Yet another hearing

[forthekids24]

My ex and I have been in and out of court since she moved back to the area in February.

She was asking for every other week, I was proposing every other weekend.
The last hearing the judge asked me to give my ex a chance to prove that she can parent on school nights.
She told the judge that she would be taking over the mortgage on her parents house and would not be moving again.

Since that hearing my ex :
-Does not review homework (younger daughters teacher has a planner you have to sign after homework every night)

-Does not put the children to bed at a decent hour

-The children fail tests after they have been at their mothers house the night before. ( I have letters from teachers)

-She signed up to volunteer at the childrens school and then told the children it was my weekend and she wasn't going to go, to tell me to go in her place.

-Has been kicked out of her parents house (in front of the children)

-Is seeing boyfriend #3 in as many months (and yes, they sleep over when our daughters are at her house)

-Is carrying on a romantic relationship with her direct supervisor.

-Her direct supervisor is either paying for all or part of her rent

-Telling the youngest that she is going to Hell because she was never baptized

-Let her older daughter (not mine) who is 15 drop out of regular high school to be on an independent study program.

My daughters make up reasons to come home, even if for a few minutes on their moms school nights.

My daughters both have cavities now.  My younger daughter told me she didn't even have a tooth brush at her moms house.  They have not had any cavities since my ex lived in the area a few years ago and saw them regularly then.

1) Of the items I have stated above, which will carry the most weight with the Judge?

2) Are there any key buzz words/ phrases that will help with the Judge?  Ie (best interest of the children)

3) Any other words of wisdom you can share?

Thanks!
FTK

[socrateaser]

>Since that hearing my ex :
>-Does not review homework (younger daughters teacher has a
>planner you have to sign after homework every night)

This is good, because it comes with independent evidence (the planner).

>
>-Does not put the children to bed at a decent hour

Impossible to prove without the child's testimony. Likely worthess.

>
>-The children fail tests after they have been at their mothers
>house the night before. ( I have letters from teachers)

Question is, did they pass similar tests in the same classes when they were at your home the night before during the same general time frame? If so, then corrolating proof of the test results with the parenting schedule is good. The letters, however, are inadmissible hearsay, unless the teachers are subpoenaed to testify to their content.

>
>-She signed up to volunteer at the childrens school and then
>told the children it was my weekend and she wasn't going to
>go, to tell me to go in her place.

Impossible to prove without the child(ren)'s testimony. Likely worthless.

>
>-Has been kicked out of her parents house (in front of the
>children)

Irrelevant. Proves nothing about mother's parenting skills.

>
>-Is seeing boyfriend #3 in as many months (and yes, they sleep
>over when our daughters are at her house)

Irrelevant. Proves nothing about mother's parenting skills.

>
>-Is carrying on a romantic relationship with her direct
>supervisor.

Irrelevant. Proves nothing about mother's parenting skills.

>
>-Her direct supervisor is either paying for all or part of her
>rent

Irrelevant. Proves nothing about mother's parenting skills.

>
>-Telling the youngest that she is going to Hell because she
>was never baptized

Impossible to prove without the child's testimony. Likely worthless.

>
>-Let her older daughter (not mine) who is 15 drop out of
>regular high school to be on an independent study program.

Irrelevant.

>
>My daughters make up reasons to come home, even if for a few
>minutes on their moms school nights.

You should be recording the phone calls from the kids when they do this. Otherwise, your word against the other parent, so likely worthless.

>
>My daughters both have cavities now.  My younger daughter told
>me she didn't even have a tooth brush at her moms house.  They
>have not had any cavities since my ex lived in the area a few
>years ago and saw them regularly then.

Trying to make this causal connection requires you to state improper personal opinion that "but for" the child's failure to brush at her mom's, she would not have any cavities. Inadmissible.

>1) Of the items I have stated above, which will carry the most
>weight with the Judge?

The school issues, assuming you have sufficient objective proof. Othwerwise, your case is pretty weak.
>
>2) Are there any key buzz words/ phrases that will help with
>the Judge?  Ie (best interest of the children)

Well, if the other parent is represented by counsel, you're pretty much toast, based on your evidence. If not, then maybe you can get the evidence admitted, because mom won't object. I don't really have much to add at the moment.

>3) Any other words of wisdom you can share?

This may be a time when the kids should come and testify. Without them, you're probably not gonna be real happy with the outcome of the hearing.