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Need help about refusal of visitation and more. Please help!

Started by ravenx329, Oct 10, 2005, 07:52:51 AM

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ravenx329

I am new to this so I am not sure what all the abbreviations stand for, but I will tell my story and see if anyone can help or give me any advice.
 
    My name is Jason I am a 31 year divorced father of one beautiful lil girl whom is 8 years old. Me and my x have joint custody, at least that was my understanding until last Friday. I am a very kind hearted person and will do just about anything for anyone.

   Anyways to get to the chase... I have for two years been picking up my daughter and my x wife and her husbands kid from school, (why her other kid? it was so I could see mine every day) Well about 5 months or so ago I had noticed bruises on my daughter consitent with fingers (there were four bruises in a row on her forearm) I asked Alexis (my daughter) where they came from and she told me her mother had gotten mad and drug her through their house and locked her in her room. I had contacted my x wife about the bruises and she said she may have gotten a little carried away, but it would never happen again.

  That didn't matter to me. The next day I took my daughter to my x wifes DR. and had him examine her arm and my daughter told him my x did it and why. The Dr said he would chart it. After that things strated getting better until my lil girl and I were going through a flea market and we passed a "tobacco" stand and my lil girl said Kenny made mom one of those. I said one of what and she pointed out a Glass pipe. I asked "well does she use it?' her reply was yes but only outside. I then asked, what does she tell you it is for?? Alexis said it is for when she runs out of cigarettes. I told my daughter that it was called a crack pipe, and I then called my dad who is a retired K-9 police officer from the Louisville PD to explain to my lil one what a crack pipe was. Well the next day my lil one called me and told me "daddy I broke her pipe and stomped it into little peices. I asked her if her mom had a little wooden cigarette box in her purse, she said yes. I told her what that was and she threw it into the pond.

    Well skip forward to friday of 2 weeks ago. I was dropping off my x wifes son and letting Alexis say goodbye cause she stays with me on weekends, well my x started yelling at her screaming "if you act like you acted this morning I am not going to slap you this time I am going to put my fist to your face' !!!  I got very angry and took Alexis and drove back to my house ans I was going to go to the police station but my lil one was crying that she didn't want her mom to go to jail, so I said ok and went home. Why? well I live next door to the deputy Sherriff and I went over to him as he was luckily off duty. I told him of the incident. He reported it to social services.
   
     They came and did a sweep of the x's house and asked questions to Alexis in the presense of her mother, which to me defeated the purpose because my lil one is terrified of my x and said everything was good, and the lasty asked Alexis if she had three wished what would they be. Well she wasn't going to say anything negative in front of her mother, so she said an Airconditioner in her room, a new DVD player and something else. (Why do I know this?? because I went to the school where my daughter attends and ate lunch with my daughter and asked her because the social worker wouldn't tell me) Well after eating lunch with my daughter, the principal stopped me and said I have been removed from the pick up/ drop off list and was no longer allowed to eat lunch with my daughter either. I asked why not and she told me that it was because my x is the primary custodian, and she gets to make that ruling, not me.

  Since that monday I have not been able to speak, see, or have my daughter. I call their house and they wont answer the phone. I tried calling from a payphone, no answer, I call her cell phone and leave messages, no response. I am on disability and can not afford a lawyer but I am not ignorant to the juditual system either so I am a Notice- motion and amendment and put our case back on the docket. Sent a certified letter to the x wife, made a police report for violating custody orders, have issued a request for the DR files on my daughter from the DR who examined my daughters arm. But what has me stumped is what can I do til my case goes to court!!!

  My daughter is in a hazardous houshold and I don't know if she is being mistreated, or being hurt, or what is going on there. Our court date is almost a month away. Can I summon (sp) my daughter to court if necessary, and will written statements be enough as far as what people have seen my x do to my daughter as far as smacking her face, etc?? Can I go to my x's  house without being arrested for harrassment just so I can see my daughter and if so do I need to bring a cop along in case I get shot for being on their property?

      I mean they live out in the country, and my x is very mean. I need help in the worst way can anyone here help me??? if so email me at [email protected] or leave a message here for me. I really need some help. I love my daughter and she is all I have.
Thanks you in advance,
Jason


FIRM

You have done good and you have done bad.

We need to keep adult stuff to the adults.  Therefore, denigrating a fellow parent is not so good (bad).

You followed up on things pretty good.

However, have you been documenting your time outside your normal custodial time?

