LONG POST: Camden Cty, denial visitation, petition to enroll foreign judgment, a...

[dadwho]

Hello,

This is my first post, and as many newbies, I'm looking for help.  My ex may well monitor this board, so please feel free to email me offline:  trulyadad-AT-yahoodotcom.  Think I'm paranoid, read on.

Here are some basic facts:

1.  Divorced 11/04 in Middlesex County Mass.
2.  Ex was granted all custody and removal rights despite seasoned clinician as GAL recommending categorically against it and -- unusual for him -- citing intense alienation (no he didn't say syndrome, I don't even want to go there guys) and enmeshment (my ex).
3.  3 days after judgment rec'd they moved to MD; Judge's *written* rational -- ex will engage in alienation anyway, so she may as well move (I kid you not).
4.  Non-resident visitation granted in Mass by Judge Dorothy Gibson was some vacation (one week summer first year) and some holiday/school vacation, one weekend every 5 weeks or so, 2 calls per week.  Thanks, have a nice day.  Over max possible support.  Hey, of course.
5.  Sought visitation increase 10/04, ex dodged service for 6 weeks bringing her to 6 months 1 day residency in MD, new judge, Keamy, saw no problem with that at all -- granted MD jurisdiction (case law?  Who needs it)
6.  Got sick of not seeing my 10-year-old girl, moved to MD 1/05; refiled to adopt foreign judgment in MD
7.  Ex moved 2/05 to Jersey, wouldn't say to where until done; pulled adoption of foreign jugment in MD, moved for hearing in Mass until new location determined.
8.  I moved to Philly 3/05, about a month after my ex moved to So. Jersey; pulled motion in Mass and entered negotiations with ex and new hubbie.
9.  Been seeing daughter one weekend per month, one evening three hours per week (more or less) and 2 calls per week
10.  Instigated counseling sessions for daughter during divorce, attended those ones appropriate while in Mass.
11.  Daughter continued counseling driven loosely by ex in MD and then in Jersey, still only about 1/month avg.
12.  I have asked ex for proposal for add'l visitation, hoping to work things out as fait accompli to avoid litigation (and another roll of the family court dice in Camden County this time).
13.  Yep, you guessed it:  Almost.

Now, ex and new hubbie say I can't see daughter more than one weekend/month (per old Mass judgment clearly no longer having jurisdiction, in fact two jurisdictions old), and that "because our relationship has deteriorated lately" (corresponding to their most recent proposal, gee), I shall only see my daughter during the week for counseling sessions.

BTW, I loved my attorney in Mass, but we're not there, I can't afford any more lawyers, and besides I got my ass kicked to the Berkshires.  So, I'm definitely pro se.  I have lots of admin skills and am polite and persistent.

Before you even ask, support payments dropped while I was unemployed as of 1/05 having screwed myself by moving twice in six months to see my girl.  But this fact was reflected in two separate jurisdictional filings as I chased my daughter from Mass to MD and now to Jersey.  It was set by Gibson as $240/week on $780 net.  I'm now paying $200/week on $760 net and figure that's in the ballpark.

No felonies, misdemeanors, or arrests for anything ever.  One moving violation in 25 years (I just hung up with my daughter).  One restraining order filed in separate jurisdiction by separate attorney in Mass (her divorce attorney couldn't stand by her on it  -- the affidavit was utterly absurd and clearly all spite -- it was dropped).  No, never threatened, never hit, never hint/think of violence in any way.  "Sure you didn't," right?  Ah, due process...whatever.

So,

I'm thinking:
1.  Petition to enroll foreign (Mass judgment) submitting facts of "itinerary" of case including MD and subsequent mass filings for reference (want to be able to pull in GAL report as reference which is devasting)  (ASIDE:  Middlesex "lost" the impounded GAL report -- registrar just couldn't find it for a temporary orders hearing and it hasn't been seen since -- cool, huh?  Coincidence that it's credible and completely contradicts the judgment and it went missing?  Actually, maybe so...)
2.  Motion for temp orders to see my girl on a typical non-custodial basis, cookie cutter dad thing (every other weekend, one eve week, phone calls, usual vacation) to include setting support
3.  Motion to modify legal custody to joint (will likely go to trial, I'll push for mediation -- heard it's decent in NJ); regular counseling for daughter; me too with her is fine; allow grandparent visitation independent of mine (denied currently)

If I could do that, she and I stand a chance.

Questions:
~How's basic strategy sound?
~What's Camden Cty like generally for non-custodial dads?  I'm considering shared legal custody and increased visitation.  
~Which judges hate fathers?  Out with it.
~What do you think my chances with joint legal are?
~Are any So. Jersey Father's Rights groups not regarded as whackos?  I'm not an abuser in disguise, I don't hate my ex -- my daughter is part of her I couldn't -- and don't want to get painted as a "dad on a mission."  I am because I love my girl, but it's my mission, no offence.

Any advice/comments read and considered.

[gipsy]

You should have had the GAL report your self , Maybe contact the ordiginal GAL ! And try to get the report , Secondly if it was entered into the court it should be at that court ! . You may have to have some one go there ! Any old friends ? Maybe give them specific power of atty < To get the report !
   Next now that you know the system , File for the appointement of another GAl for that court ! Pro se . If youve been there ,
 We both well know the atty's don't say any thing profound , Tell the court You can't seem to get the original and want another report , The original was good for you ! .
  I am In wash state , Can't say much about your area , But I am assuming the courts all have a basic process , And you just need to figure it out ,
  I had a second GAL report also , the second one didn't go as well as the first , But My atty said " there's been much water under the bridge " And nothing has been solved from the last GAL report " Basically /
 So we got another GAL .
  I had many problems as you , I was in court numerous times , And persisitance works , She is trying to get you to give up ! So engauge a new process , My psycho realised I was serious , when I filed for change of custody ! My atty argued the case based on the fact that the mother was making " Bad faith reports " And used the part of custody law that addresses bad faith acts < And asked for a change of custody ,
  The psycho has pretty much stopped , And the reason . " My atty say's is " "" She see's I will take her all the way "  He said many things happen and people, like My psycho will eventually do some thing really stupid and this may be a reason to Bring it back to court ! And she knows that I will ,
  There is a board on here call socrateaser , try that board !
  This is my expierience based on what happened to me , And I find that What I think can be wrong < And My second piece of advice is interview like ten atty's , And get there take on the solution , And ask if they help pro se litigants file the papers , If you interview ten atty's that don't charge for the interview you should have an Idea

[dadwho]

Thanks for your reply.

The GAL report was impounded by the Court.  Each party could only read it at the court or our attorneys -- getting a copy wasn't an option.  I have let the GAL know that the Court "lost" the report.  I've written to the Registrar in Middlesex saying, "uh, where'd it go and are y'all gonna get another one?"  No response.  Besides, I'm just another wacko father, right.   Going to Middlesex Probate is not a problem, but getting them to get off their political hack asses and do something is another issue.  

No lawyers for me brother.  Think a good one is worthwhile, but simply can't pay one.  I don't hire people I can't pay, and I'm not going to tease 'em either.  Besides, I find that just telling the story takes a half hour, and I really don't care to hear only what they think I want to hear.  I find that's often (though not always) the situation when an attorney is pitching his/her service; get the business, then figure it out later.

I'm going to Camden tomorrow with some drafts and my laptop to edit as needed.  Often I find it's helpful just to talk to the folks in the Court itself.  They can't give legal advice, but they often can give one an idea of what works.  This board certainly isn't helping, you excepted -- no offence.

Take care/DW

[gipsy]

try socrateaser's board on this site !
  Your case is beyond my expierience !