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Supervision Supervised Visitation
There are certain supervised visitation guidelines that need to be followed by the parent in cases where supervision has been mandated by the family court.
Question: Anyone have advice on drafting a Motion for Summary Judgment?
Answer: There is a lot of info here about summary judgments....
http://www.answers.com/topic/summary-judgment
Question: if judge grants the defendant's motion for summary judgment,? if judge grants the defendant's motion for summary judgment, fine that the motion is well-founded can her order be appeal
Answer: Yes, under certain circumstances. Consult an attorney. Since you can't construct a sentence properly, the appeals process in a lawsuit is way over your head.
Question: Summary Judgment question? I am pro se am I wanted to know if I can win my summary judgment motion based on plaintiff failure to state a real claim for damages. & failure to produce an original document , that plaintiff accuses me of signing in 2004 as a guarantee.
After 2 years of harassment, litigation and a torturous 6 hour deposition, no originals, plaintiff doesn't have original because they are forged documents and have been pleaded to the Court for 2 years.
I believe summary judgment is the best way but I'm looking for some input from you members.
Answer: Before asking for a summary judgment, ask the court to dismiss the case with prejudice based on the plaintiff's inability to sustain his claim despite having two years to do so.
Question: Question about summary judgment? My husband and I are defendants in a civil lawsuit. Due to our financial situation, we had to part ways with our attorney because we simply couldn't afford him anymore. We filed a motion for continuance on our trial to find a less expensive attorney or get legal aid and was denied. The judge gave the plaintiff the 45 days to file summary judgment but they did not file and the time has expired. My question is what do we do now that they haven't file? Do we wait for a trial date or will the judge even set one? Can we ask for dismissal since the did not file summary judgment?
If attorney's didn't charge a ridiculous fee for simple work than I would have a better chance of affording an attorney. All an attorney does is speak in an unfamiliar language and it suddenly makes them worth $400 an hour. BTW we have no trial date set right now.
Answer: Request the court to decide to declare the other party in default and decide on the evidence at hand for summary judgment.
Question: This about Motion for Summary Judgment in FORECLOSURE process? When the person has filed an Affidavit against Summary Judgment and is already in front of the Judge, the legal document I'm working on says that "if you AND the mortgage company disagree about the facts" the Judge should not enter the Summary Judgment and the case will go to trial at a later time".
Shouldn't it say (or be) that "if you OR the mortgage company disagree about the facts"? This (if not a typo in document I'm reviewing and editing), serves as any added confusion to defendant and it makes one think the Judge will go ahead with Summary Judgment if one of the parties doesn't have any problem w/ the facts.
Answer: That legal document is correct.
Think about it. If I say, "The Vikings will win the Super Bowl," and you disagree and believe some other team will win, then by definition we are BOTH disagreeing with each other.
Question: Would a motion for summary judgment be granted in this case? Captain Conrad was a pilot for Delta Airlines. In 1970, Conrad was forced to resign from the airline. He sued, alleging that he was discharged due to his prounion activities, not because of poor job performance, as claimed by Delta. During discovery, a report written by a Delta flight operations manager was produced that stated: "More than a few crew members claimed that Conrad professed to being a leftist-activist. His over activity with the local pilots' union, coupled with inquiries regarding company files to our secretary', lead to the conclusion that potential trouble will be avoided by acceptance of his resignation." Conrad claims that this report is evidence of the antiunion motivation for his discharge. Delta made a summary judgment motion to the trial court. Should its summary judgment motion be granted?
hi everybody, i wanted to add that I need to give a straight answer to this question based on only the information provided. So, either yes or no, and why. Thanks :)
Answer: If this is the entire question, your law professor should be shot.
But the answer is no.
Do you see why? If not, perhaps you should consider dentistry.
Question: What is Summary Judgment Package? When I check the status of a case (debt collector suing me), there is new entry and it says ORDER: TO SUBMIT SUMMARY JUDGMENT PACKAGE WITHIN 30 DAYS
Could you let me know what that is ? Thanks in advance.
I missed the hearing scheduled 5 months ago.
I am guessing the plaintiff also missed the hearing otherwise why would the judge order a new summary again? Is there anything I could do at this point to stop judgment?