Have you followed the advice of the local sheriff about contacting Child Protective Services (CPS or whatever it is called in your state?).  I always "cringe" when I mention CPS, but sometimes, they are of help...

Are you aware that suspected abuse MUST be reported by your child's school and doctors?  Have they?

Have you recorded or taken pictures of anything related to your allegations?

The above is certainly not inclusive in questions, but are designed to get you thinking and to start doing what is in those questions if you have not done so.

You have an uphill battle and to reverse custody, get her on supervised custodial time will be like "pulling teeth" because you are male, vindicatve (so "they" will say), judges are always wary about changing the status quo and etc.

I posted a very long post recently here:

http://www.deltabravo.net/dc/dcboard.php?az=show_mesg&forum=100&topic_id=9852&mesg_id=9853&page=

It would behoove you to know that post, inside and out.  It will give you the ammunition that you so desperately need...

There are many ways to word motions.  Below is an example of how and why you need to word motions to gain the most effect:

Below are two filings from the same person about a year or so apart that was posted on //www.DadsDivorce.com, discussion board.  The latter one is with a lot more experience.  They both looked good, to me.  The primary difference is the wording of the two.  A discussion of why the wording is different follows after the 2nd example.  I think that that discussion can help you a lot.

Good luck,

Eric

Date:   02-01-04 07:56

This and much more can be found in the FIRM's Document pages. More ideas in the Legal Help and FAQ's:

IN THE DISTRICT COURT OF THE STATE OF IOWA
IN AND FOR WORTH COUNTY

IN RE THE MARRIAGE OF Name Deleted AND Name Deleted

UPON THE PETITION OF
Name Deleted, EQUITY NO. Deleted
PETITIONER,

AND CONCERNING PETITION OF MODIFICATION
Name Deleted OF DEFAULT DISSOLUTION
RESPONDENT DECREE

COMES NOW, Petitioner, and in this Petition, states to the Court as follows:

That the Marriage of the parties' was dissolved by Default Decree of the Worth County, Iowa District Court on March 25, 2002, a copy of said Decree attached hereto as Exhibit 1.

That the minor child of the parties whose welfare is affected by this Petition is Name and date of birth deleted.

That a substantial and material change in circumstances of the parties has occurred since entry of the Decree of Dissolution.

(a). The Custody of the party's minor child should be
Modified so that the Respondent has supervised or
restricted visitation and Physical and Legal Custody
should be granted to the Petitioner/father for the best
interests of the party's minor child.

Petitioner has photographs taken of suspected
physical abuse towards the party's minor child
by Respondent and Respondent's boyfriend, attached hereto as Exhibit 2.
The suspected Physical abuse has been reported to
DHS and an Appeal of investigation is pending the filing of this Petition.
The Respondent has been investigated six (6) times
in the past year by DHS for various reasons, attached hereto as Exhibit 3.
The child's environment while in the Respondents
home is filthy and is not safe or healthy for the child.

The Respondent is not performing parenting
functions, the Respondent regularly leaves the child with a babysitter or with the Respondent's boyfriends mother overnight or late into the night and the child spends all day at daycare while the Respondent is at work.
The child requires a stable home life and the
Respondent is unable or unwilling to provide that to the child in the Respondents home.
The Respondent seems to have become more
unstable in thought and judgement recently where the child is concerned.
The Respondent admitted to the Petitioner/father
and the Petitioner's brother (whom she accused of sexually abusing the party's child) that the accusation was untrue and she apologized for accusing him, attached hereto as Exhibit 4.
In one of the reports filed by DHS, the Respondent
made untrue accusations regarding the Petitioner to a State Official that was clearly untrue, attached hereto as Exhibit 5.

(b). The Respondent is a Flight Risk

The Respondent has left the state with the party's
Minor child on several occasions for two (2) consecutive days or more and has not notified the Petitioner/father.
The Respondent has a history of fleeing the state
With the party's minor child and has on several occasions stated that she intends to do it again but the "next time will be for good".
Respondent has stated that she will do "whatever
it takes" to remove Petitioner/father from the child's life.
The Respondent has on several occasions stated
that she would take the child out of the state so that the Petitioner/father would never have access to the child again.

(c). The Respondent has consistently interfered in the
Parent/Child relationship and the Petitioner's
parenting functions.



