New turn of events

[mykidsdad]

Good Morning Soc,

If you remember my last post, BM had our daughter on Adderall, well we were able to get her oof of it, and BM has given me our daughter for an undisclosed amount of time..

I had taken our daughter to a pediatrician and he said that she was not AD/HD, Igot her inrolled in speech therapy, Ocupational therapy, Behavioral modification therapy, and socialization therapy classes..

She has been diagnosed with a Learning disorder, so BM decided to let me and my wife have her for as long as we needed to get this done, as according to her she does not have the time to work with our daughter, because of work etc..

So now we have had her for a little over two weeks now, she has and is showing great improvement in all of her therapies, BM had her this weekend and when I picked our daughter up this Sunday she has reverted back to where she was when we started therapy..

Anyway onto the questions..

1) None of this therapy is covered by insurance, at a rate of $2000.00 a month.. Divorce decree states we are to split any medical costs that is not covered by insurance.. I have documentation that shows that our daughter does indeed need this therapy, and BM has agreeded to this therapy..

So shouldn't she be legaly responseable for half of the $2000.00 a month??


2) This intense therapy is to go on untill the fall at minimum to get her ready for Kindergarten.. So we will have her atleast untill September..
Do you think that this would be grounds for a modification of child support due to the fact that we have daughter full time and she has our son full time??

3)Do you think we should wait the three months to go for custody, or should we wait untill August or September??


4) Any other suggestions on what we should do??



Thanks in advance for the help..




DUH, I'm not so dumb, I've been practicing!!!!

[socrateaser]

>Anyway onto the questions..
>
>1) None of this therapy is covered by insurance, at a rate of
>$2000.00 a month.. Divorce decree states we are to split any
>medical costs that is not covered by insurance.. I have
>documentation that shows that our daughter does indeed need
>this therapy, and BM has agreeded to this therapy..
>
>So shouldn't she be legaly responseable for half of the
>$2000.00 a month??

Depends on the exact text of your orders re healthcare costs.


>
>
>2) This intense therapy is to go on untill the fall at minimum
>to get her ready for Kindergarten.. So we will have her
>atleast untill September..
>Do you think that this would be grounds for a modification of
>child support due to the fact that we have daughter full time
>and she has our son full time??

Yes. Custody and Support.

>
>3)Do you think we should wait the three months to go for
>custody, or should we wait untill August or September??

No, I think you should act immediately, and use the therapist's testimony as the evidence of a substantial change -- especially if there's evidence related to the child falling back when she returns to the other parent's care. That would be huge, and would be grounds for temporary sole custody.

>4) Any other suggestions on what we should do??

Your situation sucks, because you will probably need an attorney to accomplish what you need to do, and that will severely impact your ability to pay for the therapy. So, I think that you should consider trying to get the therapist to testify that the child should be in your sole care temporarily, and then ask the court to temporarily order you sole custody and support consistent with that order.

But, don't start a permanent custody battle, because it will be enormously expensive. If the court orders temporary, then the status quo will change anyway, and when you ask for permanent primary later, you'll pretty much get it automatically.

[mykidsdad]

Thanks for the quick reply and encouragement!!!!!!!

Just one more question for now..

1) When and if I do get custody of my daughter, what would be the likely hood of being able to get custody of my son without too big of a battle since he is not doing that great in school with her??







DUH, I'm not so dumb, I've been practicing!!!!

[socrateaser]

>Thanks for the quick reply and encouragement!!!!!!!
>
>Just one more question for now..
>
>1) When and if I do get custody of my daughter, what would be
>the likely hood of being able to get custody of my son without
>too big of a battle since he is not doing that great in school
>with her??

That's a different issue with different facts, of which I know absolutely nothing. So, I don't know.

[mykidsdad]

>>2) This intense therapy is to go on untill the fall at
>minimum
>>to get her ready for Kindergarten.. So we will have her
>>atleast untill September..
>>Do you think that this would be grounds for a modification
>of
>>child support due to the fact that we have daughter full
>time
>>and she has our son full time??
>
>Yes. Custody and Support.
>
>>
>>3)Do you think we should wait the three months to go for
>>custody, or should we wait untill August or September??
>
>No, I think you should act immediately, and use the
>therapist's testimony as the evidence of a substantial change
>-- especially if there's evidence related to the child falling
>back when she returns to the other parent's care. That would
>be huge, and would be grounds for temporary sole custody.







1) Is this something that could be handled ProSe without too much difficulty, or do I absolutly need a lawyer to file for the temporary??

[socrateaser]

>1) Is this something that could be handled ProSe without too
>much difficulty, or do I absolutly need a lawyer to file for
>the temporary??

Everyone has the absolute right to represent themselves in court. I have no idea if you personally can do it successfully. You must file a motion for temporary primary (or sole -- your choice) custody and for support on grounds that the child appears to be suffering emotional distress and is failing to thrive in the care of the other parent. You will need an opinion letter from the therapist, and the court may want you to produce the therapist as a witness, before it rules, so you may want to circumvent this likelihood by expressly requesting an evidentiary hearing in advance and subpoenaing the therapist as an expert witness.

Does this sound easy to you? If it does, then go for it. If not, better hire legal counsel.