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Author Topic: custody/ CA  (Read 1100 times)

mishelle2

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custody/ CA
« on: Jan 20, 2006, 09:53:48 PM »
Soc

background, bm/bf have joint legal, mother has sole physical with father having eow 1/2 of all school breaks and mid week visit. BF petitioned for joint physical of 12 year old son, at hearing commissioner asked to interview child.. bf .. said yes as child had all ready stated he wanted more contact with dad to mediator bm agreed to interview.

 Interview was set, then changed by commissioner as she had an emergency, Interview was re-scheduled, only bm attorney was notified of date. BF attorney found out about interview after it had taken place. Son told bf that bm and her attorney told him what to say.

Commissioners ruling came back, bf lost.. not only on his motion for 50/50 timeshare but one of his mid week visits as commisioner  thinks son misses homework so mainly for school purposes she is taking away a mid week with bf.


fast forward.. new school year.. son has had an F in every class at least once this year (have copies of progress reports) but bm helps him catch up and bring it up to an A before report cards go out.  BM has admitted to father that child is with her parents during week therefore she really cant keep a close eye on his schooling

question:
1. Could father petition for more custody based on childs grades?
(father is available every day after school)

2. Any other input??

3. Are we SOL unless son tells bm he wants to be with dad more?


socrateaser

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RE: custody/ CA
« Reply #1 on: Jan 21, 2006, 12:02:32 PM »
>fast forward.. new school year.. son has had an F in every
>class at least once this year (have copies of progress
>reports) but bm helps him catch up and bring it up to an A
>before report cards go out.  BM has admitted to father that
>child is with her parents during week therefore she really
>cant keep a close eye on his schooling
>
>question:
>1. Could father petition for more custody based on childs
>grades?
>(father is available every day after school)

>If the child gets an A, then the child gets an A, and it doesn't matter how it's accomplished. I don't see a case for a change in circumstances.

If the attorney coached the child as part of the prior determination, then you should have put the kid on the witness stand and directly asked about that. The child wasn't the attorney's client, therefore there was no privilege, and the child would have had to answer. If the child had answered that the attorney coached, then the attorney would have been either suspended or disbarred.

This may still not have caused the court to reverse custody, but it certainly would have been good for the legal profession in CA.

>2. Any other input??

Nope.

>
>3. Are we SOL unless son tells bm he wants to be with dad
>more?

Yep.

mishelle2

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custody/ CA
« Reply #2 on: Jan 20, 2006, 09:53:48 PM »
Soc

background, bm/bf have joint legal, mother has sole physical with father having eow 1/2 of all school breaks and mid week visit. BF petitioned for joint physical of 12 year old son, at hearing commissioner asked to interview child.. bf .. said yes as child had all ready stated he wanted more contact with dad to mediator bm agreed to interview.

 Interview was set, then changed by commissioner as she had an emergency, Interview was re-scheduled, only bm attorney was notified of date. BF attorney found out about interview after it had taken place. Son told bf that bm and her attorney told him what to say.

Commissioners ruling came back, bf lost.. not only on his motion for 50/50 timeshare but one of his mid week visits as commisioner  thinks son misses homework so mainly for school purposes she is taking away a mid week with bf.


fast forward.. new school year.. son has had an F in every class at least once this year (have copies of progress reports) but bm helps him catch up and bring it up to an A before report cards go out.  BM has admitted to father that child is with her parents during week therefore she really cant keep a close eye on his schooling

question:
1. Could father petition for more custody based on childs grades?
(father is available every day after school)

2. Any other input??

3. Are we SOL unless son tells bm he wants to be with dad more?

socrateaser

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RE: custody/ CA
« Reply #3 on: Jan 21, 2006, 12:02:32 PM »
>fast forward.. new school year.. son has had an F in every
>class at least once this year (have copies of progress
>reports) but bm helps him catch up and bring it up to an A
>before report cards go out.  BM has admitted to father that
>child is with her parents during week therefore she really
>cant keep a close eye on his schooling
>
>question:
>1. Could father petition for more custody based on childs
>grades?
>(father is available every day after school)

>If the child gets an A, then the child gets an A, and it doesn't matter how it's accomplished. I don't see a case for a change in circumstances.

If the attorney coached the child as part of the prior determination, then you should have put the kid on the witness stand and directly asked about that. The child wasn't the attorney's client, therefore there was no privilege, and the child would have had to answer. If the child had answered that the attorney coached, then the attorney would have been either suspended or disbarred.

This may still not have caused the court to reverse custody, but it certainly would have been good for the legal profession in CA.

>2. Any other input??

Nope.

>
>3. Are we SOL unless son tells bm he wants to be with dad
>more?

Yep.

 

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