The Respondent has withheld from the
Petitioner/father access to the child for a protracted period of time without good cause. The Respondent has not allowed any kind of contact either verbal or physical since July 26, 2002.
The Respondent has denied visitation to the
Petitioner/father on three (3) documented occasions and seems to have no intention of allowing contact in the future. A copy of the denial(s) of visitation is attached hereto as Exhibit 6.
The Respondent consistently and continually
refuses to alert or inform the Petitioner/father to
any event that is happening with the child. (doctors
visits)
The Respondent has refused to disclose the child's'
Preschool and Daycare locations or contact information to the Petitioner/father.
The Respondent has been consistently hostile,
demeaning and argumentative towards the Petitioner/father in front of the child, attached hereto as Exhibit 7.
The Respondent has used the child as a
weapon against the Petitioner/father, which has caused severe emotional damage to the child.
The Respondent refuses any telephone contact
Between Petitioner and the parties minor child.
The Respondent obtained a Default Judgement by
Means of unfair surprise. The Respondent agreed to work out with the Petitioner the disputes over custody together, and then went to Court and obtained a Default Judgement. The Petitioner took Respondents words in Good Faith, and was later told by Respondent when confronted by Petitioner that, " I Lied, I told you I would do what I have to to get you out of Savannah's life," then terminated the conversation, a copy of the phone bill is attached hereto as Exhibit 8.

4. The Petitioner/father is submitting a Proposed Parenting Plan that is in the best interests of the party's minor child. A copy of the Proposed Parenting Plans is attached hereto as Exhibit 9 and 10.




WHEREFORE, PETITIONER PRAYS, that the Court fix an immediate time and place of Hearing on this Petition and prescribe the Notice to be given thereof to the interested parties herein and on that said Hearing the Court finds and determine the allegations of this Petition to be true and correct and on said finding modify the custody to Petitioner and modify visitation to supervised or restricted visitation only consistent with the best interests of the minor child of the parties':
WHEREFORE, PETITIONER PRAYS, that on said Hearing he have and be given such other and further relief as to the Court may be equitable in the premises.



________________________
Petitioner's Name Deleted






STATE OF IOWA, )
) SS:
WORTH COUNTY, )

I, Name Deleted, being first duly sworn upon oath, depose and state that I am the Petitioner in the foregoing matter; that I have caused the foregoing Petition to be made; that I have read the same, know the contents threrof and the statements contained therein are true and correct as I verily believe.



_______________________
Name Deleted


STATE OF IOWA, )
) SS:
WORTH COUNTY, )

On this____ day of______, A.D., 2002, before me, the undersigned, a Notary Public in and for the State of Iowa; personally appeared Tony James Johnson to me known to be the person named in and who executed the foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed.


______________________
Name Deleted

IN THE DISTRICT COURT OF THE STATE OF IOWA
IN AND FOR WORTH COUNTY

IN RE THE MARRIAGE OF MYSTY MARIE JOHNSON AND TONY JAMES JOHNSON

UPON THE PETITION OF
Name Deleted, EQUITY NO. Deleted
PETITIONER,

AND CONCERNING
Name Deleted, ORIGINAL NOTICE
RESPONDENT.
************************************************************************

TO: Name and address deleted.

YOU ARE HEREBY NOTIFIED that a Petition to modify custody and visitation has been filed in the office of Clerk of this Court. A copy of said Petition, and any attachments, is attached hereto. The Petitioner is Pro-Se.

YOU ARE FURTHER NOTIFIED that you must serve a motion or answer within twenty (20) days after service of this Original Notice upon you, and, within a reasonable time thereafter, file your motion or answer with the Clerk of Court for Worth County, at the County Courthouse in Northwood, Iowa. If you do not, judgement by default may be rendered against you for the relief demand in this Petition.

If you require the assistance of auxiliary aids or services to participate in Court because of a disability, immediately call your district ADA Coordinator at 641-421-0990. (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942).



_________________________________
CLERK OF THE DISTRICT COURT
WORTH COUNTY
NORTHWOOD, IOWA

IMPORTANT: YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS.
 
 
Author: Tony James (---.nas3.sioux-city1.ia.us.da.qwest.net)
Date:   02-01-04 11:13

Eric,

Just thought I'd let you know this is the first petition my wife had typed up for me to go pro-se. She must have submitted it to you for help? Just hadn't seen it in a while, and notice, how far my petition today came from the first one my wife and I drew up.


Author: Eric (---.nas28.somerville1.ma.us.da.qwest.net)
Date:   02-01-04 12:10

Tony,

I was not aware that your most recent petition and this petition, were yours...

The petition above was dated per my records, about 11-25-2002 not, 2003, but 2002...

I think I got this petition from a poster on //www.CustodyReform.com if I remember correctly...

