I can only speak to my own experiences and my experiences may not constitute as data.
In my experience, judges seem to view ALL motions as gripes between the two bio-parents, even if the motion is based on an infraction of one parent. I'm thinking of the case where Donkeykong was violating the CO by taking the lion's share of SS for the Easter Holidays. We filed for contempt. The judge in the case just gave both bio parents a tongue lashing for being incapable of settling amongst themselves.
Yep, that is the way it usually is for me. They want you to settle it yourself- and there really isn't any back up when one parent is violating an order. The whole thing sucks.
In our experience, whether we "won" or BM "won", BM always got a good chewing out from the judge.
The only time the judge turned on DH was because we didn't have money for a lawyer that time and DH thought that he could just bring up HIS complaints (not realizing he needs to file a motion and all that happy crap).
not sure if i had posted this elsewhere or not but essentially BM filed a motion to take visitation away from my partner because she claims the child is "not comfortable around me" which is total BS and based on everythig ive read as long as the child isnt in danger they wont remove his visitation. clearly, BM just has an issue with me. im hoping the judge will see that and admonish her for filing such a joke of a motion.
Depends on the severity of the issue. But I agree with most here, the courts want you to deal with it. As much documentation as you can accumulate, the better. Remember, that even a log of events you documented can be considered documentation. Good luck.
If they lock him up again, ask the Prosecutor to press charges of false imprisonment. Put that in writing to them ahead of time, maybe that'll deter them from mistreating your child, or if you become a headache, they 'll send him packing to your place. Sign something that states you will not ask for child support as long as they give you custody. Save him!!!
we have written proof of failing grades, cell records documenting she's using her iphone (that partner did not agree to her having) at all hours of the night including during school hours, documentation regarding missed medical appointments and other items.
partner is going to go for joint custody as a result - we live about 5 mins from BM and it wouldnt affect SD's schooling or her social life. ive heard courts often favor joint custody arrangements - do you think we have a good chance? as much as i like the freedom of not having SD around all the time, at the same time i am confident we can instill some good habits, manners and improve her schooling if we had more time with her.
Yes, but it depends on the judge sometimes. Just focus on what is in the best interest of SD. And remember, that no matter what the arrangement is, you will never be able to change what happens on BM's end, you can only influence SD while she is with you. Depending on her age, the judge may take her wishes into consideration as well.
im sorry, but i cant imagine any good parent allowing their kid to be awake at midnight, on a school night, face timeing and texting their friends. we see a direct correlation between her lack of sleep and poor performance in school.
there are also other pieces to this, such as the child not being fed breakfast before school which contribtues to low energy levels.
we feel that giving her some structure, rules and guidelines is in her best interest. her mother beleives that letting her do whatever she wants, whenever she wants is in her best interests.
to clarify, my partner is going for joint custody not sole custody. we know we'll never get sole custody.
at the time they divorced he had no choice but to move in with his parents, who lived 1/2 hour away. he had no room for his child. since the divorce, he now has a better place for his child (her own room and own bathroom) and he lives 5 mins away. that coupled with everything else is why he is seeking joint custody.
I can only speak to my own
I can only speak to my own experiences and my experiences may not constitute as data.
In my experience, judges seem to view ALL motions as gripes between the two bio-parents, even if the motion is based on an infraction of one parent. I'm thinking of the case where Donkeykong was violating the CO by taking the lion's share of SS for the Easter Holidays. We filed for contempt. The judge in the case just gave both bio parents a tongue lashing for being incapable of settling amongst themselves.
Yep, that is the way it
Yep, that is the way it usually is for me. They want you to settle it yourself- and there really isn't any back up when one parent is violating an order. The whole thing sucks.
In our experience, whether we
In our experience, whether we "won" or BM "won", BM always got a good chewing out from the judge.
The only time the judge turned on DH was because we didn't have money for a lawyer that time and DH thought that he could just bring up HIS complaints (not realizing he needs to file a motion and all that happy crap).
If there is NO proof in
If there is NO proof in writing or video, the Judges stay out of it. Bottom line. What is the complaint?
not sure if i had posted this
not sure if i had posted this elsewhere or not but essentially BM filed a motion to take visitation away from my partner because she claims the child is "not comfortable around me" which is total BS and based on everythig ive read as long as the child isnt in danger they wont remove his visitation. clearly, BM just has an issue with me. im hoping the judge will see that and admonish her for filing such a joke of a motion.
Depends on the severity of
Depends on the severity of the issue. But I agree with most here, the courts want you to deal with it. As much documentation as you can accumulate, the better. Remember, that even a log of events you documented can be considered documentation. Good luck.
If they lock him up again,
If they lock him up again, ask the Prosecutor to press charges of false imprisonment. Put that in writing to them ahead of time, maybe that'll deter them from mistreating your child, or if you become a headache, they 'll send him packing to your place. Sign something that states you will not ask for child support as long as they give you custody. Save him!!!
>Sign something that states
>Sign something that states you will not ask for child support as long as they give you custody.<
You do realize that will not hold in any court on God's green earth right?
we have written proof of
we have written proof of failing grades, cell records documenting she's using her iphone (that partner did not agree to her having) at all hours of the night including during school hours, documentation regarding missed medical appointments and other items.
partner is going to go for joint custody as a result - we live about 5 mins from BM and it wouldnt affect SD's schooling or her social life. ive heard courts often favor joint custody arrangements - do you think we have a good chance? as much as i like the freedom of not having SD around all the time, at the same time i am confident we can instill some good habits, manners and improve her schooling if we had more time with her.
Yes, but it depends on the
Yes, but it depends on the judge sometimes. Just focus on what is in the best interest of SD. And remember, that no matter what the arrangement is, you will never be able to change what happens on BM's end, you can only influence SD while she is with you. Depending on her age, the judge may take her wishes into consideration as well.
Good luck,
All the best,
A. S. Noraford
Author, Stepfamily Diaries
www.blendedfamilysurvivalguide.com
im sorry, but i cant imagine
im sorry, but i cant imagine any good parent allowing their kid to be awake at midnight, on a school night, face timeing and texting their friends. we see a direct correlation between her lack of sleep and poor performance in school.
there are also other pieces to this, such as the child not being fed breakfast before school which contribtues to low energy levels.
we feel that giving her some structure, rules and guidelines is in her best interest. her mother beleives that letting her do whatever she wants, whenever she wants is in her best interests.
to clarify, my partner is
to clarify, my partner is going for joint custody not sole custody. we know we'll never get sole custody.
at the time they divorced he had no choice but to move in with his parents, who lived 1/2 hour away. he had no room for his child. since the divorce, he now has a better place for his child (her own room and own bathroom) and he lives 5 mins away. that coupled with everything else is why he is seeking joint custody.