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I'm being prevented from communication with my son-please help

Started by socrateaser, Apr 01, 2006, 01:53:32 PM

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laceydayne

>>>3. Was this agreement entered into after the date that
>your
>>>divorce action was first filed but before final judgment of
>>>dissolution? it wasn't entered as she waited to file the
>>divorce until I was deployed and din't add this agreement
>>knowing it would not be as easy to enforce - we had it
>entered
>>in a small claims case she brought against me, but are still
>>trying to work it into the custody/support trial -need
>>grounds
>
>The agreement is unlawful because it purports to limit the
>child's right to future support in return for present
>consideration. Because, parties to a contract cannot agree to
>an unlawful purpose, you can ask a court that the contract be
>rescinded and both parties consideration returned.
>
>In this case, that would be your entire interest in the home.
>Even if she has sold the home, you are entitled to a judgment
>for the fair market value that she received as part of the
>transaction.
>
>Any good civil attorney should be willing to take this case on
>a contingency, because you are attempting to recover a very
>substantial amount of property, and you have been injured via
>an illegal contract.
>
>The only issue that I do not understand is your comment about
>the small claims case. What does that have to do with this
>contract? If you owed her a substantial sum of money for some
>other reason, then that value could have been the subject of
>your agreement. But, since the maximum small claims action is
>$5K, the contract is still absurd. $5K for $600K is an
>unconscionable/shockingly unfair deal, and I cannot conceive
>of any California judge ordering it -- so, I assume that no
>judge did.  SAhe brought it up in a small claims case against me as she sued me for a refrigerator that was also in the agreement (long story )
>
>I'm not sure what emotions were operating to allow your doing
>the deal that you did, but you need to get rid of them. You
>didn't get your ass handed to you. You appear to have simply
>sliced it off, yourself, and made a sandwich for your
>opponent.  The eemotions that were operating were:1) I wanted the best for my son, 2)she seemed to be more acceptable to visitation with the more money I sent her and the more she percieved she was getting, as the money decreased ,her refusal to let me see my son increased. IT is almost liek I had to bribe her with extra money to let me see my son. 3)the "deal" was entered while I was overseas--she made alot of changes to the divorce paperwork while I was gone but of course I had no proof -I gave her everything she asked for as long as she'd let me see my son, now that she cannot get more money out of me, she is holding my son from seeing me. She makes 4200$ a month and lives with avery wealthy man now, so I know my son has everything he possibly wants in the materialist sense, but she won't allow him to receive the love of his father.
thanks for the insight