So, the petition below and the one above are both of yours?

Eric


Petition to Modify Custody and Visitation

IN THE DISTRICT COURT OF THE STATE OF XXXXX

IN AND FOR WORTH COUNTY

IN RE THE MARRIAGE OF XXXXX XXXXX XXXXXXX AND XXXX XXXXX XXXXXXX

UPON THE PETITION OF, *
XXXX XXXXX XXXXXXX, *                              EQUITY NO. CDDM000614
RESPONDENT, *

AND CONCERNING, *

PETITION TO MODIFY

XXXXX XXXXX XXXXXXX * DEFAULT JUDGEMENT-

PETITIONER. * ENTRY MODIFICATION

* OF VISITATION RIGHTS
***********************************************************************

COMES NOW, Respondent, and, in this Petition, states to the Court as follows:

1. That the marriage of the parties was dissolved by Default Decree of the XXXXX XXXXXX, XXXXX District Court on March 25, 2002. A copy of said Decree is attached hereto as Exhibit "A".

2. That the Visitation Rights of the Respondent were modified by Default Decree of the XXXXX XXXXXX, XXXXX District Court on September 3, 2002. A copy of said decree is attached hereto as Exhibit "B".

3. That the minor child of the parties whose welfare is affected by this petition is XXXXXXXX XX XXXXX XXXXXXX, XXX 00/00/0000.

4. That Petitioner has allowed the parties minor child to be in a vehicle with an unlicensed driver, the Petitioner's boyfriend, that has seizures, during the time the minor child is with the Petitioner.

5. That report, by mandatory reporters, to officials' appropriate in the circumstances has occurred said officials' investigation of said report pending on the filing of this Petition.

6. That Petitioner is unable or unwilling to facilitate Court Ordered Visitation between the Respondent and the parties minor child.

7. That Petitioner is unable or unwilling to facilitate telephone contact between Respondent and the parties minor child.

8. That Petitioner is unwilling or unable to facilitate contact between the parties minor child and her extended family, which is not limited to, but includes, Grandparents, siblings, aunts, uncles, and cousins.
9. That Petitioner is willing to interfere in ongoing Court Ordered Visitation by calling Sheriff's Department during Respondents Court Ordered Visitation time. A Copy of said Sheriff's report is attached hereto as Exhibit "D".

10. That Petitioner has been uncooperative with the Court's Original order dated March 25, 2002, in which Petitioner is to keep Respondent informed of any and all medical, dental, and educational appointments.

11. That Respondent contacted Petitioner and Petitioner's Attorney in an attempt to set up voluntary mediation to work through the parties difficulties in adhering to the Court order and making amicable changes to further benefit the parties minor child, Petitioner was unwilling to facilitate that option. Copies of letters are attached hereto as Exhibit "E".

12. Respondent states that a material, substantial, and continuing change of circumstances has occurred, which include, but are not limited to:

A. Petitioner's unwillingness to facilitate and foster the relationship between the Respondent and parties minor child.

B. Petitioner's unwillingness to facilitate contact of the parties minor with members of her family.

C. Petitioner's unwillingness to work with Respondent in working out the best possible solution for the parties minor child to have a meaningful and ongoing relationship with both Parents.

D. Petitioners unwillingness to have a home phone number where child can be reached.

E. Petitioner's unwillingness to allow Respondent information as to where the parties minor child is before and after school, and on the days parties minor child is not in school.

F. Petitioner's unwillingness to follow the court order in reference to the Visitations being supervised by either a member of the Petitioner's family or a Public Official. Petitioner is unwilling to follow the court order and appointed Petitioner's boyfriends' mother, whom is not a member of Petitioner's family or a Public Official. Respondent discussed this with Petitioner , and Petitioner chose to disregard this.

WHEREFORE, due to the changes in circumstances stated herein, Respondent respectfully requests that this Court modify the Final Judgment and Decree of Divorce entered in this cause on March 25, 2002 and September 3, 2002, in Worth County Iowa District Court, to wit:

1. Terminate Petitioner's Sole Physical and Joint Legal Custody of the minor child, and award a judgment of Joint Physical and Joint Legal Custody as it is in the best interests of the child to do so;

2. Modify the existing Visitation Order and incorporate the attached Respondent's Shared Parenting Plan into the Modification as it is in the child best interest to have a meaningful relationship with Both parents:

3. Terminate Respondents child support order and order child support pursuant to Shared Custody child support guidelines for Iowa;

