Legal Custody...

[Sunshine1]

BF has not seen kids in a year and a half.  Refuses all restricted Certified mail from me and refuses to give me any medical insurance information.  I have attempted to obtain myself and company will not release without his permission.

Can't get permission because he refuses all certified mail.  I can not call him or it will start WW3 with his new wife.  I will be attacked and flooded with voicemails for weeks preceeding any phone call made to his home and even then I am not allowed to speak to BF, I must go through SM.

I need to apply for passports for our children because we had difficulty getting the children into Canada, and was told it would be much easier if they had passports.  I don't see him signing off on that whatsoever.

I have a child that require ALOT of medical treatment, and goes to the dr quite a bit for therapies and every so often I get there and the appointment has been cancelled.  Well this last time we were not even in the state whenit was cancelled.  There were no details of the cancellation, but this has happened at least 4 times now.

Today I recieved a 5 minute message from SM about a CS review that was a state generated review and I have the option to say yes or no.  I had nothing to do with it but the message was all about that I woudn't get any more money because they make less .....long message I won't bore you.

In the midst of the message she disclosed that she had seen our oldest child's medical information, and no wonder he has psychological issues..etc. etc.. my fault stuff. But it sounded or was coincidental with the cancelling of the appointments I thought.

My questions:

1. What do I need to prove or under what kind of circumstances would I need to prove existed to obtain BF's 50% Legal custody?

2. For a CS "review"  do they use W2's or pay stubs?  (BF has a new job and most certainly makes substantially more money but his 2005 W2's would not reflect that)

Everything in MN, I skipped around, if you need any clarification let me know.

Thank you!

2.  

[socrateaser]

>My questions:
>
>1. What do I need to prove or under what kind of circumstances
>would I need to prove existed to obtain BF's 50% Legal
>custody?

Clear and convincing evidence of a change in circumstances affecting the child(ren)'s best interests is the burden of proof. You must show that the children's lives are adversely affected by the affirmative actions of the other parent, and that a change of custody will remedy the circumstances.

The better avenue, is to simply file a motion for clarification to order the other parent to authorize you with access to healthcare info. You could also ask the court to find that certified mail sent by you to the parent's contact address provided to the court will be presumed as constructive notice of anything contained in the certified mail.

This is how the court would likely treat your letters if you have them back unsigned for and still sealed, because the other parent has a duty to keep you informed as to contact information, and refusing to accept certified mail when you know that it's coming from the other parent, is willful avoidance of facts that would otherwise be known.

But, you might be able to get the court to explain it to the other parent so as to remove any future incentive to avoid the certified mailings.



>
>2. For a CS "review"  do they use W2's or pay stubs?  (BF has
>a new job and most certainly makes substantially more money
>but his 2005 W2's would not reflect that)
>
>Everything in MN, I skipped around, if you need any
>clarification let me know.
>
>Thank you!
>
>2.