all phone conversations. I informed her about recording the calls and she said fine.

A few days ago I pick my son up  from school and his teacher is very upset and wants to talk to me. She told me CPS had came to the school and investigated reports of a black eye. There was never a black eye. My son had bumped the side of his head on a table in a resturaunt. When i looked at it i told him he might get a black eye. He repeats that during a phone conversation and a week later CPS is on my door step. again CPS cant tell me who made the report but like I said its not to hard to figure out.  

now my question.

I now have two false reports made against me, by either BM or her family. Can I take any action here and try to get BM rights terminated? If not at least supervised visits? I really dont want to live my life thinking CPS is going to show up every 2-3 months to investigate false reports. I asked CPS what they would do if a person continues to make false reports and was told they would give a verbal warning but that is about it. If this is not enough to change the custody order is there any other legal action I can take to her.






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