4. Award Respondent three hundred forty-four (344) hours of make up time for denied visitations by Petitioner;

5. For any such other and further relief that the Court may deem just and proper in the circumstances;
WHEREFORE, RESPONDENT PRAYS, that the Court fix an immediate time and place of Hearing on this Petition and prescribe the notice to be given to the interested parties herein and that on that said Hearing the Court find and determine the allegations of this Petition to be true and correct and on said finding;
Modify and Grant Respondent Joint Physical and Legal Custody of the parties minor child, as it is in the best interest of the child to have an ongoing and meaningful relationship with Both Parents,

WHEREFORE, RESPONDENT FURTHER PRAYS, that on said hearing he have and be given such other and further relief as to the Court may be equitable in the premises.
__________________________________
XXXX XXXXX XXXXXXX
STATE OF XXXX, )
) SS:
XXXXX COUNTY, )

I, XXXX XXXXX XXXXXXX, being first duly sworn upon oath, depose and state that I am the Respondent in the foregoing matter; that I have caused the foregoing Petition to be made; that I have read the same, know the contents thereof and the statements contained herein are true and correct as I verily believe.
________________________________
XXXX XXXXX XXXXXXX
STATE OF XXXXX, )
) SS:
XXXXX COUNTY )

On this ____ day of __________, A.D., 2003, before me, the undersigned, a Notary Public in and for the State of Iowa; personally appeared XXXX XXXXX XXXXXXX to me known to be the person named in and who executed the foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed.
___________________________________
Notary Public in and for the State of XXXXXX


 Author: Tony James (---.nas3.sioux-city1.ia.us.da.qwest.net)
Date:   02-01-04 12:21

Yes sir they are. Like I said my wife and I have been working on this for quite a while, and until I found this site and your site and deltabrovo, I had no idea what was needed for a correct petition.

So, yea, both mine.

Tony James


Can you point out any legal distinctions between the two so that we can help others on what "not to do?"

Thanks,

Eric


Author: Tony James (---.nas3.sioux-city1.ia.us.da.qwest.net)
Date:   02-01-04 13:10

Oh heavens yes. The first thing I learned was to use "unwilling, or unable" instead of direct accusation, i.e.

Petitioner denies court ordered visitation, instead use "Petitioner is unwilling or unable to allow court ordered visitation"

Most of the statements in the first petition were "he said" "she said" In the 2nd petition, I used only facts that I could support by documentation, phone logs, letters of intent to exercise visitation, which by the way were sent to ex, ex's attorney, and the clek of courts.

Everything in my 2nd petition, is well documented, and journals, all police reports, DHS reports, phone logs, as well as notarized statements. I have letters from both my side and my wife's side on how long its been since they have seen our daughter, and of course the "list" from Tom, I went through all of that and took what I needed and all that is documented.

I first made sure I understood the district court rules used in the county its held in, and then the rules of civil procedure. I also went through all the case files I could find that pertained to custody, visitation, and denials, parental alienation, all that. And the all important, Iowa statute of child custody. I can go through the whole statute and show what I have and can do, compared to what she has and wil lawys do.

So, that is the basics. Mostly, the 1st petition was just a basic outline, with allot of alledged things instead of concrete proof. The 2nd one, every statement in that petition is well provable. The almighty paper trail. The best thing since wheels.

Tony James


Author: Eric (---.nas22.somerville1.ma.us.da.qwest.ne)
Date:   02-01-04 14:46

I just assumed that you had documentation and proof in the first one...

Most petitions I have seen are of the accusatory nature. So, what is the psychological advantage of unwilling or unable as opposed to they did?

Eric


Author: Tony James (---.nas3.sioux-city1.ia.us.da.qwest.net)
Date:   02-01-04 16:13

Its basically telling the judge, that the previous ruling, of the court ordered visitation, the ex, whomever it is is "unwilling" to follow the orders that the judge issued. It basically tells him/her, that the petitioner or respondent, refuses to follow what the court has granted to the opposing party. Therefore, its a willful contempt of what the judge says, that the parson that is "unwlling" doesn't really give a rats rearend about what the judge orders. Makes the bad party look worse.

I did have some documentation, and some proof, although not as much or a thorough as I do for the 2nd petition.

That is one of the things Shy told me, she had conferred with an attorney, and he guided her to those words.

Good luck,

Eric

ravenx329

   I had called CPS yesterday to see if they had an investigation in re to my ex-wife. they said yes and it was open and could not give me any details because it is confidentual. I understood that. Ok. I have alos goten the documents from the police station where I called about my x denying visitation, just for court purposes only. The police, until we go back to court can not do anything.
   
