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Messages - DadsCrushed

#21
Custody Issues / Re: visitation with kids
Sep 25, 2012, 09:10:49 AM
I'm shaking that her attorney instructed you to do something; don't listen to him. Listen and obey a court order. She is playing with you if she wants you to move out and then consider counseling. Do not move out. Let her file an emergency hearing. She must show immediate harm to the children. Get an attorney and file. Don't worry about the ad hominem attacks . . . let her prove it. More than likely she will request a mental health evaluation on you and be prepared to counter.
#22
Father's Issues / Re: false allegations
Sep 25, 2012, 09:01:28 AM
My ex psycho pullled this garbage. Agree with other comment . . . file. Ideally you do not want to leave the house because that is a factor used in determining custody. Light a fire under your attorney and get this tossed; more likely since the ex parte was denied and criminal has an even higher standard. I would also suggest you reach out to CPS and inform them that you want them to maintain all records beyond their ordinary scope. More than likely your ex will claim abuse of the children next. Get in family court immediately. Keep all your records. Keep all your attempts at contacting your children, if currently allowed. I hate to say it but it will get worse before it gets better. Grow a thick skin and get ready for incessant nonsense.
#23
I would file a Motion for Modification of Child Support and state the circumstances. Most states allow for a change of 25% or more to be the basis for changed circumstances for such a filing. If you make more than the CS tables for your state the judge can deviate from the CS table. Barring that they are to adhere to the tables. I would not quit my job because then the ex can come at you for voluntary destitution and that will not play well in the court. Certain expenses (health care, insurance, etc.) can be deducted however I do not believe that travel expenses would apply. You will need to check the family law code for that.
#24
I have two daughters and I don't want them sleeping with me for fear that they will take all the covers. The father here should not be sleeping in the same bed with a young adult. Granted my daughters and I have all laid in a bed during a nap or watching television but this is not every day. If he lacks the room at the very least a separate bed but in the same room. Does it really matter that he is African? We are in the United States and tolerance of another culture does not mean acceptance.

I do not believe you can obtain a court order for the 18 year old but definitely the 4 year old with a court order to modify or petition for parental conduct.
#25
Visitation Issues / Re: Minimal Visitation....
Aug 24, 2012, 09:26:16 AM
I'm not certain what is going on here. Is there an Order in place or are you in process of getting divorced?

One thing is real clear across all the states is that your lifestyle (e.g., sexual orientation, live in, religion, income, place of residency, etc.) has no say in the determination of the child / parental relationship only as far as the lifestyle may negatively impact the general welfare of the children and their best interests. We all know that the term best interests is "garbage" and used by the courts to insert their result. If you are in anger management (who wouldn't be) get that behind you so it can not be used against you later. Do not violate any Court Order.
#26
Huh? You got a protective order against your ex and your texting him and your upset because he won't respond and has instructed you to go through is attorney. I don't see what the problem is?
#27
I would not sign it
#28
Custody Issues / Re: Prepping for custody hearing
Aug 13, 2012, 05:34:06 AM
There are rules for submitting evidence. First, you do not admit the exhibits into evidence but rather offer them, and the judge makes that call. I would highly recommend that you make three exact sets. One for you, opposing counsel and the record via the Judge. I would have a cover page and each page numbered. If you are using excerpts from a trial you must include the certification page at the end of the transcript. If you are subpoenaing a third party ensure that the custodian of records provides an affidavit.

I'm a pro se litigant and never had problems offering my exhibits into evidence. If opposing counsel objects be prepared to provide a quick supporting argument.

You may also want to file a subpoena duces tecum with an attachment seeking records. If the documents are not provided, well, that's contempt and bodes well for you.
#29
Shrink Rap / Re: borderline and custody
Aug 10, 2012, 10:26:40 AM
It's not clear whether there is an order in place or not. Since you are looking into locating an attorney I assume you are just beginning the divorce process. If she got a RO on you, I'm shocked that she got a vehicle. When you locate an attorney, file a Motion for Mental Health Evaluation. Be prepared for her to counter and for you to be submitted to one as well. Do not violate the RO in the interim. If she is truly BPD, be careful, these are the true nuts and pure f'n evil. She will play dirty and so should you.
#30
If you have a current final order, I would do the following:

1. Forget about PAS; most states don't recognize it and it will cost you thousands for an expert;
2. Immediately file where there is jurisdiction a Petition for Contempt (Denial of Visitation) and do it for each scheduled exchange where the mother is absent
3. After the nonsense is "Ruled Out" or unfounded, consider a Motion for Modification.

The mother is "shopping" for "specialists" who will support her. She may not be found in Contempt because she will state she is not in willfull disobedience because she feared for the children. If she has NOT filed something with Social Services, then her case is further weakened.