What to file?

[Imom]

Soc,
I could not stay away for long. There are issues at hand that need to be dealt with. My current orders are very vague as to what obligation both myself and I have regarding most issues, communication, exchange of information etc. etc, in fact there are none.  Here is the order;

AGREEMENT CONCERNING CUSTODY AND VISITTATION
Comes no the parties hereto and herein submit to the Court the following agreement concerning the Custody and Visitation of their minor child.

1. Background: List all parties and child's name, dob's . S.S. number's and what state they will reside.

2. Legal custody: The parties herein agree that they will share joint legal custody of the minor child.

3. Physical Custody: The parties agree that they shall each share the physical custody of their child in the following manner:

Father: The father shall have physical custody of the minor child from 1 week prior to the school year
until 1 week following the school year.

Mother: The mother shall have physical custody of the minor child during times when the child is out of school for any period of time longer than a 3 day weekend.

4. Transportation: The parties acknowledge that this arrangement may lead to considerable expense for transporting the child between residences. After careful consideration and discussion, the parties agree that transportation shall be the responsibility of the non-custodial parent.

5. Support: The parties agree that any support obligation in this matter would be nearly equal.
Therefore, the parties have agreed that no direct support shall be paid from 1 parent to the other.

6. Visitation: The parties agree that the distance involved will make visitation difficult. The parties agree to any reasonable visitation upon advanced notice.

The Christmas vacation on even years will be spent with the father and the Christmas vacation on odd years will be spent with the mother.

7. Tax Exemption: The father shall be allowed to claim the child, xxxxx xxxxx xxxxx, as a dependant for tax purposes for the even years. The father agrees to execute any documents necessary for the mother to claim said child during the odd years.

The mother shall be allowed to claim the child, xxxxx xxxxx xxxxx, as a dependent for tax purposes for the odd years. The mother agrees to execute any documents necessary for the father to claim said child during the even years.

Both parties signed, ordered and dated by the court December 23, 1998.

**********************************************************

The main issue at hand that may open the door for a clarification/modification is as follows;

Upon my pick up of my son on August 9, 2005 my ex informed me that my son has glasses that he wears there and that's why she did not get the glasses I provided (he wore there) fixed.

( Child, age 10, states he wears bm's glasses and has never been to an eye doctor there like he does here)

On September 18, via email I asked her for the Optometrist's name and number that prescribed the glasses.

In response sent via email on October 1, my ex stated;

  "Hey the glasses are from Wal-Mart."

I sent another email to her on October 2, asking for the correct contact information to the Wal-Mart, as there are several in her immediate area.

No response, therefore I sent her a request via certified mail.

Upon checking/calling there are around 20+ Wal-Marts within 1 hour drive of my ex. I have called most of them, down to 4, plus 2 outside  Optometrist's that I have to call (these Wal-Marts use outside Optometrist's ) to say the least I am getting the same response, NO my child has not been seen there.

I am going to go off track please bare with me. At the last court hearing bm raised such an issue with me using certified mail. She stated the post office refuses to deliver certified items to her anymore because I send all correspondences that way.

The Judge, in away agreed with her. Stating that you have to sign for those, if your not home they leave a notice thus you have to go pick it up. He harped big time on email. He did state that he knew why I sent it that way; to make sure she got it. In around about way he stated he would accept email correspondences as evidence.

I called USPS they stated that certified mail is a service they offer that as a consumer I pay for and they will deliver it. There is NO limit how many you can send/receive, etc, etc.

BUT, I stepped down and  I converted to using email; explaining to my ex I would only use certified mail as a last resort. Wanting to resolve further hostility.

Today I got a response to my letter sent via certified after 18 days at the post office;

Now my ex is claiming she did not say that in court (transcripts anyone). That I am in return calling her a liar. That the issue is they refuse to put a notice of notice of attempted delivery card in her mail box or put any mail in her mail box. (How would she know that he was attempting to deliver a certified letter then?)

She stated in this response also that she will no longer accept certified mail from me. In response to that I know I can not force her. But I am going to at one last attempt send a request for this information from her using delivery confirmation; she will not have to sign for this.

I figure if the Judge will allow email, why wouldn't he accept delivery confirmation.

In this letter today, she still did not provide me with this information I requested. She stated ;
 
"The Optometrist I want xxxxx to see is Doctor xxxxx. He is who I see and will be glad to schedule an appointment to get a file started on xxxxx right away.  The thing with Wal-Mart is it was a quick fix to a small inconvience."

As you can see there needs to be more of a guidance as to what responsibilities both she and I have. These are not the only issue but just a taste. I know I can not file contempt with what I have now. But want to move forward and resolve all issues if that's what I can do.

1. Would this motion be a clarification to the current orders or a modification?

2. Do I summit with this motion these correspondences or wait and offer them in court?

3. Can I ask that all other issues be resolved then just simply communication and exchange of information?

4. If I can ask that all other issues be resolved; do I do so within the same motion?
      If so do I do this in the form of a affidavit filed with the motion or my testimony in court.

5. Any other advice would be greatly appreciated.

[socrateaser]

>1. Would this motion be a clarification to the current orders
>or a modification?

Clarify.

>
>2. Do I summit with this motion these correspondences or wait
>and offer them in court?

Submit copies of correspondence.

>
>3. Can I ask that all other issues be resolved then just
>simply communication and exchange of information?

No, you need to be express with the court as to what you want clarified.

>
>4. If I can ask that all other issues be resolved; do I do so
>within the same motion?

Yes, but you must state each issue, your supporting evidence/testimony, and how you want it resolved.

>      If so do I do this in the form of a affidavit filed with
>the motion or my testimony in court.

The motion tells the court what you want; the affidavit is your sworn testimony, submitting evidence supporting the motion; usually a memo of points and authorities is required, but it can be as short as a one-sentence citation to the statute permiting the motion for clarification (or as long as 10-15 pages of argument for a complex legal matter).

[Imom]

I have a few questions. I would like the transcripts from the last hearing to be included as evidence (bm's statements).

However, I want to look at them first to prepare.

What I am trying to figure out is the proper procedure to introduce the transcripts.

I am sure I could not introduce a copy that I purcahsed prior, but unsure if I am going to have to file some type of subpoena/request for them to be transford at the new court hearing.

1. Could you advise what the proper procedure to introduce the transcripts is?

2. Do you have any idea if this would add extra cost (would I have to pay another coping fee?

[socrateaser]

>1. Could you advise what the proper procedure to introduce the
>transcripts is?

If you're introducing it with the motion pleading, you just make a copy of the section that you're trying to introduce and then reference it in your affidavit and/or points and authorities.

If you're introducing it at a hearing, then you can ask the court to admit your certified copy of the transcript into evidence, and then permit you to read a section of the transcript into the record. If the judge says ok, then you give opposing counsel a copy of the transcript section you intend to read, and then you read from it. Or, if there's a witness other than yourself on the stand, you can ask the witness to read the section. This is especially useful if the witness has just contradicted him/herself and you want them to read what they said in prior testimony and explain the contradiction.

>2. Do you have any idea if this would add extra cost (would I
>have to pay another coping fee?

Call the court reporter office and ask.