Before the hearing was scheduled, I replied with a affirmative defense (very old debt). The plaintiff responded back with a copy of a check that I submitted in 2004 as part of debt settlement agreement. When I sent the check, i indicated that the check was contingent to removal of negative entries. They did not remove the entries so i did not send the rest of the money.
Answer: The court has given one (or perhaps both) parties 30 days to submit a motion for summary judgment, with brief and supporting affidavits. Summary judgement motions ask the court to resolve one or all of the issues in a case as a matter of law, so that they do not have to go to a full blown trial. For example, a motion for summary judgment in a debt collection case may be supported by an affidavit establishing that you have a debt that was unpaid. Unless you respond with a conforming affidavit creating a disputed issue of material fact, the court will enter judgment against you as a matter of law.
Since you do not know anything about this, I assume you missed a scheduling conference. It is hard to tell exactly what went on from a docket entry. Docket entries are simply tools to find the documents in the court file that you are looking for.
Question: how do I respond to a motion for summary judgment? I recieved some anticipated paperwork from the attorney sueing my wife, this after our motion to dismiss was denied.
the paperwork is 1) motion for summary judgment and 2)memorandum in suport of plaintiffs motion for sum judgment.
how does she oppose this? with one form i.e. Opposition to plaintiffs motion for summary judgment.
we requestes interog's a while back. we requested contracts etc. The only thing they sent was partial statments with several charges we cant confirm. In thier memorandum are the same statements and a customer agreement unsigned and undated from another time , there is a copyright date of 2002 and the acount was opened in 2000
with the judge denying our motion I feel that he will side with his golf partner(plaintiff) so it will ultimatly go to the court of appeals,
for now i need some tips on filing this opposition. the creditor is capital one and i am in utah
I also requested names and contact info of any and all witnesses, they never responded, but there is a affiant stating that they have the right to collect the debt. should i request a hearing or just continue with my opposition.
thanks
Answer: I would definitely hire an attorney for this. Capital One has a bad habit of NOT following legal procedure very well. Even to the point of filing for a debt past the statue of limitations! (Which is THREE years, per their contract stating that Virginia laws covers their contracts.)
Most attorneys will give you a free consultation, and it would be worth it for you! Also, if Capital One is trying to collect attorney fees from you, your state laws may allow you to collect your fees from them if you win! (That can be done here in Florida.) If you win, you may also be able to go after Capital One for violations of the Fair Debt Collections Practices Act, but that is more for an attorney to explain. Once you do that, you will know better how to proceed!
Question: My daughter's father has kidnappings on his record, sexually molested my daughter, & is now trying for custody? I live in Minnesota. My daughter's father has 2 prior kidnappings on his record, has taken my kids twice- once in which an Amber Alert was put out- and has also sexually molested my daughter. He is a piece of #%$#%!!! Well, due to the prior kidnappings on his record, it is court ordered that his visitations be supervised. First, when his sister was doing the supervision, that's when the sexual abuse happened. Police didn't do anything being they said it happened in a shower, all evidence would have been washed off. Never took his name or anything. Just like that- they can't do anything. So, then I switched the supervision to his brother and sister-in-laws, where he was horribly intoxicated one night and had fought everyone off when he had taken my kids in the middle of the night after an argument. When I had found out he had them, I had contacted the police, in which, again, they could not do anything being they did not have his license plate number. An Amber Alert was then put on my kids, and he had then met up with me after hearing it on the radio being "he was not yet out of MN". Since then, I had told him all supervision will be done at the local YMCA for a small fee. This had all happened in June/July 2008, and he has not seen her since. He is now looking for custody. My only problem, is that there is no record of anything being that no police had written anything down. Even the Amber Alert seems as if it had never happened. My question is, isn't there any MN Statutes preventing prior kidnappers from any sort of custody? Please help me... this is ridiculous! Is it possible to force a parent to surrender his rights in my state?
