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Going back to court, couple questions

Started by amanda, Apr 01, 2004, 08:23:27 AM

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amanda

 Dh and I raise his 4 y old from a previous relationship. He is the legal custodian and BM has every other weekend visitation. Dh has records since childs birth of how often BM has visited, which until Dh won custody was usually less than once every other month. Previous lawyer would not show these to Judge.

 Judge told Dh no such thing as full custody in WV, which is untrue. He was not allowed to speak in court and BM was. Previous lawyer changed the parenting plan in the final order (giving BM more rights) without telling DH. We have hired another lawyer and are going back to court b/c BM has already broke the parenting plan which had been in affect since Jan. and we have her on tape threatening DH.

 BM quit her job less than one week before going to court and so no child support was set up. She started working again a week later. Judge said she had 7 days to notify court she was working to set up child support and she has not.

My questiona are:
1. Can we notify the court she is working?

2. Will it be possible for us to make her have supervised visitation since we have proof she never really saw him before?

3. Can we get another Judge since we have the last one on tape telling Dh a lie?

4. What are the grounds for getting supervised visitation? Is it proof of endangering the child?
 Thank you.

socrateaser

>1. Can we notify the court she is working?

File a motion for a hearing, on grounds that BM is now working and has failed to inform the court as previously ordered.

>
>2. Will it be possible for us to make her have supervised
>visitation since we have proof she never really saw him
>before?

It's up to the judge.

>
>3. Can we get another Judge since we have the last one on tape
>telling Dh a lie?

You present no facts to support this question, therefore, I have no comment.

>
>4. What are the grounds for getting supervised visitation? Is
>it proof of endangering the child?

There are no specific grounds -- it's merely a question of demonstrating to the court that it is the child's best interests for visitation to be supervised. Supervised visitation may be ordered on grounds that the parent and child have not established or maintained a consistent relationship. It's up to the judge.