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Need some guidence and help :)

Started by Bigbird79, Dec 08, 2003, 09:14:04 PM

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  I am going to make a long story short, and ask you a few questions. I was divorced in 2002, with my ex receiving primary and myself EOW/Alt Holidays. Two months later, she files for modification of visitation based on a false sexual abuse claim. The claim is unfounded by DHS, so we agree, I assumed wrong, to drop and work amicablyinstead of taking this to court.

She goes to court, receives default judgement, I get supervised visitation, and the boot is that she did not accuse me of sexual abuse, but my brother, who lives in another town. So, I take the Supervised visitation, and I don't fuss, big mistake I know, she continually denies it. While speaking to her online on MSN Messenger, she admits she lied about dropping the modification hearing. I have this printed out.

Now, I have asked her and I have asked her lawyer to go to voluntary mediation, gotten no response at all. She refuses to let me see when I have my court ordered time, and any other time.

I know I made many mistakes. But I am good father, I call to talk to my child every night, granted It takes about 3 nights of phone calls before I can talk to her, but I do call. I was showing up for visitation, when was denied, called sheriff to file report, they have all but 2 times refused to write anything up, do anything about it, so I just stopped calling them in.

The Sheriffs in that County are useless to me, they will not cooperate, because they say the order is too vague. So no help from them. I want to modify, and atleast get back my eow/holiday visitation.

1. I am doing this pro-se and want to modify. Do I modify the original order or this Supervised visitation order?

2. I would like to get extra parenting time with this, how do incorperate it into the modification papers?

3. Can I use the letters to ex wife and her attorney asking for voluntary mediation as evidence that I want to work this out outside of court instead of fighting in court?

4. The denials of visitation are not only from after the modification hearing, but before also, can those be used too?

I hope I am being thourough enough and clear enough.

Thank You for your help,

Tonyjames (Bigbird79)


1. you modify the most current court order.

2.  Include a new parenting plan with your petition to find in contempt and to modify due to significant change of circumstances.

3.  Yes, use the letters and information on mediation. If you had an attorney, I would use these to ask for legal expenses.

4.  You probably can't use the ones from before, but leave them in there anyway to help show the pattern of behavior. It's up to the opposing side to ask that they not be allowed as evidence (after the judge has already seen them).