Answer: You ned o go to social services & get telling what has gone on and explain that he is trying to get custody, they should be able to have some records found about this especially the amber alert, and then if you need to go to a legal aid service if you cannot afford an attorney, they can prove alot to the court that you may not be able to.Will the brother & sisternlaw verify in court for you?Get all the witness "s that you can & have them testify for you, the social services have ways of talking to children & finding out what dad has done to them.They should not have to go thru this kind of abuse and neither should you.Just get all the legal help you can get to fight him & show what he has done, there has to be some kind of records of this, as officers have to make a report of incident's and no matter how small there has to be something down for the calls, and certainly they would have to investigate an alleges rape & would have to have the child taken to the hospital to be checked out. They can't just wash the incident down the drain it has to be investigated.Was this reported to a doctor? Any one that can verify, get names. all you can, keep after the police for incident reports, they have to have something, and if they keep saying they have nothing then tell them that you want ot speak to a supervisor& want to make a complaint & will pursue it will an attorney.I am sure the supervisor will step in & take over to see why this has happened.Kids can be removed for suspicion of abuse & rape is definitely abuse, he would not be able to get away with that.Something is very wrong here.Good Luck. So get all the legal help that you can, fight this monster of a man.These are your precious children fight for them & protect them!!!!!!
Question: About Child custody and how the court will probably decide.? To make a long story short, my ex husband was busted in 2007 for selling drugs, I then filed in court to get sole custody of my 2 children age 10 and 13 and it was granted. My ex's visitation was to be supervised. Okay, in August of 2009, my ex and his wife were reported to social services for drug use and I have had the kids since then because in the court order in 2007, it stated that his father was to be the supervisor and he said he just couldn't do it anymore.
Now, since August, my ex and his wife has went through the wringer with the social services and have now proven that they are not on drugs anymore.
I called the social service supervisor and talked to her about it yesterday and my ex had told her that he had no idea that i had gotten an attourney and got sole custody of the children. Now, he is going to take me to court and say that he didn't receive anything saying that he had to be supervised and that he was unaware that i had taken anything to court.
Me, him and the social worker are scheduled for discussion to arrange some kind of visitation tomorrow at 4pm.
Can anyone give me advice as to what will probably happen and if the judge will change his supervision situation because he was "unaware"?
I am sorry, I forgot to mention that this is in the state of Kentucky. The order for appearance is on record in the courthouse. My attourney sent notification to my ex's attourney at that time.
Answer: Well you didn't give the state and each state is different regarding custody issues but I will be general of my experience in dealing with issues similar in Cali.
First of all anytime you petition the court for a modification of a court order you must serve the other party (generally 10-30 days depending on case). When you do so, there is always a "proof of service" form that should be filed with the courts. This form is where the process server (someone over 18 other than yourself and not involved in the case) signs declaring the time, place, date, and who was served.
Chances are that the guy was high and the courts will take into consideration the drug use. I would expect that some form of custody will be given (that's just the right thing to do by the kids) and you can request if it isn't already ordered by the court that this visitation is supervised. If a family member isn't available to supervise the visits then generally the court will appoint someone and that cost can be passed on to the non-custodial parent.
The social worker you are meeting with to discuss a visitation plan is more or less like a mediation session. You don't have to agree and you don't have to allow the visit but keep in mind it might reflect a negative light on you in the courts eyes.
You need to find the proof of service but still keep in mind that the father and step mothers drug use is documented so I would find it hard to believe that the courts would assign any visitation that was not supervised.
While you're at it, you might as well ask that the courts order mandatory drug testing of both the father and wife. This would allow you to request a drug test within 4 hours and a positive test would result in the forfeiture of any and all visits.
Good luck
Question: Holding a custodial parent in contempt... Does it work? After holding a female custodial parent in contempt of court 7 times within a year, at what point do judges or attorney's figure out that not sentencing a penalty or punishment will not work?
You know, the regular stuff for contempt.
Failure to allow visitation (8x) only 3 were mentioned in motions. Child support was current... lol
Twice for leaving underage children at home overnight without supervision... Ages 5, 7 & 9 without a baby sitter or other adult supervising. (Ex was in-heat and needed to get laid.)
Driving a car without a drivers license or car insurance.
Making disparaging comments about me in front of the children.
Anyway, she was never fined or punished - except to be verbally warned. All this took place 6 years ago, but some of the current scrutiny has brought up this issue and I'm curious.
How often do non-custodial parents get respected by judges when one parent seeks assistance and the other refuses to take responsibility to raise their children safely/fairly?
Answer: wow - my x was doing that and then some, I took it to court 4 times, but each time, they were hesitant to convict because here in Washington, the standard is so friggin high, that she's gotta pack a gun and rob a bank or something.
