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Dropping motions...and power of attorney rights...

Started by dipper, Jul 09, 2006, 09:47:28 PM

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dipper

Soc,

Custody reversed to me on June 15th.  Ex called me a F**king idiot in front of children within 5 minutes of reversal- this is expressly prohibited in court order.  And it is far from the first time, she has admitted to doing the same in court twice before with  no consequences from the judge.  

We have also been at war about visitation time as dates are not specified in order..and there is debate as to what order actually says.  She is demanding more time than I was given though the order is EXACTLY the same, with only role reversals.  BM has threatened to take me to court for contempt even though I have not violated anything...

i called my lawyer and he suggested that I file a show cause on the cursing before she gets ahead of me with her complaints.  I did this and also filed for a modification to the order on visitation guidelines, asking for more specific wording.

things have not settled down at all here.  Son wanted to stay here over the weekend as bm refused to let him spend July 4th here....we had suggested two week visitation beginning on July 7th.  

son is almost 15, and he wanted to stay, I was not refusing to take him.  So, I felt the responsible thing was for him to call BM.  BM said that I used son as messenger and refused to accept that it was his decision and that i was not refusing the visit.

AFter two days of arguing over everything but the delayed visitation, she agreed to visitation beginning today.  She stated for son to be at her home at 4:00.  She even called straight back to verify, saying she cant believe anything i say.

today, he got there at 4:00....she insisted that he was supposed to be there at 2:00.

Soc, I am really worried about coming up with money for a lawyer so soon after all the custody battles.  I am considering dropping hte show cause and modification for this reason - plus the fact that I really dont want son dragged into court anymore.  I am torn by these factors versus the constant fighting we have to go through.

Also, my spouse is working part-time during the summer and has a much more flexible job than I do at anytime.  I want to give her power of attorney to take son to dr/counseling/dental appointments and act on my behalf.

Soc,

If I dismiss present motions on modification and show cause, can I refile if this comes an even more pressing issue at some point?


how do I draw up papers allowing my spouse to take son to appointments with the same authority I would have?


socrateaser

>If I dismiss present motions on modification and show cause,
>can I refile if this comes an even more pressing issue at some
>point?

Depends on the new evidence that arises at the time you file and how injurious is appears to be.

>how do I draw up papers allowing my spouse to take son to
>appointments with the same authority I would have?

Most states have a statutory power of attorney form in their state code.
However, a power of attorney (POA) is frequently not accepted by third parties anymore. They don't want to risk the possibility of relying on a false document. So, you may want to directly authorize your spouse with the various providers directly in advance.

Nevertheless, a POA can be useful in an urgent circumstance.