ex getting out of jail

[triviafreakdad]

What is the name of your state? NY
My ex is being released from prison ( been in since 6/05 ) in mid December . I want to petition the court to have a step up plan to resume her normal visitation . My questions are :
1. How specific do I have to be in the petition ? Do I have to come up with a plan myself or will the court designate one ? I was thinking no overnights at first one day a week till the kids get used to her again with a gradual increase to her regular EOW . Any suggestions of a plan would be very helpful .
2. What will the courts require of her ? She will be on parole and I believe be required to work and may even be required to live in a half way house at first . Will she need to have her own place to get overnights ?
Thanks What is the name of your state?

 

[LdiJ]

What is the name of your state? NY
My ex is being released from prison ( been in since 6/05 ) in mid December . I want to petition the court to have a step up plan to resume her normal visitation . My questions are :
1. How specific do I have to be in the petition ? Do I have to come up with a plan myself or will the court designate one ? I was thinking no overnights at first one day a week till the kids get used to her again with a gradual increase to her regular EOW . Any suggestions of a plan would be very helpful .
2. What will the courts require of her ? She will be on parole and I believe be required to work and may even be required to live in a half way house at first . Will she need to have her own place to get overnights ?
Thanks What is the name of your state?

It would be wise to go to court with a specific plan. She won't necessarily have to have her own place to have overnights (overnights could take place in a family member's home) but she definitely won't get overnights if she is in a halfway house.

What the courts might require of her depends a great deal on the nature of her crimes.

 

[BL]

You should really wait and see what the 1/2 way house rules are about before filing a Petition .

You don't say how old the Child(ren) are , or what the offense was that landed the Parent in prison , or if the children have visited in prison .

 

[LdiJ]

You should really wait and see what the 1/2 way house rules are about before filing a Petition .

You don't say how old the Child(ren) are , or what the offense was that landed the Parent in prison , or if the children have visited in prison .

Good point. I suppose its possible that a halfway house could allow child to visit overnight. It doesn't seem likely, but I suppose its possible. It doesn't seem likely however that the family court judge would go along with that.

 

[BL]

Good point. I suppose its possible that a halfway house could allow child to visit overnight. It doesn't seem likely, but I suppose its possible. It doesn't seem likely however that the family court judge would go along with that.

I wasn't thinking along the lines of 1/2 way house visits , but rather the 1/2 house rules about signing in/out and what hours would be available for visits .


I wouldn't request over nights ( if feasible ) for a couple of months , just day visits at first .

 

[LdiJ]

I wasn't thinking along the lines of 1/2 way house visits , but rather the 1/2 house rules about signing in/out and what hours would be available for visits .

.

I didn't even think of that...again, good point.

 

[triviafreakdad]

Kids are 6 & 9 and haven't visitted ex in jail . Ex was originally convicted of welfare fraud and grand larceny .

 

[CLBKLCDTB]

A couple questions

What is the name of your state? NY
My ex is being released from prison ( been in since 6/05 ) in mid December . I want to petition the court to have a step up plan to resume her normal visitation . My questions are :
1. How specific do I have to be in the petition ? Do I have to come up with a plan myself or will the court designate one ? I was thinking no overnights at first one day a week till the kids get used to her again with a gradual increase to her regular EOW . Any suggestions of a plan would be very helpful .
2. What will the courts require of her ? She will be on parole and I believe be required to work and may even be required to live in a half way house at first . Will she need to have her own place to get overnights ?
Thanks What is the name of your state?

Being that, The Mom of which you are speaking of, was a meth addict, and commited her crimes to support her drug habit. Also the fact that there are at leat 4 CPS reports indicating her for inadaquite guardianship between 2000-2004.

Why would you want to allow her to resume her EOW?

It is my understanding that the GAL in your current custody case suggested you have your ex's rights removed while she was in jail.

Have your children recieved counceling at all since their mother went to jail , to deal with the fact their mom was no longer in their life? Also to deal with the abuse recieved by their mother and her paramours from 2000-2004?

And lastly, why are you tring to take your 3 yr old away from His mother in a full custody trial?

Mom of your 3yr old, is a good mom, doesn't do drugs and during the marriage was a stay at home mom to all the children.. To include dealing with your abused children on her own, due to you refusing to get them counseling during the marriage.

Seems to me tring to take sole custody from a good mom and yet allowing a woman who, used drugs, went to jail and abused her children, to resume visitation, is quite hypocritical.

 

[triviafreakdad]

Being that, The Mom of which you are speaking of, was a meth addict, and commited her crimes to support her drug habit. Also the fact that there are at leat 4 CPS reports indicating her for inadaquite guardianship between 2000-2004.

Why would you want to allow her to resume her EOW?

It is my understanding that the GAL in your current custody case suggested you have your ex's rights removed while she was in jail.

Have your children recieved counceling at all since their mother went to jail , to deal with the fact their mom was no longer in their life? Also to deal with the abuse recieved by their mother and her paramours from 2000-2004?

And lastly, why are you tring to take your 3 yr old away from His mother in a full custody trial?

Mom of your 3yr old, is a good mom, doesn't do drugs and during the marriage was a stay at home mom to all the children.. To include dealing with your abused children on her own, due to you refusing to get them counseling during the marriage.

Seems to me tring to take sole custody from a good mom and yet allowing a woman who, used drugs, went to jail and abused her children, to resume visitation, is quite hypocritical.

