Update on Court Today....Got More Visitation!

[TPK]

Soc,

I did well today.

It was supposed to just be a meeting in chambers between attorneys. After they were in there for a little bit, they called me and the lovely wife in there too. I was stoked.

Judge discussed the parenting time I wanted ( Fri 12noon to Mon 10am). My opponent countered with Sat 9am to Mon 10am. Judge looked at me and asked if this was OK. I sat silent for a few seconds, then he says "you aint getting everything you're asking for". He said it would only be temporary til trial in Oct. I agreed.

Then the vaccination issue was brought up. Judge questioned wife about her reasons for not doing it. Wife spewed the same banter "autism" "asthma" is caused by vaccines. Judge didn't seem to be buying it. Wife's attorney suggested a Law Guardian get involved. Judge said there was no need for that as the LG would never agree with wife anyway.

So, he didn't order it today, but I strongly feel he will at trial. My plan is to have the court order it be done when child is 2. I know wife won't do it so I'll probably get a contempt on her and maybe a small opening of a change in custody.

I will let wife self destruct and then pounce on it.

  My wife embarassed herself and me today in chambers. She ranted on and on and interupted the Judge many times. She was so out of control and her attorney never tried to stop her. I sat back and said little, and let the Judge get an a$$full of her. I was shocked at her behavior. I was embarassed for her. There clearly is still something wrong with her. I can't believe I actually married this woman. What the F was I thinking. The Judge probably felt like hanging himself after being in her presence.

Being in front of 2 male Judges and 2 female Judges I now prefer female Judges. Seems the women are for the men and the men are for the women. I did have a minor victory today, but still kinda dislike this male Judge.

Thanks for your input on some of these issues Soc. As usual, you were dead on and from your help I knew what to expect and how to approach these issues.

TPK

[socrateaser]

Temporary ordres are almost always permanent unless you prove the custodial parent is psychotic or paranoid, or she has affirmatively harmed the child.

I'd consider asking for a custody eval by a child psychologist on grounds that the mother is exhibiting signs of paranoia, and use the completely unreasonble suggestion that vaccines cause autism, asthma, etc., as evidence, which the judge saw, displayed in front of you and both counsel.

You don't want a GAL, you want a shrink (or a GAL that's a shrink, too).

That's if you want to spend the money.

[TPK]

>Temporary ordres are almost always permanent unless you prove
>the custodial parent is psychotic or paranoid, or she has
>affirmatively harmed the child.


You have pointed this out to me before. I was put on the spot yesterday where I had to make a decision on the parenting time. You always said to ask for more and settle for less. The Judge mentioned that we should settle now rather than having him make a decision which both parties (more so myself in this matter) might not be happy with (which is also what you have pointed out to me in the past)




>
>I'd consider asking for a custody eval by a child psychologist
>on grounds that the mother is exhibiting signs of paranoia,
>and use the completely unreasonble suggestion that vaccines
>cause autism, asthma, etc., as evidence, which the judge saw,
>displayed in front of you and both counsel.


1. Are you suggesting a custody evaluation that would result in a change of custody or getting a shrink to just agree with me on the vaccine issue?



>
>You don't want a GAL, you want a shrink (or a GAL that's a
>shrink, too).
>
>That's if you want to spend the money.


2. Typically, what kinda money are we talking about for a custody eval?....$5K....$10K?? From reading posts from other members here at Sparc, it seems like this is a lengthy process which most of the time never changes the "status quo".


One other issue that was loudly argued yesterday. When we were in Orange County the Judge there made the attorneys hammer out a CS plan. At the time (Dec  2004) I used my 2003 income. 2004 income showed a substanial change in income due to my company showing a very slight loss.

As I previously pointed out to you before, we are a Subchapter S Corp where the co. profits are taxable to my personal income rather than the co. because it's much cheaper.

