| Feb 27 @ 12:34 AM |
custody hearing
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vance728
Posts: 135
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well i got a notice yesterday that i have to be in court for custody over my kids. she wants to change the original agreement we had through our divorce. she wants supervised vistation and more money now. wish me luck. i goota be there march 5th. i'm trying to get a continuence but her lawyer said she was gonna object. any lawyers out there with any advice on how to get a continuence so i can get my evidence together. can i request a discovery or deposition to delay the date.  
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| Feb 27 @ 9:27 AM |
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TiNkErGrRrRrR
Posts: 13,735
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Good luck...Hope things turn out well for you.. 
Tink
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| Feb 27 @ 9:49 AM |
custody hearing
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Loreli
Posts: 19,231
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Your lawyer should know those things.
If you have reason to believe you can prove something, or defend yourself on something, MAKE your lawyer ask.
That's what you pay him/her for.
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| Feb 27 @ 10:38 AM |
custody hearing |
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kattsmeow
Posts: 20,815
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I hope you have a lawyer.
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| Feb 27 @ 12:00 PM |
custody hearing
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CPUfan
Posts: 2,410
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Wants to change the agreement hmmmm.... this happens as often as linen changes.
Doesn't put your ex in a strong position though... If she signed the agreement she doesn't stand a monkeys... otherwise why would a new agreement be a better agreement than the one she agreed to?
This will happen throughout. One constant, however, will be the kids views on seeing Dad. This will drift a bit... but in the end, they always realise who BOTH their parents are... and they are also notoriously good at recognising if either parent is screwing with access...  
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| Feb 27 @ 12:09 PM |
custody hearing |
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Loreli
Posts: 19,231
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Is she using your going to parenting classes against you? 
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| Feb 27 @ 7:23 PM |
custody hearing
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Martin666
Posts: 2,142
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Court rules are often specific to the state, so you do have a lawyer, right?
A lawyer----you do have one, right?
The court won't change custody unless it determines that whatever new charges she's bringing against you are a) true, and b) constitute a threat to the kids. She has new charges, right? She's just not trying to take another bite at the same old apple?
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| Feb 28 @ 11:30 PM |
custody hearing |
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vance728
Posts: 135
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when i wrote this i was doing it pro se because at first she said ok. iwas giving her everything but she said i was sticking her by giving her the house. and she wanted full legal and physical custody. i said noway ti the custody part. she has been lying ever since. so i didn't get a lawyer until yesterday. she is so angry she is making both of us spend boo coos aod money and i was giving everthing. any comments on why she is doing this. i think she is spending my son's.,4year old son, inheritance from my mother when she died. that's immoral if u aske me. she is so mad she doesn't care about his future. we have to start now saving for his education. what do yall think. it would have cost her $0. but because she wanted full legal and joint custody, which no good daddy would do, she went ahead and caused all this money that could have went to the children. is she all there? 
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| Feb 28 @ 11:33 PM |
custody hearing
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Cal_Cowboy
Posts: 363
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It won't be over until ALL the money is gone. That's the way divorce works.
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| Feb 28 @ 11:39 PM |
custody hearing |
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Jankia
Posts: 8,770
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I dont know how its done in North Carolina Vance but here in Wisconsin if a spouse wants more child support the only way they can get it is if your income is higher.I had to send in my tax form every year for 12 years to prove myself.
The receptor of child support money can do whatever they please with the money given.
For her to get full custody that will be difficult unless your proven to be a danger to your children.
[Edited on 2/29/2008 12:10 AM]
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| Feb 28 @ 11:44 PM |
custody hearing
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vance728
Posts: 135
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thanks jankia makes me feel better 
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| Feb 29 @ 12:15 AM |
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Jankia
Posts: 8,770
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One of our fine moderators just made me feel better too Vance.They reminded me to go back and edit what I wrote.I wrote "child abuse" instead of what I meant..."child support" 
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| Feb 29 @ 7:28 PM |
custody hearing
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vance728
Posts: 135
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to loreli. i don't know but as far as i know she had to go too because i was ordered to go and it sounds logical to me that she would also have to go. why would the judge make only one parent go and i think it is a law for each to go in certain states and it is a law in tn
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| Feb 29 @ 7:56 PM |
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kattsmeow
Posts: 20,815
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she wants supervised vistation Why does she want this?
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| Feb 29 @ 8:01 PM |
custody hearing
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daisy315
Posts: 4,116
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is your son's inheritance in a trust?.. if it is, she should not be able to touch it without both of your signatures.. and a good reason for needing the money ( ie medical bills for the child)
it should be in a trust.. ask your lawyer..
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| Feb 29 @ 8:05 PM |
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kattsmeow
Posts: 20,815
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Yep,what Daisy said!!! ^^
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| Mar 1 @ 1:12 AM |
custody hearing
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vance728
Posts: 135
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hey daisy. it is not in a trust but in the temporary injunction it stated that no money was to be spent except everyday living expenses
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| Mar 1 @ 5:47 PM |
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swingpup
Posts: 4,041
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A modification of a divorce decree in many states requires a substantial change of circumstance per returning to court. Relax, I know that is difficult to do however make sure you have turned all pertinent info over to your attorney which I'm sure you have.
An Attorney Ad Litem maybe appointed for your child and possibly at no charge to you. Your attorney certainly will handle your case diligently. Good Luck.
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| Mar 1 @ 6:54 PM |
custody hearing
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daisy315
Posts: 4,116
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an inheritance for a minor child.. ( especially from YOUR side of the family) should have been in a trust.. seeing that it is being used for living expenses.. that would be called CHILD SUPPORT
whose decision was it to be set up that way?
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| Mar 1 @ 7:38 PM |
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burnslikethesun
Posts: 8,550
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She can and her lawyor can say or do what ever they want. They are banking on that you will fall like most men and not show. You can ask for a continuance on your own behave. And they can object all they want. Judge decides. Although it isnt comman that anyone asks for one. If you have an issue you want the judge to hear, you are intitled to file for your own hearing.
Of the two that you mentioned, more money, a good judge will ask, have you (Dad) had an increase of income? Supervised vistations, unless you have done something REALLLY horrible, that merits this, they hardly ever are granted after the intial order is in place.
I like to end the hearing with one last thought.
"Your honor is miss smith is finding it difficult to cope, I offer to take full placement of our child til shes stable once again."
Cause the fact is, shes there, saying that more money and less "you" time will help. Less father time in courts eyes is never a good thing. They dont like hearing less time with either parent. Shes saying it for you. Shes having a hard time and needs help. Shes also very close to trying to manipulate the court. She better have a good cause to ask for supervised visitation, it shows shes having issues. At the very lease, that pretty much ends the pointless hearings. The very worse thing you could do, is not go, or go and not speak up for yourself.
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