Filed papers correctly?

[Pearl72]

What is the name of your state (only U.S. law)? Colorado

Hi! My other thread was closed, so I had to start a new one... and I am asking here, since i found out today my lawyer is unavailable until the end of next week due to a major trial she is doing.

My ex supposidly filed papers with the court with his proposed parenting plan yesterday - I say supposidly because all I received was a parenting plan - no papers indicating it was filed. The GAL got the same thing - just the parenting plan. Shouldn't have i gotten a copy of the other paperwork that was filed with the courts including the parenting plan?

His parenting plan bascially states i get every other weekend from 7pm friday to 7pm Sunday, and one nite a week for an hour after her karate class, with no holidays or summer vacation time. A lot of other restrictions as well, and he is requiring me to pay half of everything (which by the way he is currently getting supplemental for my daughter off my disability of over 500 a month).

How long do i have to file my own parenting plan? I was working on one with my Lawyer, but havn't gotten to work on it with her as of yet. The lawyer had told me she was going to file paperwork for a notice to set hearing for Sept/Oct sometime, but that hasn't been done either yet... so with him filing this parenting plan, does this mean we will be going to court a lot sooner than that? I have only gotten my weekends with my daughter for about a month, and as i understood it, it was supposed to be temporary for a few months so i could establish parenting time on a regular basis with my daughter.

 

[CJane]

First, you need to take a deep breath and consider how you're looking at this.

He is not REQUIRING you to do ANYTHING. 1) He doesn't have that power and 2) this is a PROPOSED parenting plan -- so it's what he WANTS, not what he's going to GET.

EVERYTHING will rest very heavily on what the GAL recommends and he's winning NO POINTS there. At all.

I don't think that at this point you need to second guess your attorney. If she has said she'll work on this with you, then you need to trust her. The GAL doesn't want things going back to court quite yet either -- she made that clear to you, yes?

You SHOULD (and I'll look up the specifics later) have up until the minute you step into the court room to submit a proposed parenting plan. OR you can simply stipulate that you trust the GAL to make a recommendation that is best for the child, and be totally willing to go with whatever THAT is.

 

[Pearl72]

But my question is this still... was i served correctly? There was no paperwork like a certificate of mailing, or anything like that with the parenting plan... do i have to go to the courts to see if there is even one on file? If so, can i ask them to get a copy of it since i nor the gal got one with the parenting plan he sent? I have no clue as to what papers he filed with the courts, if any - all i got was the proposed parenting plan of what he wants.

 

[CJane]

But my question is this still... was i served correctly? There was no paperwork like a certificate of mailing, or anything like that with the parenting plan... do i have to go to the courts to see if there is even one on file? If so, can i ask them to get a copy of it since i nor the gal got one with the parenting plan he sent? I have no clue as to what papers he filed with the courts, if any - all i got was the proposed parenting plan of what he wants.

Were you SERVED with this "paperwork" or was it MAILED to you?

You shouldn't need to go to the court to determine if he filed anything. You SHOULD be able to call the courthouse and ask to speak to the clerk, then simply supply them with the case number and they can look and tell you whether anything was filed recently. They MAY be able to fax/email you a copy of what has been filed, depending on their own local rules. MY court doesn't do any faxing except to attorneys, but will make copies and have them ready for picking up after work.

 

[Pearl72]

My mistake, it was Mailed to me. I will call the court in the morning then to see what paperwork was filed, and see if they can fax any other papers i didn't get to my attorney's office, and they should be able to forward it to me.

 

[Pearl72]

Just an update, received papers in the mail today. GAL filed 2 motions with the courts I guess on Wednesday stating that Father is to comply with court rules and proper rules of service to all parties involved in the case. She filed a motion to throw out the motion he apparently filed Monday to the courts.

Got an email stating I am to come up with a parenting plan of what I would like, and to present that to the GAL by end of next week. Then she wants to schedule a meeting with Me, My lawyer, Father of daughter and GAL to come up with parenting plan in two weeks.

Just got papers in the mail that Father went to the courts again Thursday (yesterday) and filed an emergency motion, which means I cannot get my daughter for this weekend due to this - as grounds I am not mentally stable and my daughter is at risk when she is with me. Havn't heard yet on a court date, if any - if the judge dismisses this latest motion, is there a way I can get make up time for this weekend that i am missing due to him filing this new motion? Can i make him pay attorneys fees at all for these frivioulous motions he keeps filing?

 

[mistoffolees]

if the judge dismisses this latest motion, is there a way I can get make up time for this weekend that i am missing due to him filing this new motion? Can i make him pay attorneys fees at all for these frivioulous motions he keeps filing?

You can ASK the judge to give you makeup time. It's not always awarded.

If the motions really are frivolous, you can ask the judge to order him to pay. Again, not always granted.

