What words do I use...

[reellis527]

Okay I was taking my daughter to a speciliast because I was concerned inappropriate things were happening when she was with her dad for their every other weekend visits.  The specialist did not conclude anything sexual misconduct had occured with my daughter but concluded that inappropriate things were happening in the daughters presence.  Like my daughter talked about the different women her and her dad slept with, about the woman being naked and about her not being allowed to tell the woman about each other.  Now I want to stop his every other weekend vistation because it is clear that he doesn't have a reasonable place for her to sleep that doesn't involve women in the bed.  He testified under oath that he lives with his mom which is a falt out lie, in lives in a one bedroom with his father, sister, uncle and whatever woman he picks for the night.

1) Is this a change in circumstance to take away the every other weekend visitation?

2) Not sure what I should put on the modification paper, that I request supervised visits until he has an adequate place for the child or no overnight visitation?

3) His character with the courts is already tarnished because he admitted to ________ to the tape of her being born, will this help me in any way?

[socrateaser]

>Okay I was taking my daughter to a speciliast because I was
>concerned inappropriate things were happening when she was
>with her dad for their every other weekend visits.  The
>specialist did not conclude anything sexual misconduct had
>occured with my daughter but concluded that inappropriate
>things were happening in the daughters presence.  Like my
>daughter talked about the different women her and her dad
>slept with, about the woman being naked and about her not
>being allowed to tell the woman about each other.  Now I want
>to stop his every other weekend vistation because it is clear
>that he doesn't have a reasonable place for her to sleep that
>doesn't involve women in the bed.  He testified under oath
>that he lives with his mom which is a falt out lie, in lives
>in a one bedroom with his father, sister, uncle and whatever
>woman he picks for the night.
>
>1) Is this a change in circumstance to take away the every
>other weekend visitation?

Yes, I think so, assuming you can prove it to the court's satisfaction, by your testimony, or that of the therapist.
>
>2) Not sure what I should put on the modification paper, that
>I request supervised visits until he has an adequate place for
>the child or no overnight visitation?

Yes, that would be good.

>
>3) His character with the courts is already tarnished because
>he admitted to _________ to the tape of her being born,
>will this help me in any way?

Ugh. I wonder if you really needed to post this particular statement.

[reellis527]

Sorry wasn't trying to be "vulgar" about it but that really pissed the judge of last time but I still needed something else for "proof".  Okay I have my modification all filled out and ready to be filed.  He has not seen the child since Christmas vacation because I have been withholding her because of the perviously mentioned statements.  I know he has to miss several visits in our state in order to hold me in contempt of courts

1) if my modifcation and his contempt paperwork cross is that a bad thing, does that not look good for me?

2) is it smart to file my contempt for nonpayment of child support at the same time I file for modification of custody?

3) how likely is it for him to visit with his child 8:00 - 8:00 on saturday, then 8-8 on sunday, is that a good plan or feasible in the courts eyes?

I want to prove that he lives in dc with his father...

4) how can I prove this?  I know his pay stub shows that address and him paying dc taxes.

5) how do I get the courts to "subpeona" that information?

[socrateaser]

>Sorry wasn't trying to be "vulgar" about it but that really
>pissed the judge of last time but I still needed something
>else for "proof".  Okay I have my modification all filled out
>and ready to be filed.  He has not seen the child since
>Christmas vacation because I have been withholding her because
>of the perviously mentioned statements.  I know he has to miss
>several visits in our state in order to hold me in contempt of
>courts
>
>1) if my modifcation and his contempt paperwork cross is that
>a bad thing, does that not look good for me?

I think it's largely irrelevant, because the court will simply recognize that a fight's brewing.

>
>2) is it smart to file my contempt for nonpayment of child
>support at the same time I file for modification of custody?

It depends on whether you think you can dig up more facts for your contempt action during the custody action. If so, then wait, otherwise, file.

>
>3) how likely is it for him to visit with his child 8:00 -
>8:00 on saturday, then 8-8 on sunday, is that a good plan or
>feasible in the courts eyes?

This is a reasonable solution and shows that you don't want to cut him off just because you can.

>
>I want to prove that he lives in dc with his father...
>
>4) how can I prove this?  I know his pay stub shows that
>address and him paying dc taxes.

You serve him with a "Request for Production of Documents and Other Things." You don't need a subpoena to get relevant info from a party to the case. Subpoenas are only to (1) get information from third party witnesses, and (2) to compel a party's attendance at a civil hearing.

>
>5) how do I get the courts to "subpeona" that information?

Court doesn't do it. You do it. See above.

[reellis527]

Thanks!