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What can we do next?

Started by Romersgirl, Apr 05, 2005, 12:08:36 PM

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Romersgirl

My DH and I have physical and legal custody of my 2 step sons.  The BM has supervised visitation at her mothers house.  The BM comes and goes most of the time not seeing the boys on her weekends.  

1.  She's constantly bringing new boyfriends around the boys when she does come in town, is there any way we can make it so there's not a continual parade of different men?

2.  The house (which the GAL never visited) in which her mother lives and the BM visits to see the boys has dog poop everywhere and the boys dont have their own bed, they sleep in recliners, can we move the supervised visitation to a more suitable location?

3.  BM has taken us back to court several times to get her unsupervised visits, everytime pissing the judge off!  Can't we avoid going to court every other month when her circumstances that got the custody and visitation taken away in the first place haven't changed?

4.  She has not job but we are going for child support, I know through DCSE the state minimum is $65 per month, but is this for both children or is it per child?

thanks!

socrateaser

>1.  She's constantly bringing new boyfriends around the boys
>when she does come in town, is there any way we can make it so
>there's not a continual parade of different men?

You can file a motion for an order to attend the visitations alone, but unless the boyfriends are a likely danger, or there is past evidence of the mother's placing the children in harm's way, the court will probably deny your motion.

>
>2.  The house (which the GAL never visited) in which her
>mother lives and the BM visits to see the boys has dog poop
>everywhere and the boys dont have their own bed, they sleep in
>recliners, can we move the supervised visitation to a more
>suitable location?

You will have difficulty proving your case in court. "Dog poop everywhere" is a pretty vague statement. The question for the court is whether or not there is dog poop on the recliners! If not, then this argument will make you appear hostile, in my opinion.

>3.  BM has taken us back to court several times to get her
>unsupervised visits, everytime pissing the judge off!  Can't
>we avoid going to court every other month when her
>circumstances that got the custody and visitation taken away
>in the first place haven't changed?

If all of the hearings have been resolved in your favor, and the other parent continues to press the same arguments without new evidence, you can ask the court at the hearing for a contempt sanction, on grounds that the mother is wasting the court's time and yours with frivolous actions. But, you need at least three hearings on the same issue with the same facts, before you're gonna get this.

You could also sue the mother in small claims for wrongful institution of civil action, on the same evidence. But, if the mother has no income or assets, you'll never collect, so it will just be a waste of time.

>
>4.  She has not job but we are going for child support, I know
>through DCSE the state minimum is $65 per month, but is this
>for both children or is it per child?

Different guidelines for different States, and sometimes a hardship deduction for low income support obligors. I can't really answer this question without research and I don't have time.