If you have the convictions, you can sue for custody, and if it's documented, you'll probably win. It frustrates the hell out of me. I just go with what everyone's been telling me after 7 years and about 20k in legal fees, "the kids will figure it out". It kills me, and I know exactly what you're goin thru brutha. All you can do is all you can do.
Question: Is it the mother's responsibility to make sure the father and child have a relationship? I have a 3 year old little boy whom I have been the primary caregiver for, his whole life. His father is court-ordered to pay $50 a month in child support, however there is not a court-ordered visitation schedule. He has a daughter, 2 years old, who he is also ordered to pay child support for. Here is my question: Does the responsibility of making sure my son and his dad have a relationship, fall on my shoulders? I know that his dad loves him, but he doesn't want to be bothered with all the responsibilities of being a father. He never calls and asks to see his son, talk to him, or anything like that. Then he turns around and blames this on me, saying that he's told me to call him when I'm free and would like him to take his child. Another thing, he moved to California with his sister back in November of '09 and came back right before Christmas of the same year, yet he did not contact me or his daughter's mother for a month to see his kids. It was his mother who asked to see these kids, then called him and told him that she had his kids. He then proceeded to ask for them 1 time apiece. He and I then set it up for him to take him on the weekend that I worked, but he did not get a hold of me, therefore not taking his child that weekend. Should I have called him and reminded him? The problem here, is that he's stated on his facebook that he's going back to California, because there is nothing here for him besides problems. His daughter's mother and I are considering getting a joint lawyer trying to either establish supervised visits with his kids or terminate his parental rights. The reason for supervision or termination is because he is a habitual drug abuser and offender, having been arrested on drug-related charges 5+ times. Is there any way that we would get what we're asking? Has he abandoned his children, only having seen them a handful of times in the past 6 months? Also, he changed his phone number without telling either of us what the number was...and is trash-talking both of us on facebook. The other mother and I have always been the ones to make sure that these beautiful kids know each other but is it also our responsibility to make sure that they know their father? By the way, we live in Iowa...I'm not sure of the child custody laws here. Any information would help. Thanks!
Answer: You both should contact a lawyer to see what recourse you have. He is too wrapped up in his drugs to care about anyone at this time in his life. It is not your fault that he doesn't see his child. He turns the blame on you to make you feel guilty. Let him do his thing when your child gets older he will understand. If your child asks about his dad explain that he has a problem with drugs and that it is better not to have him in his life till he gets well. Quit worrying about the two of them having a relationship. Can you really trust him around your son? No. Let him get clean through rehab if he loves his child and then he can have supervised visits until you can trust him.
Question: my children do not want to see thier father ? my son has never wanted to go there for visitation, but he has been fofrced for teh past two and a half years, every second weekend. he says he gets knuckled, pinched, twists his ear, pulls him down the stairs by his leg and my ex says this doesnt happen and there is no bruises.
last visitation my ex shoved me away when i tried to kiss my daughter goodnight, shoved my common law partner and told us to get teh fuck out of his house and beat it and get lost even tho we were just there ddropping the kids off. he blocked my daughter from getting to me when she was crying from witnessing this event and wouldnt put her down when i said i was taking them home.
this was an abusive relationship i came from, ive never denied him access and now this conflict is escalating in front of the children and i spoke to a lawyer today and he basically said i cant do anything...that my concerns arent enough to ask for supervised visits...am i out in left field or should i continue looking for a new lawyer?
my daughter is now afraid to visit her father, she says she doesnt want to go, i want to get them in to see a child psychologist and seh says she just wants to stay home. she says she is afraid and when i ask why she is afraid she cannot come home. she gets very upset when i say do you want to go to daddy's house? she says no and gets all upset and now she says she doesnt want to talk about it anymore because i said to her, i wnot keep asking you, you just let me know how you feel, she doesnt even want to phone him.
do i just suck it up or do i have a right to be concerned and continue on with my quest for supervision?
Answer: abuse centers, counseling and get the proper documentation take it to court see if you can get anger management for him and supervised visitation do it under the pretense of acting in the best interests of the children . but you need official documentation .
Question: How can I avoid my husband? Got pregnant at a young age by a man I did not know well. Got married because I thought it was the "right" solution.
I've lived 15 years of hell.
If I divorce, it will hurt my kids in many ways, both my 15 year old and my 3 year old.
My husband can not supervise children. Everytime I even take a bath, he lets the little one get hurt.
