Soc, I lost in Supreme Court too. Just a few questions.

[Nugo]

I lost in the state Supreme Court.  I am fairly certain that if there is any higher authority (e.g. U.S. Supreme Court) I won't escalate my case to that level because my daughter will have become very well-rooted by the time the case would be heard.

My thinking is that now, I have to fight super hard to ensure fair communication with my daughter.  My ex will be on the hotseat soon, defending herself in court on contempt charges for failing to foster fair communication.

1.  If I were going to fight more, what step would I take next?

2.  What would be the most effective way to prove to a judge that my daughter and I have not had fair communication over the past year?

3.  Would it help me to have my daughter see a professional, while she's with me here in my state, so that come court day (for above contempt) I can better show via telephone testimony that my daughter has been negatively affected by the lack of communication?

4.  What is the best approach to go after my ex with impact so that I can be guaranteed, by the court, that I will get fair communication with my daughter?

5.  How old does a child have to be to decide whom they want to live with (for the court)?

[wendl]

Nugo,
I am so sorry to hear this, you have tried so hard.

You and your daughter are in our prayers


**These are my opinions, they are not legal advice**

[socrateaser]

>1.  If I were going to fight more, what step would I take
>next?

If your case concerns a question of federal law, either statutory or constitutional, then you could appeal to the U.S. Supreme Court. Otherwise, you're done.

>
>2.  What would be the most effective way to prove to a judge
>that my daughter and I have not had fair communication over
>the past year?

Well, you could start by telling me the facts. I have no idea what your appeal was for, or what was alleged in your trial, or what your judgment said. All I know is that you had physical custody of your child, and you alleged that your ex was out playing with men and never home, and then you took a job in a different State, against my express advice, and then you suddenly lost custody.

None of this was ever explained, so I can't give you any further advice.

>3.  Would it help me to have my daughter see a professional,
>while she's with me here in my state, so that come court day
>(for above contempt) I can better show via telephone testimony
>that my daughter has been negatively affected by the lack of
>communication?

What contempt -- not permitting you fair communication? Once again, I have no case specific facts, so I can't comment.

>
>4.  What is the best approach to go after my ex with impact so
>that I can be guaranteed, by the court, that I will get fair
>communication with my daughter?

See #3.

>5.  How old does a child have to be to decide whom they want
>to live with (for the court)?

Depends on the law of the jurisdiction/State. I don't know VT law, therefore I can't answer your question. In CA, a child of sufficient age and maturity will have his/her wishes considered by the court, if the child voices them in an informed manner. In GA, a child of 14 or older who declares a preference for residence in a sworn affidavit, will have that preference granted by the court.

As you can see from the above examples, different jurisdictions treat the issue very differently.