Custody reversal & Child Support

[grazer]

I am in the state of Mississippi. I have been divorced for 11yrs. At time of divorce my 2 children were 8yrs(daughter) and 5yrs(son). In this state it is judicial procedure that you are required to return to the same judge that granted divorce for "all" post divorce matters, unless the judge is un-seated or you receive a court order change of venue. At divorce my ex received physical custody and I retained joint legal custody. My post divorce history has been crazy, I have appeared before this same judge aprox. 10 times.
1. child support mod. (emergency trial) by ex
2. Emergency trial to order ex to provide medical for son. by me
3. Modify visitation=transportation (ex moved away). by me
4. Fraud by ex out of pocket medical expense + order ex to provide medical insurance. by me
5. Motion to compel for medical insurance. by me
6. Medicaid Fraud by ex. by me
7. Custody to me
8. Child support to me
Several other minor=contempt by ex/me and numerous cross complaints by ex.

I was awarded custody of my 2kids April/04. Main reason that ex had failed to provide for son (special needs child). And wishes of the children.
The children were at this time 14 and 17yrs old. Also, for past wrongs that ex had committed against me (fraud, failure to provide insurance, ect.)

In August/05 ex had finally brainwashed son in returning to her and son signed a parental election stating his wishes to live with her. His main statements to me and others the reason for this wish to live with mom is that he misses her and he/she have a special bond and no other reason given. And there has not been material change of circumstance of my custody. And son has not been fighting me to go to his mom's=son hasn't been running away ect.!

Ex via emergency motion attempted to gain custody. Judge denied to change custody on an emergency basis (no grounds proved by ex). Judge stated that custody issue would be required to be heard on a "full" trial basis and requested my ex to obtain a Nov/05 court date for "full" trial. The judge stated the reason for a Nov/05 trial date that if the merits of the case showed a change in Custody that it would be near son's Christmas Holiday and mid semester/half school year.

Ex did not immediatly pursue a Nov/05 court date with the judge's administrator. Ex in Oct/05 obtained a Jan.27/06 trial date with my mutual agreement. Second week of Jan/06 ex requested to me for continuance of the Jan.27/06 court date. I refused and ex then set an appointment time with the judge during the judge's ex-parte day to request the judge to grant contiuance.

Jan/17/06 ex and I (both pro-sce) meet with judge. I give the judge my motion for dismisal of request for continuance and in my motion I state reasons for dismisal, ex did not follow judges request for trial date, this matter has been hanging over me and my son's head, if continuance granted it will preclude me from making plans for son's spring/summer activities. Ex produced a copy of a jury summons for the circuit court of her home county for the week of Jan/27/06 as her reason for continuance. I also produced copy of supreme Court ruling stating that you are not allowed to set a court date in one court and attend a trial in another court at the same time(paraphrased).

Judge granted the continuance. Siteing that it would be in son's best interest that a continuance be granted due to that a later court date would be better timing with the end of the school year. Totally ignoring what I had presented and shown as problem with continuance. Now May/06 trial date.

Questions:
1. By judge granting continuance do you feel that she has already made up her mind regarding custody. or am I just reading to much into granting continuance. (remember this judge knows us on first name basis)

2. Isn't it true that a child's election/wishes were to live is "only" part of the determination judge will use. (son is 16yrs old, but is in the 9th grade and maturity level of his peers=14-15yrs)

3. If custody is given to ex, how do I protect myself from Child Support which ex has previously frauded me, nickled/dimed me, frauded medicaid, and refused to provide for children when they were in her custody and I paid $900.00 monthly in C/S.

4. Would I be able to gain a change of venue with this trial already scheduled. Neither I or ex reside in county that has present jurisdiction.

Grazer

[socrateaser]

>Questions:
>1. By judge granting continuance do you feel that she has
>already made up her mind regarding custody. or am I just
>reading to much into granting continuance. (remember this
>judge knows us on first name basis)

A jury summons is like a royal flush -- it trumps all other issues. You're reading too much into the continuance.

>
>2. Isn't it true that a child's election/wishes were to live
>is "only" part of the determination judge will use. (son is
>16yrs old, but is in the 9th grade and maturity level of his
>peers=14-15yrs)

Yes, but the older/more mature the child, the more weight accorded the election.

>
>3. If custody is given to ex, how do I protect myself from
>Child Support which ex has previously frauded me,
>nickled/dimed me, frauded medicaid, and refused to provide for
>children when they were in her custody and I paid $900.00
>monthly in C/S.

Bring it up and ask the judge to make special orders requiring the other parent to provide you with an accounting of her expenditures on the child's behalf. Ordinarily, no judge would order this, but if you already have prior judgments determining that the other parent has a pattern of abusing support money, then you may have a good argument.

>
>4. Would I be able to gain a change of venue with this trial
>already scheduled. Neither I or ex reside in county that has
>present jurisdiction.

Oh. Yes, that would be EXTREMELY viable, if neither of you, nor the child resides in the county. You may even be able to convince your ex to stipulate to a joint motion to change venue if you agree to her county for convenience.

Although, it seems to me that the judge has been fair and that you have had as good a shake as could be expected, so you may be shooting yourself in the foot.

You have the child -- you should be able to figure out why he "really" wants to move. If you can get him to revoke his election, then that would pretty much destroy your ex's case. That's what you should be thinking about, not all sorts of legal manuvers.