He's a horrible person. He criticizes constantly, ignores, etc.
How can I avoid him until the baby is old enough to handle the divorce and old enough to not need so much supervision? (He would get visitations and he is not suited to childcare.)
We have no home because if we are home when he is, it's miserable. We try to be out when he's home.
He does rude things in an indirect way, he always reads things into whatever is said that are not there, it's hard to explain. He blames someone else for whatever he himself does wrong, like someone made him do it. he is the most strange and evil person I've ever met.
I just need to avoid my own house until my baby is older.
What can I do?
Thank you.
The only reason I don't leave is visitations. He would be worse if alone with them, he wold trn what he says to me towards them in my absence. He wold physically hurt them.
Answer: You can't avoid your husband. This is clearly a very toxic relationship, and it's really in the best interest of you and your children to get out NOW.
I promise you, your child isn't too young to handle divorce. And your husband doesn't have to win visitation rights, if you can persuade the judge that he's an incompetent parent (with supporting evidence -- next time your kids get hurt under his supervision, take photos).
If you've really exhausted all other recourses such as counseling, it's time to end it and end it now.
Question: What do you think of this case? The child was born in September 1994 in Michigan and was abducted to Austria by her mother in October 1995. Despite multiple court rulings ordering the child’s return to the United States under the Convention, the child has not been returned. The LBP currently has no access to his daughter, now age 15. Following the child’s abduction, the LBP immediately filed a return petition under the
Convention in the Austrian courts. Although the Austrian Supreme Court upheld a lower court’s order that the child be returned to the United States, the Government of Austria failed to enforce the order. Its courts subsequently determined that so much time had passed that the child had become settled in Austria and detached from the LBP, and should not be returned to the United States. On December 29, 1997, the lower court granted the TP sole custody of the child. The LBP filed a petition with the European Court of Human Rights (ECHR) against the Government of Austria for interfering with his right to respect for his family life by not enforcing the return order or facilitating
appropriate access to his child. In 2003, the ECHR found in his favor and ordered Austria to pay monetary damages, an order with which Austria complied. Nevertheless, Austria took no meaningful steps to ensure that the LBP could reestablish a relationship with his child. Beginning in 2002, the TP had allowed the LBP access to his daughter under the TP’s supervision and only in the TP’s home four times a year. However, this visitation regime was not enforceable in court and was entirely contingent upon the TP’s willingness to allow the contact. In an effort to secure enforceable rights of access to his daughter, and hoping to be able to bring his daughter to the United States to meet her
American family, the LBP filed a petition for access to the child under the Convention in April 2005. The Austrian court suggested to the LBP that he first seek to drop U.S. criminal charges against the TP, void his U.S. custody order, and shut down his website about the child before it would consider granting access. The LBP followed this suggestion, and yet the court still chose not to order access. Relying only on statements from the 11-year-old child during the access hearing, the court instead concluded that the child no longer wanted contact with her father. The court stated that it would not
contemplate granting the LBP court-ordered access until he re-established a relationship with the child on his own. The LBP attempted to comply with the court’s instructions, but the child refused contact with him. The court declined to intervene or assist, and the access case remained unresolved. In spite of his many attempts to communicate with the child, the LBP reports that he has now lost all contact with his daughter. Update since the end of the reporting period: Austria has urged the Committee of Ministers of the Council of Europe, which supervises the European Court of Human Rights judgments, to close this case because it has “taken all possible measures that could reasonably be expected in executing the judgment.” At the Department of State’s urging, the
Committee decided in March 2010 not to close the case.
Answer: I think it's part of your obsession.
Have a lovely weekend, Na.
