Soc, got another question for you

[lissa68]

Melissa(lissa68)

Dear Soc,

State is Iowa

District Court

Facts:  Filed modification of custody and visitation papers January 2004.  Recieved a court date for August 2004,  In mean time, I have filed a contempt of court motion and order to show cause( for denied visitation and not following court order) and an amended petition to include childs report cards and addititional information.

Since initial filing of documents, ex has begun the campaign of convincing child I am trying to take her away from mother.  She is telling the child, whom is 6 yrs. old, everything.  As in showing her the court papers, telling child that is daddy gets her to live with him, child will never see mom again, ect.............  Child repeats what mommy says to her to dad.

When child says these types of things, father does not respond or play into them.  Father feels if he does he is doing same thing to child that mother is.

Questions:

1.  We know that PAS is a constant in mom's home, what can we do legally to make it stop or get it noticed by the courts?

2.  In asking the court to appoint a Guardian At Litem, how do you write that up?  I am assuming it is a motion instead of a petition.

3.  Would it be smart to ask the court for psychological examination for all parties, or just depend on a GAL?

4.  In asking for either a GAL or Psy. Evals, can costs of these actions be split by both parties?

Thank You Soc,

Lissa 68

[socrateaser]

>1.  We know that PAS is a constant in mom's home, what can we
>do legally to make it stop or get it noticed by the courts?

I realize that the child is young, but frankly, the next time I picked the child up, I would have a tape recorder visable and I would ask the other parent in front of the child "How come little CHILDSNAME is telling me that you are telling her that I'm trying to take her away from her mom?"

Then, the mom will give you her ration of !@#$, after which you will say, "Well, I don't know why you think I would want anything other than what is in the child's best interests, but that is all that I'm interested in." Then hold the child and tell her/him, "Now your Mom and I want you to know that we both love you very much, and we only want what's best for you. Both of us want you to spend as much time with each of us as possible." Then smile at the mom, and go on your way.

Be sure to do this when you're picking up, not dropping off, because otherwise you may get the door slammed in your face.

You are making evidence of your good intentions and the mom's bad (or good, depending upon how she reacts to your comments).

>
>2.  In asking the court to appoint a Guardian At Litem, how do
>you write that up?  I am assuming it is a motion instead of a
>petition.

Just like any other motion:

...hereby appears and moves for an order to appoint a Guardian Ad Litem for the parties' minor child, CHILDNAME, on grounds that continuing acrimony between the parents may defeat the child's best interests. In support of this motion, I, YOURNAME, after first being duly sworn, do hereby depose and say as follows:

1. State the facts that you believe warrant appointment of the GAL

2. etc.

3. For all of the foregoing reasons, I hereby request that the court order appointment of a Guardian Ad Litem for the minor child, MINORCHILDNAME.

(Signatures, date, and notary stuff).


>
>3.  Would it be smart to ask the court for psychological
>examination for all parties, or just depend on a GAL?

Might be smart, but very be hard to get without objective evidence of mental distress in the other party.

>
>4.  In asking for either a GAL or Psy. Evals, can costs of
>these actions be split by both parties?

Usually are, unless one party has no earning capacity.

[lissa68]

Melissa(lissa68)

As usual, Thank You, you are the best Soc,  :)