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Messages - JML12345

#1
Dear Socrateaser / Others in court room
Jan 05, 2007, 04:16:02 PM
I have a court date next month to revise my parenting plan.  I am NCP.  I'd like me fiancé to be in the court room.  My attorney said that would just infuriate my ex who dislikes my fiancé very much.  

From what I can tell she's jealous of my pending marriage.  But I don't see that as my problem.  

My ex will not be represented.  

1.  Aside from the fact that my ex is human, for the purposes of the hearing why would I care if my ex gets mad about my fiancé being there?  

Thank you.
#2
Dear Socrateaser / How is one served?
Nov 29, 2006, 05:24:25 PM
We're all in MN.  After months of trying to work out my parenting time to no avail, my attorney has finally requested a court date to settle the matter.  

1. How will my ex be notifed of the court date?

Thank you for your time.
#3
Dear Socrateaser / RE: Trying to work things out.
Nov 22, 2006, 02:39:00 PM
Thanks for the help.  I had a conversation with my attorney last night and he said he'd call me when he has the court date.  

A follow up question on the attorney fees.  I have no expectation of my ex being able to pay if I am awarded anything.

1. Am I to interpret your response (quoted below), that a judge usually only awards attorney fees if the 'offending' party can pay?  Even if everyone involved (including her attorney) admitted she was a pain in the rear?  

I don't care if I get the money from her if awarded but it would be nice for the court to aknowledge that she's been uncooperative.  Probably wishful thinking...

"If you have an attorney and she doesn't, then you have a huge edge, but not necessarily on the attorney fee issue, which is supposed to be based on the parties respective need and ability to pay."

Thanks again.

Happy Thanksgiving.



#4
Dear Socrateaser / RE: Trying to work things out.
Nov 22, 2006, 02:15:46 PM
I do help her with her homework.  NCP is just using that as an excuse to shorten my time with my kids.
#5
Dear Socrateaser / Trying to work things out.
Nov 20, 2006, 03:25:16 PM
I am NCP.  I share legal custody of my two daughters.  

Currently my divorce only details my parenting time with my kids for Christmas eve.  Otherwise, I have liberal time with them.  For the last three years we've been on an every other weekend and every Wednesday night schedule.      

My ex has been increasingly difficult to deal with on holidays etc.   I retained my attorney in March of 2006.  I'm asking for what I'm told are very standard things.  Every other weekend, alternating holidays and vacations, and for her to do a portion of the driving (we live 40 miles apart).  I've been doing all of it since we split up.  Initially because she didn't have a car and then because she refused (we live 40 miles apart).

My ex ignored the first twp letters my attorney sent her and hung up on him when he called.  She finally agreed to mediation, which we were lucky to get for free.  After two sessions my ex canceled the 3rd.  

After several months she finally retained an attorney.  My attorney has sent her attorney several letters that go unanswered for several weeks until I hound my attorney to contact them.  I've asked for deadlines in the letters to try and move the process along.  They either aren't put in or are ignored.    

I've given up birthdays and Halloween with my kids (when they fall on my time) to get her to agree to a majority of the changes.  Just when I think we have it, she finds something else she wants to change.  

She's now saying she wants to end my weekend time at 5pm vs. the 7pm we've been doing for three years.  My attorney tells me to give in to avoid court.      

I can provide a copy of the proposal sent to my ex if needed.  I'm considering hiring another attorney.  I don't feel mine is aggressive enough.

I'm not sure if I've provided enough information and I'm sure you've heard these type of stories 1000's of times, but:

1.  Am I unreasonable to expect a quicker resolution by my attorney?  I'm willing to go to court if needed and have told him so.

2. Since our drop off time as been 7pm for years, do I have reason to think a judge would change it at the request of the NCP?  She said it's because oldest daughter's homework is not done, but that is untrue.

4.  If she uses the homework as an excuse, would she have to prove her reasoning?

3. If we do end up in court is it unreasonable for me to ask for reimbursement on some of my attorney fees?

4. If your answer to #3 is no, will it matter if she no longer has an attorney herself?  She told me she may stop using him as she can't afford him anymore.


Thank you for your time.