Messages

I agree about doing all of the legal work on my own. There is no way I can afford legal help on a regular basis. I feel that I am probably doing a more thourough job with the help of shared knowledge than a lawyer with multiple cases would be able to do.

I am aware of the vehilcle that my ex drives as well as her live in  boyfriend's car. Unfortunately she does not work. She collects welfare and my child support check. So following her to work or waiting for her to go to work is out of the question. That would be so much easier. My plan for the weekend is to sit outside her apartment complex with my fiance' in the car and hope she comes outside sometime on saturday. My fiance' will serve her. Wish us luck, I haven't seen or been able to talk with my 3 year old daughter in over 2 months.

Regarding question 2- Are you stating that the best thing to do is file a supplimental brief and add a count? IF so how excactly do I do that? I haven't seen anything like that in my limmited studies.

I do not think that I will be able to get the police report and serve her with it as an attachment to the brief in time. Can I file another contempt charge? Would it look bad I am pro se?

Previously I thanked you for helping all of us parents but really I should have said families=parents, step-parents, and esspecially the children.
You really are helping make a huge difference in our society.

I am the NCP. The case is in MN. I do have a specific court ordered visitation schedule. The CP has not delivered the child to the court appointed location four times in a row. After the third time I served her by mail(legal here) a motion for parenting time assistance to resovle problems. I also have a motion for contempt. Court date for both are the same time on November 21.

I have not been able to serve her the motion for contempt( must be in person). She is hiding out in her apartment. I paid the county of her residence civil division to serve her and they are still attempting but it seems that she will not open the door or call the officer who has left notes for her. I am running out of time. The service needs to be done by Nov. 7.

Question 1- do you have any tips on how to serve her other than hanging out in my car and waiting for her to go outside to her car? What if I can't serve her at all, I have proof that attempts have been made. Can anything be done to proceed on this matter if service is not completed other than requesting a new court date and trying again?

After the first three visits that were denied she recieved in the mail( according to delivery confirmation)the service of the motion for parenting time assistance etc. including the future court date. I thought she would wise up and bring my daughter per the court order but she did not.  

Question 2- What is the best thing to do about this fourth missed visit? Do I file another motion for parenting time assistance ect. and another motion for contempt with another court date?

I am new to this web site and I just wanted to thank you for everything you are doing to help all of us parents. I have searched high and low and this site is the best. I do not visit any other now.

Sounds like you do have some specified visitation days. If she does not show for those call the police and get them to write a report. Three of these = a partern. That is where to start. You have to have a disinterested 3rd party as a withness. If the police say they do not have to write a report ask to speak with supervisor. Then you can file for contempt.

If you can get her to let you have your daughter visit that would be best.  Once you have your daughter than file a motion to establish custody. Since you were married at the time of birth it's easier. If you have your child when you file than you can also say that she is with you  and the pattern is such so they will more likely let you retain full custody. If I were you I would read everything in this site. spend hours and hours there is a lot to learn esspecially read the archives of Dear Socraster. He is a lawyer and answers with the "right" answers. Getting a lawyer can be impossible if you learn enough you can do it on your own. Also at this point you should be able to make her come back to WA for the court hearing ect. don't wait too much longer. Good luck.

I agree that # 1 you should establish paternity as soon as possible. One thing that I would like to mention is make sure you say out of any legal trouble. Watch your back when it comes to any interactions with her. She could very easily falsely accuse you of abusing her from assault to disorderly conduct and then you'd be stuck with supervised visits.