You calling anyone a hypocrite is quite a stretch but I will answer your questions .
1. Unlike you , I come here for information and to understand my options . What I do with regards to my children no longer concerns you , it will be between she , I , my attorney and a Family Court judge .
2. I hate to burst your bubble but my children are happy , well adjusted and quite normal . It must make you so proud to demonize 6 & 9 year old kids . One of the reasons they are so happy is they are no longer saddled with a sanctimonious , hypocritical control freak step mother with anger management issues who saw no problem with kicking them out of the house because she " wanted to be alone with her own children " .
3. Let's clear up another mistake in your reply , YOU filed for sole custody both in Family Court and in your suit for divorce , YOU walked out of mediation and YOU refuse to come to any agreement regarding custody or visitation .

Thank you for reminding me that the last year has been among the happiest of my life and also for reminding how much I want a divorce !!!!!!!!

 

[LdiJ]

You calling anyone a hypocrite is quite a stretch but I will answer your questions .
1. Unlike you , I come here for information and to understand my options . What I do with regards to my children no longer concerns you , it will be between she , I , my attorney and a Family Court judge .
2. I hate to burst your bubble but my children are happy , well adjusted and quite normal . It must make you so proud to demonize 6 & 9 year old kids . One of the reasons they are so happy is they are no longer saddled with a sanctimonious , hypocritical control freak step mother with anger management issues who saw no problem with kicking them out of the house because she " wanted to be alone with her own children " .
3. Let's clear up another mistake in your reply , YOU filed for sole custody both in Family Court and in your suit for divorce , YOU walked out of mediation and YOU refuse to come to any agreement regarding custody or visitation .

Thank you for reminding me that the last year has been among the happiest of my life and also for reminding how much I want a divorce !!!!!!!!

After reading these last few posts I am going to play "devil's advocate" a bit here.

Dude...if you are really trying to get full custody against a mom who is NOT legally unfit, while being cooperative regarding a mom who really IS legally unfit then that honestly could work against you.

If you refuse to admit that your older children could have some "issues" due to their mother that could also work against you.

I have no dog in this show and don't care one way or another. However I see some signs in the above posts that could perhaps cause you some grief....and that's a BIG perhaps because I don't know any of the details of either situation.

However, if your current marriage has failed because of the situation with your older children, handle that cautiously and carefully....and with a good attorney.

 

[ceara19]

After reading these last few posts I am going to play "devil's advocate" a bit here.

Dude...if you are really trying to get full custody against a mom who is NOT legally unfit, while being cooperative regarding a mom who really IS legally unfit then that honestly could work against you.

If you refuse to admit that your older children could have some "issues" due to their mother that could also work against you.

I have no dog in this show and don't care one way or another. However I see some signs in the above posts that could perhaps cause you some grief....and that's a BIG perhaps because I don't know any of the details of either situation.

However, if your current marriage has failed because of the situation with your older children, handle that cautiously and carefully....and with a good attorney.

I don't see their divorce going smoothly at ALL!

 

[angeleyzad]

getting the picture...

okay, so I take it that CLBKLCDTB is the STBX of triviafreakdad...the plot thickens!

 

[LdiJ]

Not only does the plot thicken, but it just proves the theory that there are three sides to every case....his, hers and the truth. Its interesting to hear things from the other point of view. She actually sounds pretty credible in that last post.

 

[stealth2]

hehehe Just got me some popcorn.

 

[triviafreakdad]

[QUOTE=CLBKLCDTB;1508253]Yes you do come here for advice, however you do not speak the whole truth in any situation. So how could the advise you get be good advice when these people only have half the story?

First of all I did not say anything bad aboout the children, I simply asked if they had received counseling for the abuse suffered at the hands of their mother from 2000-2004. Appearently they have not.

I requested Joint legal custody and primary phy. originaly.
I did walk out of mediation because that is what my advocate told me I should do if you became demeaning and threatning. which you did in your oh so subtle way.
You in turn hired a lawyer in family court and went for my throat stating that because you still live in the maritial residence you want custody.
You also went as far as to say because our three year old enjoys playing in water that he has OCD. You stated you claim so hard that the GAL recomended counseling for our 3yr old...to which the Dr. found no issues. (but your other two children who have exp. abuse and their mom going to jail, have never seen a counselor at now ages 9 and 6?)

I got frusterated during the marriage with you, that the care of these children was left totaly up to me without you getting them professional help.
I never once put them out. I never once hurt them.
Your actions here are indicative of your controlling nature. I have read every post.

I am sure the good people here will be interested to know that you motiond the court to have my parenting time suspened over things that had nothing to do with you or our son...but in fact my older daughter's father did something that I felt needed to be reported and our son was in the home when the reoprt was made. Her father lives over 60 miles away and the incident took place in his home. You tell the court in your motion you feel our son is in danger of me, my daughter and her father? Appearently the judge did not agree.

I am the one who filed for divorce. And I am sure you are happy, due to there is another female in your life. That you get to see every sat. During your parenting time...while you leave you 9,6 and our 4 year old in the care of a 14 yr old from 9pm Sat till 6am Sunday.

I do not need advice from here I have a good lawyer. However To read your postings here on how bad I am...when for three years you told me I was a good mom.
To know you are tring so hard to take our son from my custody while asking for advice on how to give you abusive ex her viitation back..Is just unbelievable to me.

You have shown your anger and insaults for me here one to many time. All of it is proof that mental and emotional aabuse tward me is real.

I do not post often, however felt the need at times to post the other side that no one hear is seeing. I feel that is fair.

After reading the awful things you have posted here about me, i wanted to ask you some questions.

Instead of answering the questions you have shown your true personality. Thank you.[/QUOTE]
It seems to me this post had NOTHING to do with you . Who's trashing who , psycho ?