Question: when does the horror all end ? my ex was awarded the most minimal a parent can get: 1 hour per every third week supervised visitation with our 4 year old daughter for one year and then we return to court. Reasons: abandoned me pregnant, returned into her life, abandoner her again, stole daughter`s education fund. heavy drinker, daughter witnessing many times father drunk, father threw up on daughter, daughter traumatized, threnthened to take child away from country if i did not call it off with the government for child support. most important proof was given in court he watches child pornography. Solid proof was given for all this. Judge felt bad for me as a mother going thru all this, but still allowed minimum supervision instead of denying all visitation, something i was begging the judge to do. But I got the type of judge that thinks that no matter what crime or horrible father you are, you are still the father ! Anyways, my daughter has done 2 visits so far and let me tell you how horrified i am with all this. My daughter has been traumatized each time to the point that she was screaming to go home. Monitor didn`t allow the visit to end, she instead let my daughter scream for one whole hour each time. Now i am having trouble with my daughter, she has peed 3 times in bed at night, daycare she refuses to go, i have taken so many days off work being with her at home. Remember i am a single mother with no child support because he is working under the table. When is this all going to end. I`ve already spent over 35000 with this court battle and i do not have the money to continue battling in court because i see how the court system always favors child to have contact with their fathers no matter what, even if it`s destroying my daughter`s health. I do not qualify for free legal aid. Help me please i am drained out and it is breaking my heart seeing my daughter suffer.. How could a monitor specialized in this field, allow a 4 year old to scream for one hour and not stop the visitation, can they do this ? I need more info on how all this supervised visitation program works. Please please help me.
Answer: Get a better lawyer. That would help a lot!
Question: Can you help me improve this petition for primary custody? I know, it's long. I am going to change the last two paragraphs and add more about why my daughter would be better off with me. The names have been changed.
I wish to change my petition for joint custody to a petition for Primary custody of my daughter, Jessica Smith. The reason for this change is that everything I had predicted in my Joint custody petition has come true and there is no longer any doubt about how Tina is going to handle this situation. Therefore I believe the appropriate action is to assume primary custody myself so that I can ensure that reasonable decisions are being made on Jessica's behalf.
Since we split up and custody became an issue in mid July Tina has shamelessly assaulted my character and done everything in her power to keep me out of Jessica's life. She filed a TPO against me which was dismissed in court. She attempted to limit my time with Jessica to supervised visitation. She has removed everyone on my side of the family from Jessica's life. This includes my sister who played a huge part in Jessica's life up until Tina and I split up. At this point Tina is doing things that will hurt Jessica just so she can hurt me too. For example, she took both the crib and pack-and-play so Jessica would have no place to sleep at my apartment. When I asked her if I could use the pack-and-play she refused and told me to buy a new one. When it comes to Jessica everything not explicitly ordered by the court is at the mercy of Kristie's emotional whims. For example, one week after she was in court telling the judge I should only have supervised visitation she offered to let me keep Jessica for another day. The very next day she decided she was only going to let me be with Jessica during the times ordered by the court. This is absolutely destructive to Jessica and things will only get worse if Kristie's position as the primary caretaker is allowed to solidify.
Tina is a 32 year old woman who has not had a job in over two years, lives at her moms house, lives off welfare, has two kids from two different guys, does not own a vehicle, and has very little character to pass down to her daughter. Her entire support system is dysfunctional and in fact will have a negative influence on Jessica. Jessica is undoubtably exposed to cigarette smoke on a regular basis and most likely marijuana smoke although on a less frequent basis. Tina feeds my 10 month old baby pizza and chips and goldfish crackers. Those were the examples of things Tina gave me when we were discussing moving Jessica to solid foods. Although I have not been living with Tina since we broke up there is no doubt in my objective mind that Jessica is being exposed to the television almost constantly. Likewise, I am fairly sure that Jessica spends most of her day inside the house with little supervision. Your honor I do not wish to launch a smear campaign but it is essential for the court to know why I am so afraid of Tina receiving primary custody of Jessica. I should receive primary custody of Jessica because I am capable of raising her right.
My plan for parenting is centered around Jessica. I understand that although Tin a and I no longer get along that both Tina and I are a part of Jessica and so it is wrong to tear down Tina because that would hurt Jessica. I am aware of the need to be adaptive to suit Jessica needs. As a caring father I will engage Tina in a way that keeps her relevant and empowered in Jessica's life. I will discuss decisions with Tina and not play games against her. When she feels discouraged about her role in Jessica’s life I will help to restore her feelings of motherhood. I will keep her an equal to me in Jessica's eyes. I don't want these things for Kristie. I want them for Jessica. I would be stupid to think that either of us could give Jessica what is best alone. So my parenting ideology is rooted in the understanding that Jessica needs us both. There is no temptation for me to hurt Kristie. What I care about is making sure Jessica grows up right.
I have a clean quiet apartment where Jessica has her own room. I have an incredible support structure. In fact, you could not design a better Aunt than my sister. Our time together is filled with activities. I feed Jessica properly. There is a strong bond between us. I have a decent stable job with good career prospects. I can speak at length about all these topics and more to convince the court that I am a good father.
