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Messages - JML6501

#1
Custody Issues / Re: So let it begin.
Feb 27, 2013, 01:18:22 PM
Sad new today,  My ex was on her second attorney and wile I do think he was a nice guy, he did a terrible job for her.  This was great for me in that the fight we are entering I was hoping for advantages I could get.  Sadly my attorney notified me today that she fired him and hired an new one.  This one is from one of the biggest firms in town.  All good things must end.
#2
Custody Issues / Re: So let it begin.
Feb 16, 2013, 10:33:39 AM
Ocean,  thanks for the reply,  see you brought up a point that I think is huge and that the convenience factor will even only benefiting mom, will be short lived and our child will either be forced to look at changing schools or having an inconvenient situation for all.  That just made the list.  Keep em coming please.

#3
Custody Issues / Re: So let it begin.
Feb 15, 2013, 04:57:15 PM
Great points,  I think that one parent driving the child that far to school in the am is out due to the distance.

The Talking points that you brought up are exactly what I plan to push.  Motion was filed today but I appreciate the idea of avoiding mediation which I know will be a waist.  I think that going in with a well laid out parenting plan, keeping close to 5050 but my daughter attending school near me would be the best shot at winning.  I also was thinking how with the fact that we have had such a contested case, how neutral are her coworkers/friends going to works with me from a teacher parent perspective.  Also it would be good to find some stats on the pros/cons of a teacher parent?  Im assuming that there are many reasons that this could be bad.

#4
Custody Issues / Re: So let it begin.
Feb 15, 2013, 07:28:27 AM
That does make sense and to be completely honest, Im glad that is not the case in this situation.  The school that she is proposing and teaching at, is far lower in ratings then the school that I would propose and that is right by my house where my other children attended.  My hope is that the judge will really look hard at the logistical benefits for my daughter going to the school by me.  Also I hope that the judge puts a huge emphasis on the STATUS QUO.  We have been doing 5050 for over 4 years.  If our daughter were to go school at her mothers choice and the parenting plan change to where she will have her during the school year, it will be more difficult for my to make up some of the lost time in the summer.  If she were with me during the week in the summer she would have to attend day care.  If her mother was getting addition time in the summer due to me having week days during the school year, she would already be home and there would be no need for day care.

I would love to get some feedback on these points.  I feel they are a strong argument for me having the school year week days and her mother having week days i the summer.

Thanks in advance
#5
Custody Issues / Re: So let it begin.
Feb 14, 2013, 07:27:59 AM
Yes I agree that there is most likely a provision that would allow her to bring a her child in from out of the district.  I imagine she would have confirmed that prior to pushing for that school.  I am actually quite luck that she is doing that because that brings up so many more argument points in my favor.  The convienence is clearly in her best interest but not our daughters. 
#6
Custody Issues / Re: So let it begin.
Feb 13, 2013, 04:40:45 PM
VERY good points.  My guess is that they would allow her but I agree it may be case by case.  I will dig a little deeper to determine if there is a policy regarding that.  I actually just came back from checking out that school  Seemed fine enough however it is litterally in the middle of nowhere. 

Please keep em coming , you guys know how this works when you have two good parents it all comes down to compensating factors to sway the judge.
#7
Custody Issues / Re: So let it begin.
Feb 13, 2013, 11:25:31 AM
I totally agree and believe me I understand that as parents we can make the best of any situation and that children are so resilient that in those situation they can even excel at times. 


I was simply making the apples to apples comparison between her situation and mine.  I think where this is key is that she is proposing a school that she works at that is not near her home.  I think in this situation and a history with moving it will be VERY hard for our child to form friendships outside of school because A. here classmates live on the other side of town. B.  What friends she would make near here home would be subject to change if she moves.  Which is likely since she is renting an appartment.

In my situation My children have attend the school within in walking distance to our home that I have owned for going on 15 years.  I was able to see my boys have friends in the area and as they have got older they maintain those relationships inside and out of school.  I think that if our daughter were to attend school where her mother works.  It would only serve her mother.
#8
Custody Issues / Re: So let it begin.
Feb 13, 2013, 10:46:57 AM
Thank you kindly for the reply,  Mom actually moved away right after our child was born and due to an order from the court was forced to return with child.  From that moment on is when she started living about 50 miles away.  When our permanent orders were drafted she was living in that area even though she has moved at least 6 times in since our child was born.

As far as taxes, it has been done based on statute in Colorado and I have had 2 years then she gets one and so on.

As far as schools, that may be my ace in the whole if everything else ends up even.  I used a few sites that rate and compare schools.  I did a comparison on all the options to include middle school and high school, as I have found with other children that once they become integrated with friends ect, they need to stay in the path of that district.  This comparison is night and day different.  The schools here by chance are light years better in almost all categories.  Clearly its in her best interests as a parent to have our child attend but so far not our childs.

#9
Custody Issues / So let it begin.
Feb 13, 2013, 08:13:30 AM
Would really love some impute, tips, ideas, ect.

I am 4 years in to a 50/50 parenting plan.  When this was set there was no provision for a primary parent, nor was there any provision for when our child would start school.  My ex lives 50 miles away and we meet in the middle every 3rd evening for exchanges.  We are at the point where we need to decide where our daughter will attend school which will also require a modification of parenting time.  Ex is a teacher at a k-5 school about 20 miles from where she lives.  She is already assuming that she has a victory in the bag that our daughter will attend the school that she teaches at. 

I on the other hand am pulling for our daughter to attend the school that is just a few blocks from my house of 14 years of which I have had 3 other children attend from k-5 last one is in 5 at the moment.

This will without a doubt be battled out in court as I KNOW that neither of us will cave. My attorney is filing the motion this week.  I feel that I have a very compelling argument that is strictly based on our childs best interests.  I am not exactly sure what her arguments may be but I am trying to anticipate as best I can.

Anyone that has knowledge of this or seen key points that swayed the judges please let me know.



#10
Visitation Issues / Modification Imminent
Jun 06, 2012, 08:08:05 AM
Ok so I could use a little feedback please.  I have had a 50/50 3 days on 3 days off parenting plan with my daughter since she was 8 months old.  NO home is designated as primary.  My ex lives about a 45 minute drive and we have met half way for exchanges.  I have never been less then 15 minutes early for an exchange nor missed any parenting time.  My daughter has 2 other siblings that live with me on the same schedule.  I fought like hell to get this, challenging a move-away case and won.  It was a full fight including a CFI that was in favor of what I was asking.    The issue now is that my child is almost five and school is right around the corner.  The ex is a teacher and since she is an "education expert" she is wanting our daughter to attend school where she lives.  Im almost certain that she will be filing a modification any day.  I imagine that she will want me to have every other weekend.  What I will propose is that we do our best to maintain the status quo in a 50/50 schedule of some sort.  Since she is in fact a teacher and has the summers off, she would be able to have week days in the summer, me having weekends, and during the school year I would have our child to attend the same school my other children have attended that is blocks away.  What ever time needs equaled back to 50/50 will be made up with school holidays or additional time in the summer.   IF the rolls where reversed, since I work year round and get no winter /spring breaks, maintaing a 50/50 would be near impossible.

Would love any feedback/advice.  Thanks in advance.