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Author Topic: counseling  (Read 1142 times)

mango

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counseling
« on: Jun 15, 2005, 01:47:32 PM »
We (father) are going pro-se. Ohio court, 50/50 plan. Child is 11.

BM wants sole custody based on child's wishes. (which is influenced by the mother)
Child has been interviewed by GAL and she has stated that she only wants to see father 12 DAYS per year. (no clue where that number came from) GAL states she MUST address the wishes of the child, she will not reduce his time to 12 days but will reduce it considerably based on childs wishes. The child states she feels like an outsider. This has been instilled by her mother constantly telling her she should not be with us, and we "don't care" about her etc.

This is our 4th time in court with BM trying to get sole custody, and court has always recomended shared parenting because there is no drugs, abuse, or neglectful parenting.

We told the GAL there is heavy programming/manipulation, and she said it was somewhat "obvious" but she still needs to address what she "says" she wants.

She recommended some family counseling. But the mother is strongly against it. We feel it's needed, but the parenting order states "both parents need to jointly consult in medical etc etc)

1.) Can the father request a motion by the court that the GAL's recommendations be put on hold until the child has some counseling. Then have to GAL re-asses the child's wishes later?

2.) can he file a motion to force counseling?

3.) If so, ...can you help us word it?


socrateaser

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RE: counseling
« Reply #1 on: Jun 15, 2005, 05:42:10 PM »
>1.) Can the father request a motion by the court that the
>GAL's recommendations be put on hold until the child has some
>counseling. Then have to GAL re-asses the child's wishes
>later?

Yes.

>2.) Can he file a motion to force counseling?

If you have some objective evidence that the other parent is trying to turn the child against you, then that could get you an eval.

The question for me is why does the mother keep coming back on the same issue? Has anything substantial changed in the child's life? If not, then I would move to have the matter dismissed, because the other parent is showing an unhealthy hostile attitude by filing multiple actions without any new evidence. If you win the argument, you could get sanctions to discourage future "vexatious litigation."

>
>3.) If so, ...can you help us word it?

mango

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RE: counseling
« Reply #2 on: Jun 16, 2005, 12:01:11 PM »
Well I looked up our Ohio Revised code, and it states a substantial change in circumstances/or the childs needs are not being met.

The GAL seems to think the driving between the two homes is not suitable for a 50/50 plan because it's 35 minutes. So she wants to eliminate the dads weekdays.

However (last go around when mother was mobile, the school district was up for grabs) she purposely chose an apartment far away from the father. We argued for teh father to have the school district because of the distance between the homes, and the BM should have chose an apartment closer.  We brought it up in court and they didn't seem to concerned with the distance at that time. We then agreed to her school district. Only for it to bite us now, because she is using the distance between the homes to rid the father's time, claiming it to be a hardship. The GAL is all for it.

We are pro-se, and do not know if we can go to court and state that no substantial change has occured. Especially when the GAL is hot and heavy on decreasing the time for dad.

We also want to see her get counseling because she is turning against her siblings, friends etc. on fathers side. Decreasing time will only sever the ties more.

We have tape (phone) recordings of the manipulation but dared not give that to that GAL for fear of her disapproval of infringing on their privacy. We would like to bring these forward in counseling to capture the bahavior of the BM first hand.

1.) Wouldn't objective evidence be that she doesn't want to see us anymore? Also that she is stating that she hates her siblings, and once loved them? What is onjective evidence exactly?

2.) Won't the courts jsut do what the GAL recomends anyway?

socrateaser

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RE: counseling
« Reply #3 on: Jun 16, 2005, 12:45:26 PM »
>1.) Wouldn't objective evidence be that she doesn't want to
>see us anymore? Also that she is stating that she hates her
>siblings, and once loved them? What is onjective evidence
>exactly?

Well, the court will certainly consider the child's wishes. I would be asking the court for a psychological eval of the child to determine why the child is so hostile to you, on grounds that the GAL is not an expert in mental health issues, and therefore, cannot adequately address this issue.

On the move issue, the question is: Who moved and created this problem -- if it was you, then that certainly will work against you -- if not, then you have a much better position.

>2.) Won't the courts jsut do what the GAL recomends anyway?

I don't read tea leaves -- I don't know the GAL nor the judge, so I have no comment.

 

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