 

[CJane]

Just got papers in the mail that Father went to the courts again Thursday (yesterday) and filed an emergency motion, which means I cannot get my daughter for this weekend due to this - as grounds I am not mentally stable and my daughter is at risk when she is with me. Havn't heard yet on a court date, if any - if the judge dismisses this latest motion, is there a way I can get make up time for this weekend that i am missing due to him filing this new motion? Can i make him pay attorneys fees at all for these frivioulous motions he keeps filing?

He FILED an emergency motion. Was it GRANTED? Did you receive a signed ORDER?

 

[Pearl72]

Havn't gotten anything more from the courts if it was granted or not. Have not received a signed order. With that being said, I did go and attempt to pickup daughter at designated place - he wasn't there... waited 30 min, called him - he said I didn't get her because of what he filed, I stated it wasn't signed by the judge, and no other orders have been received by either of us. Advised that if he didn't show up in 30 min with my daughter, i would go to the courts on monday and file papers myself for visitation interference. He showed up 20 min later with my daughter, AND her friend. At least i have my daughter this weekend. (This happened last night - Friday, in case anyone was wondering... )

 

[milspecgirl]

way to stand up for yourself!

 

[wileybunch]

Atta girl -- glad CJane pointed out to you that you didn't have an order. You have really GOT to stop thinking that your ex can run your life and whatever he says is the gospel truth. And, make sure you let the judge know he did this in the course of the motions you have pending.

 

[meanyjack]

Havn't gotten anything more from the courts if it was granted or not. Have not received a signed order. With that being said, I did go and attempt to pickup daughter at designated place - he wasn't there... waited 30 min, called him - he said I didn't get her because of what he filed, I stated it wasn't signed by the judge, and no other orders have been received by either of us. Advised that if he didn't show up in 30 min with my daughter, i would go to the courts on monday and file papers myself for visitation interference. He showed up 20 min later with my daughter, AND her friend. At least i have my daughter this weekend. (This happened last night - Friday, in case anyone was wondering... )

Good for you!
FWIW -- I would simply keep track of this somewhere, just in case you need to use this little fact sometime down the road.

 

[meanyjack]

Just an update, received papers in the mail today. GAL filed 2 motions with the courts I guess on Wednesday stating that Father is to comply with court rules and proper rules of service to all parties involved in the case. She filed a motion to throw out the motion he apparently filed Monday to the courts.

Got an email stating I am to come up with a parenting plan of what I would like, and to present that to the GAL by end of next week. Then she wants to schedule a meeting with Me, My lawyer, Father of daughter and GAL to come up with parenting plan in two weeks.

You could make it very easy for you by simply submitting the court's parenting plan that's ordered when parent's can not come to an agreement. You should check the website of the court that has jurisdiction.
By using the court's parenting plan, the other parent would have to prove that this plan is NOT in the best interest, while trying to argue his plan is in the best interest of the child. He'd fail twice! lol

 

[The_Non-Mom]

Havn't gotten anything more from the courts if it was granted or not. Have not received a signed order. With that being said, I did go and attempt to pickup daughter at designated place - he wasn't there... waited 30 min, called him - he said I didn't get her because of what he filed, I stated it wasn't signed by the judge, and no other orders have been received by either of us. Advised that if he didn't show up in 30 min with my daughter, i would go to the courts on monday and file papers myself for visitation interference. He showed up 20 min later with my daughter, AND her friend. At least i have my daughter this weekend. (This happened last night - Friday, in case anyone was wondering... )

Big thumbs up to you! Can't wait to hear more updates!

 

[CJane]

Havn't gotten anything more from the courts if it was granted or not. Have not received a signed order. With that being said, I did go and attempt to pickup daughter at designated place - he wasn't there... waited 30 min, called him - he said I didn't get her because of what he filed, I stated it wasn't signed by the judge, and no other orders have been received by either of us. Advised that if he didn't show up in 30 min with my daughter, i would go to the courts on monday and file papers myself for visitation interference. He showed up 20 min later with my daughter, AND her friend. At least i have my daughter this weekend. (This happened last night - Friday, in case anyone was wondering... )

Now see Pearl, that's what I'm talking about. He's going to try and push EVERY SINGLE button you have. At least twice.

The REASON you guys got along when he had custody and you had supervised visits is because he was in absolute control. You were broken and were at his mercy. His authority over you was complete -- AND you were beaten down enough to feel extreme gratitude just to have any contact with your child at all.

Now though, you're mended (and mending) and you're asserting yourself and you've pulled the rug out from under him. He's going to try and force you back into the box. He needs to know if you can be broken again.

That's why it's VITAL that you maintain a calm and collected -- and yes, detached -- manner with him. Cry all you want about the stress and tension when you're alone. But NEVER let him see you sweat.

Trust me, darlin, it's about survival. And compartmentalization is essential.