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modify visitation to custody?

Started by shellcode, Jul 11, 2013, 07:27:46 AM

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shellcode

My daughter is 7, i have every other weekends visitation, and the mother physical custody, and we share joint legal custody...She had violated my visit numerous times within 3 years time frame...back in 2010 i was awarded make-up visit, and than she put a order of protection for no reason try to keep my kid away from me, but later was dropped, and now i was supposed to get my daughter tuesday( yesterday) i told her my 2 weeks has starting, for her to be ready at 12..i went over to her resident her father told me," she not here she left." i file a police report," and her father gave me a court hearing paper that she put me to court, and stating," that I'm neglectful, i don;t bath her, i don;t feed her, and that my daughter does not want to go with me," and is a complete lie!!
Additional information
sorry i didn;t mention i have 2 weeks alternating every month for summer...there's no way to communicate with her mother, she does not want to talk to me, shutting me down, having her father do all the talking for her, and now she wants to get full custody and sole legal of my daughter and saying all this lie this been going on for 3 year or 5 and nothing has change.... -

ocean

File contempt of court papers for not allowing summer visitation (you can get them at the family court house or sometimes online depending on state). They will usually combine the hearings until one case. "mother has denied father of his court ordered summer visitation and has police report. Father requests make up time with exact dates/times and it start immediately for this summer, legal fees (if you will hire someone), and sanctions as the court deems necessary. Father also requests that all communication be by text/email and by the bio parents only regarding parenting time".

What she wrote in the papers, judges hear every day. Parenting styles differ and this will not make you loose custody/parenting time as far as the courts are concerned.

When is court? Soon? If it is still summer, the first main thing is to get a temp order for summer.

Full custody does not mean you loose all visitation so what is she asking ? for you to have NO visitation? Hopefully you will keep getting the same judge who will put her in her place. Keep documenting and filing.


shellcode

court date is July 15, yea she want full custody no visitation at all.. she been trying to do that for the past years...she don;t want to be in my daughter life, because she hate me and she know i speak the truth of her action...i don;t want her problem is she suffering of something...and my daughter talks to me about, that they talk bad about me, they hate me etc....

shellcode

i wish it was the same judge is not is a different one but my lawyer knows our situtation he took our case before...

ocean

Will lawyer put in for the contempt of court (with lawyer fees)? She will have to prove why she is not sending child for visits, especially since it is over the two week mark that the kids have been off from school. One way to deter it again is if she has to pay your lawyer fees over it.

Did she have a lawyer file these papers against you or just her?

shellcode

that she just file a petition on her own, i can;t afford a lawyer, the lawyer i had before was appointed to me by the court, and her as well....weather is custody or enforce the order...something to make her stop her bullcrap...

MixedBag

what sometimes helps is a butt chewing by the judge.....and then even that doesn't --

ASK for damages and make up time.

Damages are $$$$

actually counter file and ask for MORE time than what you have now.

If you get that -- then that might deter her from crying wolf again too.

ocean

You can file yourself, ask for the paperwork, they will add it to the next court hearing then if you get assigned a lawyer, that part is done ... contempt of court papers.

shellcode

yea, if i get more time than what i already have, that would be good like to have more time on school days...im going to speak to my lawyer tommorow... court date is this wendesday

shellcode

since i get her every other weekends on school days i would like have a extra few days...and make sure she hands over the medicaid because she gave me a hard giving it to me, and also has not added me on the child emergency list...

MixedBag

Contact the medicaid folks -- THEY might be able to give you a policy number.  (FYI -- yep, managed to get that info once when it was denied too).