Starting Jan 2005, I started paying XX amount for CS. In April 2005 after the co. and personal taxes were done (by accountant) I knew the co. would show a loss and it did (poor last quarter). Thus, there was no co. profits to tack on to my personal income. In April I started paying $110.00 less than before (per month).

Wife's attorney tried to argue yesterday that Orange County Judge ordered the amount. My attorney stated that it was ordered from the bench (court minutes) as no document exists showing it was ordered on paper. My attorney showed this new Judge the original complaint filed in OC in which the Judge "struck" or "crossed out" the part where wife wanted CS.

This new Judge hinted I was playing games and fudging the numbers. I have not fudged the numbers and have nothing to hide. Judge said that if this issue went to trial that he personally would scrutinize my tax returns and possibly add in some money to show it was personal income.

So I can either fight this in court, or go back to the CS amount which is $110.00 more. I have a feeling Judge will be determined to find more personal income and I will lose.

3. Is the $110.00 more a month worth fighting for or is this not significant $$ to waste the time? What would you recommend here?

4. How on earth can a Judge be considered an expert on "accouting issues" without being a CPA? I feel it would be up to my opponent to have expert testimony to dispute this.

My attorney offered to have me deposed on this. Wife's attorney stated her client didn't have the money for that, that's BS.

The Judge yesterday hinted he might not be the Judge at trial. How can that be?


I thank you kindly.

TPK

[socrateaser]

>1. Are you suggesting a custody evaluation that would result
>in a change of custody or getting a shrink to just agree with
>me on the vaccine issue?

I'm suggesting that if your wife exhibited signs of paranoia in the hearing, if she was really as out of control as you are suggesting, and the judge saw this, then maybe you can actually show that she is mentally ill enough to be reasonably likely to be found not the preferred daily custodian. I'm not real sure, cause I wasn't present. But, you have an issue of the vaccines, which is definitely paranoid, and if a psychologist were to find her extremely paranoid and obsessive, and simultaneously find you a loving, healthy noncontrolling chap, that maybe you could switch sides of the court.

I don't know.

>2. Typically, what kinda money are we talking about for a
>custody eval?....$5K....$10K?? From reading posts from other
>members here at Sparc, it seems like this is a lengthy process
>which most of the time never changes the "status quo".

Yes, could easily be in that price range. Ask your attorney for an objective eval of your chances in view of the wife's behavior.

>3. Is the $110.00 more a month worth fighting for or is this
>not significant $$ to waste the time? What would you recommend
>here?

If you're not playing games, then you have little to fear. Court must find something to justify adding support -- can't come from thin air. I think he's trying to frighten you into an early settlement so he can get it off his plate. From his perspective, everyone plays with their books to avoid support, and certainly to avoid taxes, but it's your opponent's job to point the defects out, not the judge's.

Actually, since everyone was in the room, you could conceivably ask the judge to remove himself from the case for prejudice. Of course, if he refuses, then that would be a big set back.

>4. How on earth can a Judge be considered an expert on
>"accouting issues" without being a CPA? I feel it would be up
>to my opponent to have expert testimony to dispute this.

See above.

>
>My attorney offered to have me deposed on this. Wife's
>attorney stated her client didn't have the money for that,
>that's BS.

Just fun and games in the court.

>
>The Judge yesterday hinted he might not be the Judge at trial.
>How can that be?

Retirement, stepping down, vacation, appointment/election to a higher court., loss of election, reorg in court admin, etc.

[TPK]

>>
>>The Judge yesterday hinted he might not be the Judge at
>trial.
>>How can that be?
>
>Retirement, stepping down, vacation, appointment/election to a
>higher court., loss of election, reorg in court admin, etc.

Actually, he's a New Judge in the Supreme Court there, hasn't even been there for a year. Choosing from your above possibilities, a vacation is all I can think of but he made no mention of that or any else of the above. It would seem that if he's not the Judge at trial, we'll have to educate the new judge on all the issues :(

Thanks


TPK