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Finally got my order (temp though)

  • Thread starter Thread starter carmonal03
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carmonal03

Guest
What is the name of your state? MI

Well after much frustration, and confusion I finally ahve a temporary order in place the friend of the ccourt called me today to go pick it up and my daughters mom FLIPPED. Called me at work and called me every name in the book.

Order states: Parties shall share joint legal custody. They physical custody issue shall be determined after psychological(sp?) evaluations have been completed on plaintiff (me) and defendant.
While evaluations are pending Breana will reside with the father (plaintiff) from 7pm on sunday evening until 1pm on friday.

Defendant shall have minor every weekend from Friday at 1pm until sunday at 6pm sunday. Defendant (mother) will pick minor up from father on friday and plaintiff (father) will pick minor up from mother on sunday at 6pm. BOTH plaintiff and defendant are to pay monthly installments of $30 untl reimbursement is complete in paying for the psych evaluation.

There will be NO order for child support until further and permanent action is taken in the matter of physical custody.

Then the order goes on to specifics about holiday schedules etc.
It dosent say just when they are scheduling this psychiactric evaluation on us but has anyone gone through this before, and what should I expect? I have nothing to hide so im not really afraid, but rather anxious or nervous about the process.
Are there certain things I should abstain from during this evaluation? Since breanas mother has been known quite well to lose her temper with police officers AND court officials, Im just waiting to see if they ask her something and she loses her temper with the evaluator, im definately not ruling out that possibility.

Also the order states that we each have 21 days to contest this order, and she has already let me know that she plans to contest this, which is fine, I know that is her right to do that if thats what she wants, but how likely is the possibility of the judge overturning this? Is now the time to get letters of character on my behalf and add them to my case or should I wait?
I have social workers, a cps worker, and even my employer and co-workers willingo write these letters about me. All she has are her family willing to write letters for her. Are letters from family really taken serious as it is qite obvious that family tend to "stray from the truth" when it comes to testifying for a loved one.

Eventhough I am not out of the woods yet on this issue, I would like to thank everyone that offered advice and/or words of ecouragement through their replies in my posts. I feel that it would have been difficult for me to get this far in my case, AND keep a positive attitude without the help of the "freeadvice.com family" Thank you very much, from my daughter and I to you.


leo
 
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VeronicaGia

Senior Member
Well, you don't say how old the child is. Is the child in school? If so, is the child doing well in school? How is the child doing overall with this arrangement? If the child is thriving, that is your best defense in retaining custody, especially if the child was not thriving while in the custody of the other parent.

Hopefully someone else can give you more advice here.
 
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carmonal03

Guest
she just turned one year about 2 weeks ago while she was here with me. I have had her since 3 days before christmas eve.
 
B

Born to Lease

Guest
Hi, I have been looking for this good news from you! Congratulations! I know you have really worked hard, and your little girl is so very fortunate to have a DADDY who loves her as much as it is obvious that you do!

Whenever I went through all of that years ago, they told us to just be "natural" and that they were not looking for "anything in particular". It was not quite that simple, but it was not bad either.

They took reports from my babysitter as well as several of our neighbors and the Property Manager where we were living at the time. To be real honest, the evaluations did not offer anything on behalf of either of us. Both of us were and still are very good parents, but at the time my X-Husband just needed to get his priorities straight and grow up. (He was drinking a lot, but that soon stopped and he is today--14yrs. later--a great daddy.)

Without reading your previous posts again, I can only base this next comment on what I remember. I think the mother's situation is one that might warrant some concern for HER regarding the evaluation, and it would be in her best interest to just lie low and avoid fighting you for custody.

My advice is to do whatever it takes to show the court what a great advantage your little girl has by living with you. Then let the court find out on their own that the mother has got a lot of issues that make you, and others, question her stability and her ability to be a good full-time mother. But, whatever you do, make sure they see EVERYTHING that makes living with you the best arrangement for your little baby!

Keep us posted!
 

lsut1ger

Member
Wow! This is really great news!

It wouldn't hurt to get your recommendation letters ready....and it's possible that the evaluator will ask to speak to someone that has known you for some time.

How long has your boss/social worker, etc. been involved with you?

You may want to work on finding someone back home in CA that will give you a good recommendation - someone who has known you for more than a year.

I would just lay low and let this work itself out. You're in a good position right now so no need to expedite the evaluation.....but don't let it drag out for too long either.

And just let her hang herself. Her true colors will most likely come out in the evaluation. Hopefully they will do the full on psychological testing which will show her personality "deficiencies...

Good luck to you!
 
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carmonal03

Guest
A NEW DEVELOPMENT.


