Reasonable argument

[giftedsanta]

Dear Socrateaser,

I am a NCP father in CA.  Custody rights were taken away from me when TRO was filed with false allegation by stbx. The TRO was dissolved after two court hearings.

I came out of supervised visitations, supervised exchanges with
good reports. Now, I see my child three times a week with no overnights. I had been asking for equal custody right from the beginning. Both the parents work full time.

Now I have fired my attorney and representing myself.

The court mediator told me, that if things go well,  I would be getting
equal time by the end of next year. Our child is 3 years old.

What would be a reasonable argument for asking the judge to expedite
this process in the next hearing. I feel it is ridculous to go from 0% to 50% in two long years.

[socrateaser]

>What would be a reasonable argument for asking the judge to
>expedite this process in the next hearing. I feel it is ridculous to go
>from 0% to 50% in two long years.

If a neutral child custody evaluator or therapist is willing to testify that the child and you are fully ready for substantial custody and parenting, that would do it. Anything less will be a loser.

Two years seems like forever, but it's not. Most NCPs never get anywhere close to equal custody during the child's minority, no matter how close they are to their children, emotionally.

[giftedsanta]

Thanks for your responses, Soc. I have some more questions.

1) Do I need permission/order to take the child to a therapist during my time?
I am probably going to get (20%) joint physical custody in the next hearing. I had joint legal from the beginning.

2) Will filing a supplementary motion trying to prove, the mother had previously lied in her response to my child custody modification motion, help my case?

3) Can I file copies of supervised visitation/exchange reports, previous court hearing record along with my supplementary motion in order to prove that she lied.

[socrateaser]

>Thanks for your responses, Soc. I have some more questions.
>
>1) Do I need permission/order to take the child to a therapist
>during my time?

If you have joint custody, then no permission required, unless the court order expressly restrains you from taking the child to a therapist.

>2) Will filing a supplementary motion trying to prove, the
>mother had previously lied in her response to my child custody
>modification motion, help my case?

I don't see why it would help. In the regular case you're on solid ground. It's all this ancillary crap that's got you messed up.

>3) Can I file copies of supervised visitation/exchange
>reports, previous court hearing record along with my
>supplementary motion in order to prove that she lied.

Irrelevant. Don't try to guild the lilly. Work on defeating the case at bar, that's the problem. Everything else will fall in place if you succeed, and if you don't, you may have serious problems with your other case.

[giftedsanta]

I got joint physical cusotdy in yesterdays's hearing with (>20%) time.

1) Is there any other options I have to get her charged for perjury charges, (I can prove some of her lies) and also collect damages for filing false allegations? I fear she would continue this way as long as she
gets away with filing false allegations.

[giftedsanta]

Thanks for your responses, Soc. I have some more questions.

1) Do I need permission/order to take the child to a therapist during my time?
I am probably going to get (20%) joint physical custody in the next hearing. I had joint legal from the beginning.

2) Will filing a supplementary motion trying to prove, the mother had previously lied in her response to my child custody modification motion, help my case?

3) Can I file copies of supervised visitation/exchange reports, previous court hearing record along with my supplementary motion in order to prove that she lied.

[socrateaser]

>Thanks for your responses, Soc. I have some more questions.
>
>1) Do I need permission/order to take the child to a therapist
>during my time?

If you have joint custody, then no permission required, unless the court order expressly restrains you from taking the child to a therapist.

>2) Will filing a supplementary motion trying to prove, the
>mother had previously lied in her response to my child custody
>modification motion, help my case?

I don't see why it would help. In the regular case you're on solid ground. It's all this ancillary crap that's got you messed up.

>3) Can I file copies of supervised visitation/exchange
>reports, previous court hearing record along with my
>supplementary motion in order to prove that she lied.

Irrelevant. Don't try to guild the lilly. Work on defeating the case at bar, that's the problem. Everything else will fall in place if you succeed, and if you don't, you may have serious problems with your other case.

[giftedsanta]

I got joint physical cusotdy in yesterdays's hearing with (>20%) time.

1) Is there any other options I have to get her charged for perjury charges, (I can prove some of her lies) and also collect damages for filing false allegations? I fear she would continue this way as long as she
gets away with filing false allegations.