Motion for Temp Custody

[SM_in_FL]

Hi, Soc!
This is the Motion which will be filed with the court. If you could please review it and tell me what you think.
Thank you!
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COMES NOW, Respondent, DH, and files this Motion for Temporary Custody and in support of same states the following:

1. The Minor Child, SD, aged nine years, stated that the Petitioner hits her with a belt.
2. This statement was made during the Court Ordered evaluation to the appointed evaluator, Jane Doe of Doe Evals.
3. The Evaluator made reference to this statement in her final evaluation of the Minor Child (See Exhibit "A").
4. The Petitioner has, by her own submission in a voicemail message dated April 6th, 2004, admitted to being unemployed (See Exhibit "B").
5. The Petitioner also stated in the same message that she has no interest in the psychological or physical well being of the Minor Child.
6. Therefore, Petitioner is working against the Minor Child's best interests.
7. Therefore, Respondent believes that a substantial change in circumstance has occurred warranting a temporary modification of custody pending final disposition of this cause.

WHEREFORE, Respondent moves this court for an order granting the following:
1. Temporary Modification of Primary Residence of the Minor Child with the Respondent as the Primary Residential Parent.
2. Supervised visitation granted to the Respondent as deemed appropriate by the Court.
3.    Any other relief this court deems just and proper.
                                                                               
   Respectfully Submitted,
                                                                                 
                   DH                                                                
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Questions:
1) Would this be sufficient for a temp change in custody?
2) Should it be an "emergency motion" or keeping it as a regular motion is ok?
3) Once we use the evaluator's report for this, we can't use it anymore, can we? Is there any way around that? So far, the evaluator's report is the strongest piece of evidence we have.
4) We're also filing a Motion for Contempt on Bm for not paying her half of the cost for the Eval, so can we ask that both motions be heard together since they are both contingent on the same piece of evidence, i.e., her voicemail message?
5) Is the fact that she claims to be unemployed a sufficient defense for her to be excused from having to reimburse DH?
6) In admitting in court that she is not employed, even if we don't get the money, wouldn't it make it easier on us with regards to this motion, which is the more important of the two? I'm thinking we're kinda of putting her between a rock and a hard place, she either loses money or sd....I'm hoping.
 
Thank you again, Soc!
SM

[SM_in_FL]

Sorry, I didn't think of posting this with my original post, but thought it'd be a good idea so you have a completer (making up words) picture and also hoped that you could tell me what you thought of this one?????:D
Thankyou thank you thank you thank you thank you thank you.....did I say thank you?!!! :D
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COMES NOW, Respondent, DH, and files this Motion for Contempt of Court Ordered Agreement and in support of same states the following:

The Petitioner has breached the agreement  for a psychological evaluation signed and agreed upon by both parties before the General Master on the 3rd of March, 2004 as well as the Co-Parenting agreement signed by both parties on the 4th of June, 2003 as follows:


COUNT ONE:
1) Petitioner and Respondent entered into an agreement on March 3rd, 2004, where the parties would share the cost of conducting a psychological evaluation on the Minor Child, SD, because of statements the child made which concerned the Respondent.
2) Petitioner was advised of an appointment for a psychological evaluation set for Wednesday, the 31st of March 2004.
3) Petitioner refused to allow the Respondent to exercise his visitation as scheduled on this date as agreed in the Co-Parenting Agreement reached between the parties on June 4th, 2003 where it clearly states that the Respondent is scheduled for visitation every Wednesday with the Minor Child.
4) As a result, the appointment was missed and rescheduled for April 7th, 2004. (Please see exhibit "A")

COUNT TWO:
1) On April 6th, 2004, the Respondent contacted the Petitioner to remind her of the upcoming appointment and her share of the fees.
2) The Petitioner responded by leaving a message on the Respondent's voicemail stating that she does not have a job to pay her share of the fees and even if she did, she would not pay it because she is not interested in having the child undergo a psychological evaluation.
5) This message has been recorded and documented. (Please see exhibit "B")
6)  Respondent has paid the full amount, including the Petitioner's share of the costs in order to have the evaluation performed on the minor child. (Please see exhibit "C")

COUNT THREE:
1) The Respondent was unable to see the Minor Child, until Friday, the 3rd of April 2004 in the afternoon. This after the Respondent resorted to legal intervention in order to see the child.
2) Therefore, the Respondent has missed a total of 72 hours of visitation time with the minor child.
3)  Therefore, the Petitioner is acting against the best interests of the child
4)  Respondent has attempted to address these issues privately to no avail.

WHEREFORE, the undersigned moves this Court for an order granting:
1. Seventy-two hours of make up time with the Minor Child or a temporary modification of custody as deemed appropriate by the Court.
2. Sanctions from the Petitioner for each day denied in the amount of fifty dollars per day for a total amount of one hundred and fifty dollars in order to encourage future compliance with court ordered visitation.
3. Petitioner ordered to refund Respondent for her share of the costs of having the psychological evaluation conducted on the minor child in the amount of one hundred dollars.
4. Reimbursement of all filing fees. (Please see exhibit "D")
5. Any other relief this court deems just and proper.

Respectfully Submitted,

DH
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1) Ok, now whaddaya think? Any pointers?

Thank you very much!
SM