Today is supposed to be the first visitation weekend. SHE was supposed to be here at 1pm to pick breana up and im supposed to go to her house on sunday to pick breana up and bring her back. My X gets on here at half an hour before shes due here and says she has no way to get here and if I could please just take her all the way. Its about an hour and a haldf drive so i said that i couldnt but the best i could do was to meet her half way which actually turned out to be 3/4 of the way according to the mileage.
The reason I did this was because eventhough I feel that I should hold primary residence, I still believe that my daughter deserves to have both her mom and dad actively in her life.
I thought I was doing something good! If I wanted to be a complete jerk I would have waited home till passed the time when she shoudl have been here and said "oh well"
But no, once AGAIN I bent over backwards (called work and said id be late) to accomodate her and NOW she is telling me that I broke the order and she can file something to hold ME in contempt.
Is this true? My intentions absolutely of good faith. Will someone please tell me if I am worrying over nothing??
thank you
leo
 

snostar

Senior Member
If the mother did not show up at your home to pick up your daughter at 1pm like the order states then she is in contempt. Were you home at 1pm or were you already on your way to bring her to her mother? I certainly commend you for putting your child first. If she wants to try to screw you for doing what is truly best for your child (spending time with mom) her vendictiveness, IMO will not be embraced by the court.
 
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carmonal03

Guest
Below is the e-mail that I got from "mom today which initiated our messenger conversation, I have just copied and pasted here.
Ok IAAL and Hex...get out your red pens.

**From: "lola fields" <candikiss_20@hotmail.com> Add to Address Book
To: leo carmona
powertrippedaccord@yahoo.com
date: Feb.13 2004

lisen i was wanduring if you would bring Breana to me and i can give you gas money,just until i get my taxes back so i can get a car....Please just give a chance...I really would like to get a chance to talk to you and maybe instead of fighting all the time we can be freinds agian you know....**




Yes at 1pm I was home and we were still talking online via msn messenger. It wasn't until 1:30 that I left my home and I didnt arrive at the Wal Mart we agreed to meet at until 3:00 exactly.
THEN I even went so far as to give "mommie" $5 to get baby a happy meal. She dosent realize that I am setting my feelings (good or bad) for her aside, and ONLY doing what is good for OUR daughter while still trying to abide by the court order. The order states thats each parent shall try and promote a healthy and positive relationship with the child to the other parent.
All morning while getting her dressed and doing her hair I kept telling her that she was going to get to see mommy and gramma today and showing her pictures on the wall of her mom. Yes, in my daughters room above her bed I have a bulletin board that has pictures of me and her mom when we were still together, despite my current girlfriends objections, I have put these "family" pictures up in breanas bedroom. I do not want her to grow up the way I did....thinking that her parents hate eachother. The pictures that are up on the board are of the X and I BEFORE breana was even concieved, but now these pictures no longer belong to me, they are breanas pictures now and I will always save them for her. When my parents split up, my mom divided up all her wedding photos up between me and my 2 sisters and that was when I was 12 and we still have those pix.
I just really for my daughters sake hope that I am doing the "right thing".
 
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kidoday

Senior Member
You have got to be kidding me. She blatenly stated that she could not make it. This in itself states that she had no intentions on picking up your daughter unless you provided transportation. You are not in contempt for not following the court order, but will be rewarded in the courts eye for accomodating her to establish a relationship with your dauther.

Don't sweat the small stuff.

Oh and keep that email with all the documentation.

Oh and you are doing the right thing. Keep up the good work. There should be more parents like you.
 
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carmonal03

Guest
i can BREATHE now!
I have been pacing around for a bit now wondering if im in trouble
Despite what she thinks I DO want to be civil at the very least.
I even got the X a valentines day card and candy from the "baby"
Talk about killing her with kindness LOL
 
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carmonal03

Guest
yes i ahve a card for "mommie" and a little heart box of chocolartes and a little bear on a balloon for her from breana, I will take them down when I pick breana up which will be on sunday evening. My current gf dosent or wont understand why I am doing this. I dont feel that i am being innapropriate though.
I also have a 3 1/2 year old son that I have joint legal of back in CA, his mom has him right now, (my time w/him starts in may)
and we each get eachother stuff every year and say that they are from brandon (our son) It works out pretty neat and brandon feels important thinking that he "bought" presents for his mom and dad. I am just trying to pass this tradition to my daughter too.
 
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carmonal03

Guest
yes i ahve a card for "mommie" and a little heart box of chocolartes and a little bear on a balloon for her from breana, I will take them down when I pick breana up which will be on sunday evening. My current gf dosent or wont understand why I am doing this. I dont feel that i am being innapropriate though.
I also have a 3 1/2 year old son that I have joint legal of back in CA, his mom has him right now, (my time w/him starts in may)
and we each get eachother stuff every year and say that they are from brandon (our son) It works out pretty neat and brandon feels important thinking that he "bought" presents for his mom and dad. I am just trying to pass this tradition to my daughter too.
 

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