Messages

I'm convinced that most OSE departments are staffed by utter morons and/or head-injury patients.

[What do all those acronyms mean?]

The complete list of acronyms and abbreviations:

What do all those acronyms mean? (http://deltabravo.net/cms/plugins/content/content.php?content.366)
http://deltabravo.net/cms/plugins/content/content.php?content.366 (http://deltabravo.net/cms/plugins/content/content.php?content.366)

[it is best for the child]

In my strong but humble opinion I believe it is best for the child that "custody of the child" be formalized via a court order naming the father just like it names the mother and the child's birth certificate carries his last name.  It is best for the protection of the child now and in the future and even extends to his children.  There are many reasons.

Agreed. This is not the kind of thing you want to be undefined.

It may not seem like a big deal now, but in 2 years, 5 years, 10 years...you'll wish you'd done this.

I would suggest contacting your attorney or the court to find out what this is all about. Here's what I was able to find online:

Rule 2-507. Dismissal for lack of jurisdiction or prosecution.

(a) Scope.- This Rule applies to all actions except actions involving the military docket and continuing trusts or guardianships.

(b) For lack of jurisdiction.- An action against any defendant who has not been served or over whom the court has not otherwise acquired jurisdiction is subject to dismissal as to that defendant at the expiration of 120 days from the issuance of original process directed to that defendant.

(c) For lack of prosecution.- An action is subject to dismissal for lack of prosecution at the expiration of one year from the last docket entry, other than an entry made under this Rule, Rule 2-131, or Rule 2-132, except that an action for limited divorce or for permanent alimony is subject to dismissal under this section only after two years from the last such docket entry.

(d) Notification of contemplated dismissal.- When an action is subject to dismissal pursuant to this Rule, the clerk, upon written request of a party or upon the clerk's own initiative, shall serve a notice on all parties pursuant to Rule 1-321 that an order of dismissal for lack of jurisdiction or prosecution will be entered after the expiration of 30 days unless a motion is filed under section (e) of this Rule.

(e) Deferral of dismissal.- On motion filed at any time before 30 days after service of the notice, the court for good cause shown may defer entry of the order of dismissal for the period and on the terms it deems proper.

(f) Entry of dismissal.- If a motion has not been filed under section (e) of this Rule, the clerk shall enter on the docket "Dismissed for lack of jurisdiction or prosecution without prejudice" 30 days after service of the notice. If a motion is filed and denied, the clerk shall make the entry promptly after the denial.

In short, it means that the state has not taken any action in your matter for an extended period of time. You have been notified that if the state does not proceed in some manner within the 30 days - show some activity - whether it be for a Motion to Postpone, Motion to Continue or anything else - then your case will be dismissed.

If this is not a criminal concern and it is a civil matter, the same applies only it means that the Petitioner (person bringing the suit) must do something to keep the suit alive OR that the filing of the suit has been deemed to be in the wrong jurisdiction.

"Notice of Contemplated Dismissal Lack of Jurisdiction/Prosecution" was just inserted into my online case history file.

It says it was filed on 04/13/2015 by the plaintiff.  I don't know what it is or what i need to do.  We have 50/50 physical/legal custody in the state of Maryland.  I called her and she said she doesn't know anything about it.  I don't believe her.   What does this mean? What do I need to do to keep the standing consent order current?  I don't want anything to change.  How do I protect my current custody agreement from this notice?

I fought for custoday from 2004 through 2013 and Finally won 50% custody and I don't want to lose it! 

Help

Do your best to ignore his snide comments and childish behavior. Your child will come to understand who the more responsible parent is and she will value you and respect you for not stooping to his level.

Sadly, the kind of behavior he's engaging in can be a long term thing, but making an issue of it will only feed his desire to make trouble. Unless it's really becoming a problem, just ignore, ignore, ignore. Sometimes it's hard to do but in the end it's better than getting wrapped up in his games and getting upset over it (which is exactly what he wants).

