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At a loss....

Started by wallyworld85, Dec 30, 2003, 12:05:41 PM

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I do not know what to do!  My court battle for visitation and CS mod has been going on for a year and a half now.  I do not know how and when I am going to get to see my daughter now.  I wish I would never have let my lawyer talk me into agreeing to her agreement instead of going to court (on the day of court)!  My ex decided she did not like HER agreement (wanted more money figured in with CS instead of paying to daycare) and wouldn't sign JUST SO I could not have my modified visitation!  My daughter has been at HER parents house ALL christmas vactation and my ex has been 3 hours away at her home.  My origanal decree stated only that I get her for xmas from 10 am-9pm and with me living in IL that wasnt able to happen.  

I sent her a certified letter AND left messages on her phone stating that I WAS going to exercise my visitation BUT needed her to call bACK AND inform me of her new telephone number and let me know where my daughter was before I could leave.  Obviously, my ex did NOT respond and wouldn't answer my calls on xmas day. (although, I was in IL because my ex did not call back)

Will she be held in contempt for xmas day?  


and the only way you're gonna find out is to ask the judge which means getting your attorney in gear with a court date set and a "Motion to Show Cause" to be heard.

The ONLY thing the EX did was to expect you to go to FL and spend Christmas Day with your child.  Hmmm....I know, IL - FL long distance.  But until you get this fixed in court, you're gonna have to go by the original order.  


First off your case is not unusual , But I had an atty much like yours . It was difficult to gert anything done so I fired him . I think He spent more time writing the bill than working on My case , A modification is just something you file with the court , And If she won't agree , As In Both our cases , My atty said , Agree to visits or go tell the commissioner why not ,, Thats really how simple it is ! When I got an atty that did his job , So skunks atty agreed ! Out side the court , soooo , This really equates to the process that Is on Your plan , Read the existing plan , If it says the first Step to resolving Issues is  to file for mediation , Then do what I did , Told the piece of crap atty that It say's that And I don't need to be charged By him, I filed for mediation My self , And when She refused mediation I had fullfilled My end and set a court date . Then My piece of crap atty showed and got an oral agreement and screwed with it some more , then Billed me some more, And I fired Him , And got a good atty ,
    There is a process , You may have to get a GAL appointed , File for a modified parenting plan , And a GAL And show the Refusal to mediate , The commissioner  [My case ] Appointed a GAL and then approved The parenting plan,That  My GOOD atty presented out side the court , This is not difficult , Get An Atty that will get it done And will ask for More ,.
   As a Note My best trip to the court was when I  Only said " I want to see My son " And Her atty went BLA BLA , And the commissioner said Ok   . When do You want to see your son . And we arranged a work able schedule right there . The wierd thing was I could not just talk to the commissioner , I had to tell My atty what to say , This Is really not a complicated process . Just Get a Parrelegal or something to help properly file and go see the judge , You will be likely to get like a standard plan any way , Thats just the way it is , To tell the truth the more you are in the system the worse it is and the more it costs ,


my heart goes out to you, i know that i was not much help over the holidays and want to help all that i can

my suggestions;

write letter to your atty so that you have evidence instructing him to RESCIND the agreement and motion for contempt re xmas and contact and to file for an immediate hearing.

Give him a deadline that you want the Notice of Recission filed

Tell him that this is mucho importante

Dont sit around waiting anymore

let me know if i can do anything else

have you contacted the school?