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Messages - trystero

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Colorado State Forum / Re: Colorado custody issue
« on: Apr 28, 2009, 05:56:19 AM »
Sounds like a bad situation.  I'd recommend a consult with a lawyer.  I'm currently engaged with Cordell and Cordell (out of DTC I believe), seems good so far.......

Colorado State Forum / Expert Witnesses
« on: Apr 28, 2009, 05:50:51 AM »
Anyone familiar with expert witnesses in Colorado?  Specifically psychiatrists/psychologists?

Custody Issues / Re: Custody change without request?
« on: Apr 12, 2009, 09:33:40 PM »
Not a lawyer but I do not believe the courts can alter or modify anything without someone motioning for the court to do so.

Something doesn't add up.  If you didn't request anything, and ex- didn't, then nothing should be happening unless something was filed by 3rd party like child services or similar.

If something were filed you should have been notified/served....wierd.

.......Her reasoning is that our son seems depressed and withdrawn and feels he cannot be himself while with me.  This is the only reason stated in the motion.

This is her position to argue from. She had better be able to present some evidence to support claim.  Other than her opinion.....it would be vs your opinion that all is fine.  Stalemate.

Might be worth trying to get some external professional opinion to weigh in on the matter.  If he's not clinically depressed, just pre-teen wishing his life were different and his BM was more interested/involved, you may be able to work this out of court all together.

If she's interested in more time with her son, open up the dialog.  She may shut it down...indicates to me that something more than just this is behind the motion (I'm a habitual cynic!)

Currently wrapped up in my own custody issue and my kids are younger than yours so hard to 100% relate...

See if you can find out what's really the motivation here.  Otherwise, I think between now an Fall you'll want to have something credible on your side to discount what BM is alleging...

Custody Issues / Re: Admissable evidence and what would you use?
« on: Apr 12, 2009, 09:24:54 PM »
If dad filed for visitation contempt, then that's the subject he sticks to.

As frustrating as it can seem, this is accurate advice.  When a motion is filed, that's the topic on the table.  Seems stupid to consider single issues without context of other surrounding circumstances, but if Judge follows the rules, that's the soda-straw you have to view through.....

Will be thinking about this one!

Custody Issues / Update 4/11/09
« on: Apr 12, 2009, 09:21:45 PM »
Status quo mostly.  Made contact with the supervised visitation agency.  Might have first supervised visit this week, we'll see how it works out.

Received 1st phone call today from BM, she last talked to kids on Wednesday when she saw them.  Daughter asked how come she never calls us and would she call on Sunday.  Just as we were getting ready to call, BM did.

Will post updates as they come!

Thanks Tigger!  Slow and steady, one day at a time....

Thanks for the advise.  Will keep pressing on.

As for BM, who knows.  She last saw the kids over 2 weeks ago at their counselors office.  For the past 11 days, she has only been allowed supervised visitation but has not arranged for 1 visit.  She hasn't even called me to ask how they're doing in school or even suggest an opportunity to see them at counselors office should an unexpected appointment time pop up.  All very weird.

I'd work to even let her see them in some controlled venue like to come watch our son at karate.  Not exactly 'supervised' nor is its exactly  one-on-one parenting time, but atleast she'd see him and show interest in his activities.

The phone calls are painful.  Like she doesn't know what to talk to them about.  Lots of pauses while a 9 year old tries to think about what to ask his mother.  It is all quite sad for the kids.  They don't understand and the 9 year old asks some pretty tough questions.  He gets frustrated with 'I don't know yet....' types of answers.  (sigh)

Custody Issues / Re: Motion to modify
« on: Mar 25, 2009, 05:33:58 AM »
The motion to modify would square up best with the courts IMO.  Sticking the 'Emergency' in front of the motion results in a hearing within 7-10 days in Colorado.  I would think it becomes either necessary or OBE if the PRO is granted, how can the existing ordered visitation be enforced if they cannot come within 100 ft of each other???

Out of my area of any experience. 

Without the RO, I would think you need the Motion to Modify.  Perhaps even with the RO you'd be less exposed with a modified parenting plan.  I think even in really bad circumstances the courts like to see atleast supervised parenting time allocated/acknowledged for best-interests of kids involved.....

Colorado State Forum / Re: Child and Family Investigator
« on: Mar 23, 2009, 01:18:47 PM »
related to this topic, (main thread is under Custody forums)

Had hearing regarding the Emergency Change to Parenting Time to see if the changes should stay in place.  Answer was, YES!!!


Judgehad some questions about the proposed motion that both sides wereagreeing on regarding provisions for supervised parenting time.  Orderis now in effect for the next few months until there will be a largerhearing to determine what the new permanent parenting plan shouldbe.......

Any suggestions for supporting my side of the casewould be welcomed.  Children's mother is supposed to get a psychevaluation in a few weeks.  That will help understand what issues arein play here.  Perhaps my biggest concern/worry right now is that thereare 3 'expert' opinions that are going to weigh in at the hearing, kidscounselor, mother's counselor, the evaluating psychologist, and maybethe parenting time supervisors.  Some of these may have some tendencyfor bias towards mother (e.g. sympathy for her out weighingbest-interest of kids).  I scratch my head wondering how I can get someleverage?......

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