[grazer]

I am in the state of Mississippi. I have been divorced for 11yrs. At time of divorce my 2 children were 8yrs(daughter) and 5yrs(son). In this state it is judicial procedure that you are required to return to the same judge that granted divorce for "all" post divorce matters, unless the judge is un-seated or you receive a court order change of venue. At divorce my ex received physical custody and I retained joint legal custody. My post divorce history has been crazy, I have appeared before this same judge aprox. 10 times.
1. child support mod. (emergency trial) by ex
2. Emergency trial to order ex to provide medical for son. by me
3. Modify visitation=transportation (ex moved away). by me
4. Fraud by ex out of pocket medical expense + order ex to provide medical insurance. by me
5. Motion to compel for medical insurance. by me
6. Medicaid Fraud by ex. by me
7. Custody to me
8. Child support to me
Several other minor=contempt by ex/me and numerous cross complaints by ex.

I was awarded custody of my 2kids April/04. Main reason that ex had failed to provide for son (special needs child). And wishes of the children.
The children were at this time 14 and 17yrs old. Also, for past wrongs that ex had committed against me (fraud, failure to provide insurance, ect.)

In August/05 ex had finally brainwashed son in returning to her and son signed a parental election stating his wishes to live with her. His main statements to me and others the reason for this wish to live with mom is that he misses her and he/she have a special bond and no other reason given. And there has not been material change of circumstance of my custody. And son has not been fighting me to go to his mom's=son hasn't been running away ect.!

Ex via emergency motion attempted to gain custody. Judge denied to change custody on an emergency basis (no grounds proved by ex). Judge stated that custody issue would be required to be heard on a "full" trial basis and requested my ex to obtain a Nov/05 court date for "full" trial. The judge stated the reason for a Nov/05 trial date that if the merits of the case showed a change in Custody that it would be near son's Christmas Holiday and mid semester/half school year.

Ex did not immediatly pursue a Nov/05 court date with the judge's administrator. Ex in Oct/05 obtained a Jan.27/06 trial date with my mutual agreement. Second week of Jan/06 ex requested to me for continuance of the Jan.27/06 court date. I refused and ex then set an appointment time with the judge during the judge's ex-parte day to request the judge to grant contiuance.

Jan/17/06 ex and I (both pro-sce) meet with judge. I give the judge my motion for dismisal of request for continuance and in my motion I state reasons for dismisal, ex did not follow judges request for trial date, this matter has been hanging over me and my son's head, if continuance granted it will preclude me from making plans for son's spring/summer activities. Ex produced a copy of a jury summons for the circuit court of her home county for the week of Jan/27/06 as her reason for continuance. I also produced copy of supreme Court ruling stating that you are not allowed to set a court date in one court and attend a trial in another court at the same time(paraphrased).

Judge granted the continuance. Siteing that it would be in son's best interest that a continuance be granted due to that a later court date would be better timing with the end of the school year. Totally ignoring what I had presented and shown as problem with continuance. Now May/06 trial date.

Questions:
1. By judge granting continuance do you feel that she has already made up her mind regarding custody. or am I just reading to much into granting continuance. (remember this judge knows us on first name basis)

2. Isn't it true that a child's election/wishes were to live is "only" part of the determination judge will use. (son is 16yrs old, but is in the 9th grade and maturity level of his peers=14-15yrs)

3. If custody is given to ex, how do I protect myself from Child Support which ex has previously frauded me, nickled/dimed me, frauded medicaid, and refused to provide for children when they were in her custody and I paid $900.00 monthly in C/S.

4. Would I be able to gain a change of venue with this trial already scheduled. Neither I or ex reside in county that has present jurisdiction.

Grazer

[socrateaser]

>Questions:
>1. By judge granting continuance do you feel that she has
>already made up her mind regarding custody. or am I just
>reading to much into granting continuance. (remember this
>judge knows us on first name basis)

A jury summons is like a royal flush -- it trumps all other issues. You're reading too much into the continuance.

>
>2. Isn't it true that a child's election/wishes were to live
>is "only" part of the determination judge will use. (son is
>16yrs old, but is in the 9th grade and maturity level of his
>peers=14-15yrs)

Yes, but the older/more mature the child, the more weight accorded the election.

>
>3. If custody is given to ex, how do I protect myself from
>Child Support which ex has previously frauded me,
>nickled/dimed me, frauded medicaid, and refused to provide for
>children when they were in her custody and I paid $900.00
>monthly in C/S.

Bring it up and ask the judge to make special orders requiring the other parent to provide you with an accounting of her expenditures on the child's behalf. Ordinarily, no judge would order this, but if you already have prior judgments determining that the other parent has a pattern of abusing support money, then you may have a good argument.

>
>4. Would I be able to gain a change of venue with this trial
>already scheduled. Neither I or ex reside in county that has
>present jurisdiction.

Oh. Yes, that would be EXTREMELY viable, if neither of you, nor the child resides in the county. You may even be able to convince your ex to stipulate to a joint motion to change venue if you agree to her county for convenience.

Although, it seems to me that the judge has been fair and that you have had as good a shake as could be expected, so you may be shooting yourself in the foot.

You have the child -- you should be able to figure out why he "really" wants to move. If you can get him to revoke his election, then that would pretty much destroy your ex's case. That's what you should be thinking about, not all sorts of legal manuvers.