There is little ground for debate about where Jessica would be better off and it is my hope to bring this fact to the surface during the court hearings that are to come.
Jessica needs me as the primary caretaker because I understand that both parents need to be actively engaged in parenting and because I am mature enough to make sure that happens.
oops,
i forgot to place Kristie's with Jessica's.
Kristie's = Jessica's
sighhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh
*REplace
Answer: I think it sounds great!!
I am assuming you have a lawyer and he /she has addressed this as well.
Anytime you are going for primary custody,it is wise to have a lawyer.
A judge reading this can clearly see that you are a caring and loving Father looking out for the best of his child.
I know you want the judge to see your ex's character,but I don't think it is necessary for you to talk so much about her wrong doings.Instead focus on what you have to offer and what you have done thus far.By you down talking her Mother,it reflects negatively on your character.Judges have heard it all..the he say,she say.The main focus is your child and her well being and how you will provide that,not your Ex.So just keep that in mind.It is very hard to be honest,for a Father to take primary custody these days.You really have to prove more than your Ex feeding her pizza and chips.In most cases,this is granted when there is physical and mental abuse in the home,that can be proven.A child needs both parents as you said.And both civil to one another.
No matter what,keep fighting for what you feel is right in your heart.A Judge will see your effort.And make sure you do your part as her Father.Don't talk bad about her Mother,to her or to anyone.I know it can be hard at times when she's being a B,but as your daughter gets older,she will respect you for this.
Good luck to you and God Bless:)
Question: Can you help me improve this petition for primary custody? I know, it's long. I am going to change the last two paragraphs and add more about why my daughter would be better off with me. The names have been changed.
I wish to change my petition for joint custody to a petition for Primary custody of my daughter, Jessica Smith. The reason for this change is that everything I had predicted in my Joint custody petition has come true and there is no longer any doubt about how Tina is going to handle this situation. Therefore I believe the appropriate action is to assume primary custody myself so that I can ensure that reasonable decisions are being made on Jessica's behalf.
Since we split up and custody became an issue in mid July Tina has shamelessly assaulted my character and done everything in her power to keep me out of Jessica's life. She filed a TPO against me which was dismissed in court. She attempted to limit my time with Jessica to supervised visitation. She has removed everyone on my side of the family from Jessica's life. This includes my sister who played a huge part in Jessica's life up until Tina and I split up. At this point Tina is doing things that will hurt Jessica just so she can hurt me too. For example, she took both the crib and pack-and-play so Jessica would have no place to sleep at my apartment. When I asked her if I could use the pack-and-play she refused and told me to buy a new one. When it comes to Jessica everything not explicitly ordered by the court is at the mercy of Kristie's emotional whims. For example, one week after she was in court telling the judge I should only have supervised visitation she offered to let me keep Jessica for another day. The very next day she decided she was only going to let me be with Jessica during the times ordered by the court. This is absolutely destructive to Jessica and things will only get worse if Kristie's position as the primary caretaker is allowed to solidify.
Tina is a 32 year old woman who has not had a job in over two years, lives at her moms house, lives off welfare, has two kids from two different guys, does not own a vehicle, and has very little character to pass down to her daughter. Her entire support system is dysfunctional and in fact will have a negative influence on Jessica. Jessica is undoubtably exposed to cigarette smoke on a regular basis and most likely marijuana smoke although on a less frequent basis. Tina feeds my 10 month old baby pizza and chips and goldfish crackers. Those were the examples of things Tina gave me when we were discussing moving Jessica to solid foods. Although I have not been living with Tina since we broke up there is no doubt in my objective mind that Jessica is being exposed to the television almost constantly. Likewise, I am fairly sure that Jessica spends most of her day inside the house with little supervision. Your honor I do not wish to launch a smear campaign but it is essential for the court to know why I am so afraid of Tina receiving primary custody of Jessica. I should receive primary custody of Jessica because I am capable of raising her right.