My daughters father is constantly saying rude remarks to our 14yr old during visitation about me. Little jabs about my parenting skills etc. Note he's only came to one school play over the past 12 years. Never comes to her sporting events and he's unemployed. So it's not like his job is preventing him. 

I don't point these things out to our daughter. She's smart and will learn on her own. I also don't down him in front of her. She says she doesn't even pay attention when he says the things he says. She always wants to tell me what he said during her visits. However it really brings me down hearing what he says.

I also don't want her to feel like she has to tell me. So my question is would it be wrong to say to her "look I know your father has issues and if he wants to talk about them with me thats fine. But you do not have to tell me the things he says. I know he's upset with me. But that has nothing to do with his love for you."

Basically I don't want to hear what rude childish comments he makes. Its in our court documents he is not to down me in front of her.  When I confront him he gets iriate so I avoid it. He also gets mad at our daughter if she tells me.

Some of the proof I found shows that he was inviting these affairs over while he was home with the children. This causes me great concern! If we get joint custody, will the courts understand this concern or am I just going to have to deal with the fact that he could have whoever over having sex with them in his home while the children are there?

If you can show a substantial likelihood of harm to the children then the court may (might) take that into consideration. What a judge would rule in this instance is anybody's guess but he/she may place some restrictions on the conditions of contact or order supervised visitation. But I think you'd have to show some actual, presentable harm.

If you cannot show a substantial likelihood of harm to the children then the court would probably make no issue of it. What he would do in his home is his business (just like it is in yours) unless it poses a threat of some sort to the children.

[Preventing Domestic Move-Aways]

Read these articles for some ideas on how to prevent move-aways:

http://deltabravo.net/cms/search.php?q=move+away&s=Search&r=0 (http://deltabravo.net/cms/search.php?q=move+away&s=Search&r=0)

Preventing Domestic Move-Aways
http://deltabravo.net/cms/plugins/content/content.php?content.124 (http://deltabravo.net/cms/plugins/content/content.php?content.124)

Preparing For A 'Move-Away' Or Custody Battle
http://deltabravo.net/cms/plugins/content/content.php?content.122 (http://deltabravo.net/cms/plugins/content/content.php?content.122)

Fighting Relocation with Children
http://deltabravo.net/cms/plugins/content/content.php?content.121 (http://deltabravo.net/cms/plugins/content/content.php?content.121)

In what ways is the other parent unfit? Are they an imminent danger to the child, do they lack parenting skills...?

Try using the "Intent To Exercise Visitation (http://deltabravo.net/cms/plugins/content/content.php?content.118)" letter.

It's a useful letter to notify the other parent that you intend to exercise your legal parenting time (visitation) with your children.

[absolutely]

1) Yes, you should absolutely hire an attorney. There are a few pages here that may help doing that:

   
• How To Hire The Right Attorney (http://deltabravo.net/cms/plugins/content/content.php?content.29)
• Hiring An Effective Attorney (http://deltabravo.net/cms/plugins/content/content.php?content.92)

2) Generally, if there is no support order in effect then no support is owed. (This doesn't mean a judge can't go back and order it retroactively, however.) If there is a support order in effect then support is usually owed regardless of any other circumstances.


3) Does she have the right to violate the parenting time guidelines on this basis?

No one has the right to violate the parenting plan, other than by mutual agreement between the parents.


4) Do I have the right to take my kids away from her during my visitations?

Yes, if it's during your scheduled parenting time then you have the right to exercise your parenting time. You may find these letters useful:

   
• Notice Of Intent To Exercise Visitation (http://deltabravo.net/cms/plugins/content/content.php?content.118)
• Denial Of Visitation Form Letter (http://deltabravo.net/cms/plugins/content/content.php?content.117)

5) If she is violating the order, what should I do? Should I contact the court or the police?

Document it thoroughly (http://deltabravo.net/cms/plugins/content/content.php?content.109) and notify everyone- especially your attorney and the police.