   I am getting a letter from my x's aunt who is the same age as my x stating that I am a good parent and I don't know what else it will say. I have also gone to the school where my daughter attends and asked the principal to please write me a letter explaining who and why I was taken off my daughters pick up drop, off, and visiters list. She is also writing me a letter to let the courts know that I have been picking both my daughter and her son up from school for the past two years until two weeks ago Friday.

     I am also having the lady at the board of parks and recreation write me a letter for the courts to let them know how active in the community I have been ex. T-ball coach, basketball coach, G-ball coach, soccor coach, schaperone (sp?) for kids in need, field trips, tour guide, etc.

     I have also since I have not been getting my daughter keeping a journal, skipping no lines, writing on front and back, documenting everything I do, who I call, when I call, the # and time I call, where I go, and whom I went to see and the time I went to see them.

    I have a court date on the docket in the county we were divorced in and where custody was set. I have sent my ex a certified letter of the petition, notice, motion, order and amendment to our current custody that is in the system since we have never followed that order. I have had Alexis (my daughter) every weekend from friday at 3:00pm til sunday at 8:00pm, and every day during the week except wednesday from 3:00pm til 5:30 pm.

   so if you see any stone that I have left unturned please let me know and thanks for the advice and the link in the other post.

Jason

Kent

1) If your ex doesn't live in the same county as where the custody order was done, and your ex has lived in a different county for more than 6 months, then the county you filed your motion does not have jurisdiction, and you are wasting time. You need to file motion in the county your ex and daughter have lived for the past 6 months.

2) Certified letter does not constitue a certificate of service. You need to have your ex served with the papers by a law enforcement officer.

3) As far as your desired changes go, keep in mind: "Ask for the world, settle for what you want".

4) I HIGHLY recommend to hire an attorney for your court appearance. I know it's expensive, but, unless you are very familiar with family law and court proceedings, you cannot afford to not have an attorney. (Just for experience, go to Family Court for a day, just to see how things go around there, and then see if you're up to that).

5) Getting a letter from an aunt, school principal, etc. will not do you any good, since these are not offical affidavits; opposing counsel will have them thrown out as inadmissible. An attorney will be able to help you get an affidavit from them, but it would be so much better if they would testify on your behalf in court, or at least give a deposition. To either one, you can subpoena them (even though they will not appreciate that).

6) Check if you are in a one-party state, and if you are, start recording any and every interaction you have with your ex.
If you are not, then once tell her that from now on, all interaction will be recorded, make sure you record that too, and then you're good to go.

Kent!

ravenx329

#1      I don't know about other states, but here in the commonwealth of Kentucky starting in the year of 2003 all that you need to do is have a court documented order for her to appear in court sent certified mail. If she refuses the mail or does not reply to the order then I must show the receipt of the certified letter to the court.
 
#2 in the state of Kentucky you have to go to the county in which you had the initial custody hearing regardless of how long you have lived in another county.

I agree wit your point on #3

 #4 I am on disability and because of the pay I was receiving while I was able to work was so good that put my disability at a high amount as well. In total without any type of food stamp, just money alone I get $1111 a month and my daughter receives $550 a month plus Passport for insurance, her money I had sent to her mother when we were doing the disability papers up because we were both on good standings. So what I am getting at is I can not afford an attourney, and I make to much on disability to qualify for assistance.

 #5 After I gather all the statement I am going to have them also filed as affidavits.

As for #6 here in Ky. a person is not permitted to record by either video or audio without the consent of the person in which you are recording. With my exwife that would be a very stern No.

I am not trying to act like I know every extent of the law but I have contacted the county attourney, the commonwealth attourney, the Kentuckt report line, the Commonwealth victims advocacy agency, 1-800 children, the cabinet for woman and families, as well as a judge who will not be hearing the case that I am bringing forward, to see what I needed to do as far as making my x come to court, as well as all doctor documents from my daughters family Doctor, and past documents from Kosairs childrens hospital for their documented records of abuse. Since I last posted today i have also obtained documents from the board of parks and recreation, where I have been a coach for every league for the past three years, from the Chief of police where I live as he was also a coach with myself, as to how me and my lil one interact with each other and how good I am with other kids. Oh and forgot to mention that CPS has an open case against my x although I am not a big fan of CPS.

    I am just trying to leave no stone unturned. If you or anyone else can think of anything else I need to do please let me know.
   thanks,
     J.