Soc-motion for change in parenting plan??

[ER]

It has been only 10 months since our custody trial and my son's mother filed a motion to change the shared-parenting plan to make her have power to make all non-emergency decisions rather than me, the father, who is residential parent.

She has filed this motion based on a Social Worker I had removed from our son due to unprofessional conduct towards me. It was witnessed by my son's teacher.

Our son has developmental problems which I have been instrumental in getting him the therapy he needs. The mother on the other hand has had very little invovlement due to control issues.

I entrusted the services of this Social Worker before our custody trial when I had full custody. After the order of shared-parenting the SW took things personal because I did not agree with her recommendations or me and the mother had disagreements which could not be worked out through mediation. She has taken the mother's side to fight.

What if anything can I show to prove that I have been doing in the best interest of my child?

Being that the mother is also a SW and using her professional job to prove her point as being a more fit parent, can I use the orignal Psych Eval as evidence? (The Pscyh eval was in my favor due to the mother's inability to want the rights or responsibilities).

The mediator in our case was also the GAL, he has since declined to be involved based on our inability to settle issues. (only 2 times) My attorney feels he would be an asset due to the fact that he understands how I have tried by initiating these mediations to solve problems.

Any insight?

[socrateaser]

>Any insight?

If you have an objective witness to bias against you displayed by the social worker whose removal is the basis of the claim against you, then produce the witness, discredit the social worker, and the case should be dismissed.

However, even if you win, it will not end here, because as you point out your ex is also a social worker and she will continue to try to manipulate the court with her knowledge of possible behavioral issues that can be used to demonstrate that you are acting against the child's interests.

The easiest way to destroy this power is to invite the court to appoint another social worker, and then demonstrate that you can cooperate with this person. Going forward, I would ask the social worker if you can record conversations between him/herself and you and your ex, so as to have a record of any disputes.

[ER]

>>Any insight?
>
>If you have an objective witness to bias against you displayed
>by the social worker whose removal is the basis of the claim
>against you, then produce the witness, discredit the social
>worker, and the case should be dismissed.

I do have a witness in regards to the SW incident as well as the GAL in our case. My son's teacher was witness to the outburst as well as being talked down to by this SW afterwards. I also have evaulations from the therapists and doctors involved with my son relating to my involvement and his progress. My son's behavior has improved drastically, but with the mother it has gotten worse.


>
>However, even if you win, it will not end here, because as you
>point out your ex is also a social worker and she will
>continue to try to manipulate the court with her knowledge of
>possible behavioral issues that can be used to demonstrate
>that you are acting against the child's interests.

As for my ex's behavior issues regarding our son, it is purley her doing because of not controlling my son in the beginning once we knew what he was diagnosed with. She refused to be informed and when she was, she refused to communicate any interest or suggestions. It could have been maybe hard to accept for her or her father since they both have a problem with perfection. Her only involvement came this past summer when the visitation schedule changed as she took our son to therapy and school. That only lasted a few weeks. She never followed up on learning his progress through any therapies. It was the SW at the time forcing the issues of convience for her to be a part of his therapy by changing what was started a more than year ago.  If I would have gave in to this, it would have been drastic to our son's progress causing more problems. Even the therapist agree that doing things out of convience for the sake of a parent and not the child was wrong.




>
>The easiest way to destroy this power is to invite the court
>to appoint another social worker, and then demonstrate that
>you can cooperate with this person. Going forward, I would ask
>the social worker if you can record conversations between
>him/herself and you and your ex, so as to have a record of any
>disputes.

When my attorney and I ask the agency to dismiss this SW, they did not contact us nor try to resolve the dispute. They just canceld my son's services without any notice till after the fact. My attorney noted this and said this was not our intention but the agency apparently took this the wrong way. Nothing in a letter sent was directed towards dismissing services just the invovlement with the SW. Now the agency supervisor has also come forward stating that services should be re-opened for my son. Personally, they really did more damage than good. My son has done much better since they are no longer involved. But to appease the mother and the courts I beleive we know we will have to have another SW appointed. I do like the idea of teh courts doing that as well as teh recording. That leaves not much room for any errors.