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Modification of visitation

Started by I cry_ in_the_dark, Aug 28, 2005, 06:53:56 PM

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I cry_ in_the_dark

After many many months of heart-wrenching soul searching and daily "torment" of trying to decide what is in the best interest of my children, I have decided to move a fair distance from my children. This can be on a temporary basis, or, permanent. That choice is mine to make. Regardless, it is in fact, in the best interest of all. I am pro se.

While I'm sure most will rip me apart for making this decision, that is not my issue.

1.) What do I need to do in regards to maintaining a good deal of the visitation that i currently have. (ie holidays and summer)

Currently, my new work schedule is unknown, and probably would not be set in stone until after December and I complete my training. It is very likely  that I could return to the state (PA) on a monthly basis for a weekend.

2.) What should/ how do I ask for a "liberal" visitation so that I could, at the very least, visit with my kids once a month.

3.) Any other thoughts/ suggestions? (Especially in regards to reasoning why I have decided to move.)


Cancun????? Have a blast!!!

Thanks~

socrateaser

>1.) What do I need to do in regards to maintaining a good deal
>of the visitation that i currently have. (ie holidays and
>summer)

I don't recall the specifics of your case, so I can't give any advice until you restate the facts.

I cry_ in_the_dark

Ok, I'm not sure what specifics it is that you want, but here goes.

Two years ago, I lost physical custody of my 2 kids, now 14 and 11. Joint legal custody (Is there really such a thing?). I guess I have pretty much standard visitation, EOW with 4 hous a day or two during the week.
EO Holiday, 4 total weeks during the summer.

It is repeatedly in the court order that Mr. X would be liberal and allow the kids to come and go. Of course that never happened. It has also been a major struggle just to receive what I am already entitled to without interuptions of some sort.

I've been doing some travelling for work, and every time I go somewhere they are conveniently grounded from the computer, which of course, jacks my phone bill way up.

I guess none of that is really pertinent. Mostly what I am looking for is, to maintain my summer visits, or even perhaps have them lengthened.
Also, it is very likely that I will be able to return "home" once a month, altho until I complete my training in December, I won't know of my schedule.

I'm also wondering if there isn't some way that being able to talk on the computer couldn't be included, similar to that  which states phone calls are allowed.

I know, I am the one moving, and I can't expect the world.  I simply want to maintain most of what I already have within reason. If Mr. X had been reasonable had he promised the courts, I would have no concern. But I can't expect him to start being reasonable now, especially with my 14 year old having told him she hates his wife and doesn't want to be living with him anyways. Unfortunately, there's nothing I can do about that either, as long as the current judge maintains his job.

socrateaser

>After many many months of heart-wrenching soul searching and
>daily "torment" of trying to decide what is in the best
>interest of my children, I have decided to move a fair
>distance from my children. This can be on a temporary basis,
>or, permanent. That choice is mine to make. Regardless, it is
>in fact, in the best interest of all. I am pro se.
>
>While I'm sure most will rip me apart for making this
>decision, that is not my issue.
>
>1.) What do I need to do in regards to maintaining a good deal
>of the visitation that i currently have. (ie holidays and
>summer)

I would be looking to get your 14 year old evaluated by a therapist as to the desire to reside with you. The child's age is important, but I don't know how you can do anything until you know where you will live. If you're always traveling around, your case for anything more than reasonable visitation is extremely weak.


>
>2.) What should/ how do I ask for a "liberal" visitation so
>that I could, at the very least, visit with my kids once a
>month.

I'd be waiting it out, seeing my kid as often as I can and trying to set up some counseling sessions so as to have someone who will testify about the child's true desire to live with you.

>
>3.) Any other thoughts/ suggestions? (Especially in regards to
>reasoning why I have decided to move.)

Not at the moment.

I cry_ in_the_dark

Thanks Soc.

But I do want to clear up a few things. I only recently started travelling for my company, which involved being gone Monday thru Friday and home every weekend.  I did so out of neccessity. It pays extremely well and considering I live on 600 bux a month after child support, it is nice to have a dollar in my pocket to rent a movie or go for a burger.

Because of my travels, corporate office noticed my work and efforts and I have been offered a position. I will not be travelling, and I know where I will live. I simply don't know what my schedule is going to be to make the trip back here until after I finish an 8 week MIT course. But as I said, that would likely be once a month for the weekend.

Soc, when this went to court, this judge went against reccomendations by the family doctor. My son's mobile therapist (for ADHD) testified and  in the court order, it basically says my son's therapist was a liar. The judge went against the COURT APPOINTED PSYCHOLOGIST who reccomended the children stay with me.

My daughter, 12 at the time, testified she wanted to stay with me. The judge told her, "Girlie, I will decide where you live until the day you are 18 years old."

I don't stand a chance in he** of getting them back, as I said, as long as this judge is in office. To keep it sweet...money talks...

socrateaser

>Thanks Soc.
>
>But I do want to clear up a few things. I only recently
>started travelling for my company, which involved being gone
>Monday thru Friday and home every weekend.  I did so out of
>neccessity. It pays extremely well and considering I live on
>600 bux a month after child support, it is nice to have a
>dollar in my pocket to rent a movie or go for a burger.
>
>Because of my travels, corporate office noticed my work and
>efforts and I have been offered a position. I will not be
>travelling, and I know where I will live. I simply don't know
>what my schedule is going to be to make the trip back here
>until after I finish an 8 week MIT course. But as I said, that
>would likely be once a month for the weekend.
>
>Soc, when this went to court, this judge went against
>reccomendations by the family doctor. My son's mobile
>therapist (for ADHD) testified and  in the court order, it
>basically says my son's therapist was a liar. The judge went
>against the COURT APPOINTED PSYCHOLOGIST who reccomended the
>children stay with me.
>
>My daughter, 12 at the time, testified she wanted to stay with
>me. The judge told her, "Girlie, I will decide where you live
>until the day you are 18 years old."
>
>I don't stand a chance in he** of getting them back, as I
>said, as long as this judge is in office. To keep it
>sweet...money talks...

I don't understand the last reference, re money. If you are suggesting that the judge was "bought," then you should have appealled for the civil abuse of discretion, and moreover, you should have gone to the media and probably to the U.S. Attorneys office. Actions by a judge that are wholly outside of judicial authority are prosecutable under the Federal Civil Rights Act.