My plan for parenting is centered around Jessica. I understand that although Tin a and I no longer get along that both Tina and I are a part of Jessica and so it is wrong to tear down Tina because that would hurt Jessica. I am aware of the need to be adaptive to suit Jessica needs. As a caring father I will engage Tina in a way that keeps her relevant and empowered in Jessica's life. I will discuss decisions with Tina and not play games against her. When she feels discouraged about her role in Jessica’s life I will help to restore her feelings of motherhood. I will keep her an equal to me in Jessica's eyes. I don't want these things for Kristie. I want them for Jessica. I would be stupid to think that either of us could give Jessica what is best alone. So my parenting ideology is rooted in the understanding that Jessica needs us both. There is no temptation for me to hurt Kristie. What I care about is making sure Jessica grows up right.
I have a clean quiet apartment where Jessica has her own room. I have an incredible support structure. In fact, you could not design a better Aunt than my sister. Our time together is filled with activities. I feed Jessica properly. There is a strong bond between us. I have a decent stable job with good career prospects. I can speak at length about all these topics and more to convince the court that I am a good father.
There is little ground for debate about where Jessica would be better off and it is my hope to bring this fact to the surface during the court hearings that are to come.
Jessica needs me as the primary caretaker because I understand that both parents need to be actively engaged in parenting and because I am mature enough to make sure that happens.
oopes
spell check didnt change all the names
Kristie's = Tina's
Answer: Ethically no!
Because I can't tell where the scenario for the assignment ends and the judgment begins.
You should have taken down the question when the name replace didn't work. Should not have asked with the same mistake for Jessica.
Question: What can I do? This is very complicated and I am very frustrated right now. Last Sept I found out my 5 yr old son was being sexually molested by a 14 yr old girl at their Father's house whenever they were there, with my 4 year old daughter watching. I called CPS, got an Attorney, went to Court and am fighting their Father, who I've found out now with the kids in Counseling, had known about it before I did, and did nothing besides tell them not to do it anymore. The Court has decided he must have Supervised Visitation, since he did not protect them while in his home, etc. I got a Court Order for Child Support, but he has stated to me today that he will not pay until he can see the kids. I told him it's not up to me, that the Court demands Supervision because of his actions, or lack thereof. It's been months and no payment from him. I'm not able to pay everything on my own, and am becoming more and more in debt, despite working full time for the same company for the last 22 years. The only solution I
can think of is to take them out of the Daycare/ PreSchool they've been in for years, with people they know and love taking care of them, into a lesser expensive "boys club" type of environment where they get no "learning" or "teaching" similar to where they are now. Since we are all in Counseling, I don't know what effect it may/may not have on them to be moved, etc. What can I do??????
He's a self-employed handyman--I can't garnish his wages.
Answer: go back to court n fight for child support ....most states if they don't pay they go to jail..I feel for ur situation must b hard to deal with all the circumstances of situation..call local neighborhood legal services etc look up number in your phonebook for help and check out all resources for women..stay firm on supervised visits important your children's safety..
Question: my children do not want to see thier father? my son has never wanted to go there for visitation, but he has been fofrced for teh past two and a half years, every second weekend. he says he gets knuckled, pinched, twists his ear, pulls him down the stairs by his leg and my ex says this doesnt happen and there is no bruises.
last visitation my ex shoved me away when i tried to kiss my daughter goodnight, shoved my common law partner and told us to get teh **** out of his house and beat it and get lost even tho we were just there ddropping the kids off. he blocked my daughter from getting to me when she was crying from witnessing this event and wouldnt put her down when i said i was taking them home.
this was an abusive relationship i came from, ive never denied him access and now this conflict is escalating in front of the children and i spoke to a lawyer today and he basically said i cant do anything...that my concerns arent enough to ask for supervised visits...am i out in left field or should i continue looking for a new lawyer?
my daughter is now afraid to visit her father, she says she doesnt want to go, i want to get them in to see a child psychologist and seh says she just wants to stay home. she says she is afraid and when i ask why she is afraid she cannot come home. she gets very upset when i say do you want to go to daddy's house? she says no and gets all upset and now she says she doesnt want to talk about it anymore because i said to her, i wnot keep asking you, you just let me know how you feel, she doesnt even want to phone him.
do i just suck it up or do i have a right to be concerned and continue on with my quest for supervision?
there is no court order, i havent been represented in court before
Answer: The most important thing you can do is to protect your children. Sometimes that means protecting them from one of their own parents. I'm not familiar with how laws will help you protect the children. But, I would say you should talk with an attorney soon before something happens to the children.
Good Luck.
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