I need help

[jowen82]

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

I'm needing some kind of help with my case. My ex and I have 2 children together and we have been to court to establish visitation. I am supposed to get my children from Sunday 4pm till the following Sunday 4pm. My children are 3 and 2. My problem is that my ex has denied me my visitation. I haven't had my children in my care since Christmas 2010. Due to her not letting me have my visitation I have requested modification of custody and my hearing is on Valentines Day 2011.

Here is some of what's going on. I have asked my ex before my daughter turned 2 if I could put her in school with me when she was old enough. She at first agreed but then took that back. She has also told me that my daughter won't be going to school this year (2010-2011) because she's not ready for it. But since she got the court papers with me taking her back to court she immediately enrolled her in the school with her. This violates my visitation and we didn't agree to this at all.

Now my mother is wanting to defend my ex in court and has written a letter to the judge as well. I want to know if there is anyway I can have my mother not be able to represent my ex or my children in court. I have never met my real father and have had at least 5 step-fathers while growing up. I don't believe my mother is a good person to represent them due to this as she believes that no matter what the children should be with their mother.

If anybody can help please let me know i'm running out of time before court.
Also I have supporting police reports for the violation of visitations.

 

[Proserpina]

Your mother wrote to the judge?

Why?

It's not going to be read...that's called an "ex parte" communication and the Judge isn't allowed to read it.

Your mother absolutely CANNOT represent ANYONE in court unless she is an attorney licensed to practice in your state.

 

[jowen82]

heh

Your mother wrote to the judge?

Why?

It's not going to be read...that's called an "ex parte" communication and the Judge isn't allowed to read it.

Your mother absolutely CANNOT represent ANYONE in court unless she is an attorney licensed to practice in your state.

Because my mother knows that if I get custody that she won't be able to see my children as much as me and my mother are not on talking terms. She mailed the letter to the judge and I just got it in the mail today from the courthouse. She works for the FSSA. Also neither my ex or I have hired a lawyer.

 

[stealth2]

Here is some of what's going on. I have asked my ex before my daughter turned 2 if I could put her in school with me when she was old enough. She at first agreed but then took that back. She has also told me that my daughter won't be going to school this year (2010-2011) because she's not ready for it. But since she got the court papers with me taking her back to court she immediately enrolled her in the school with her. This violates my visitation and we didn't agree to this at all.

At 3? It's called daycare. Not school. And no, it does NOT violate your visitation. You just don't take the kid on your week.

What have you done to enforce your parenting time?

 

[jowen82]

At 3? It's called daycare. Not school. And no, it does NOT violate your visitation. You just don't take the kid on your week.

What have you done to enforce your parenting time?

It's Vistula Head Start is what i'm trying to get my kids in. Yea it's like a daycare but they teach things. And i've got 4 police reports for her not letting me have my visitation time.

 

[stealth2]

It's Vistula Head Start is what i'm trying to get my kids in. Yea it's like a daycare but they teach things.

Again - you're under no obligation to take her on your weeks.

And i've got 4 police reports for her not letting me have my visitation time.

And what have you done with those reports?

 

[jowen82]

Again - you're under no obligation to take her on your weeks.



And what have you done with those reports?

How am I not allowed to take my children? It's a court ordered visitation and she didn't enroll her in the school until 3 weeks after the first denial of visitation. She is doing it out of spite. I still have the reports with me and i'm going to present them at my hearing on Feb 14th.

 

[stealth2]

How am I not allowed to take my children?

Who said you aren't? No one here. But it is a civil order, nor a criminal one. The police will not normally enforce a civil order.

It's a court ordered visitation and she didn't enroll her in the school until 3 weeks after the first denial of visitation.

Again - it is NOT school. Even daycare teaches kids stuff. She's three. She's enrolled in daycare. You do not have to take her to that daycare on your time.

She is doing it out of spite.

Prove it.

I still have the reports with me and i'm going to present them at my hearing on Feb 14th.

Good - that's what you should do. Although I wouldn't expect a change in custody. Filing for contempt would have made more sense, to be honest. YOu don't have a lawyer, do you...

 

[jowen82]

Who said you aren't? No one here. But it is a civil order, nor a criminal one. The police will not normally enforce a civil order.



Again - it is NOT school. Even daycare teaches kids stuff. She's three. She's enrolled in daycare. You do not have to take her to that daycare on your time.



Prove it.



Good - that's what you should do. Although I wouldn't expect a change in custody. Filing for contempt would have made more sense, to be honest. YOu don't have a lawyer, do you...

I have my chat transcripts in which I have asked my ex several times about schooling (daycare) and she has stated that she will not be attending because she is not ready for it or old enough. As soon as she received the letter from the judge about our court date she went and got her enrolled. No lawyer can't afford one unfortunately.

Her excuse for denying my visitation is because I refused to bring them back when my parenting time was up. We have agreed that there would be no more drop offs. Also in the Indiana Parenting Guidelines that it is the non-custodial parents responsibility to pick up the children at the beginning of the visitation time and it is the custodial parents responsibility to pick up the children at the end of the visitation time. If either party cannot get the children the other party must split costs (paraphrasing).

My ex does not have a vehicle or a job. Lives with her mother, sister, 2 nieces, my 2 children and her other 2 children in a 3 bedroom home. (don't know if that will help any) She sleeps in the same room as her 4 children in a garage that is probably 12x12. Been on welfare most her life and has a 8th grade education with no ambition to improve herself.

 

[stealth2]

Not sure what you think your transcripts *prove*.

And... what you're saying (or rather, what I'm understanding) is that you've chosen not to see your kids instead of driving them back to Mom's?

 

[Proserpina]

Been on welfare most her life and has a 8th grade education with no ambition to improve herself.

And this is the woman you CHOSE to be the mother of your children.

You don't get to hold this against her now. Y'know?

 

[Mom_of_Two]

How am I not allowed to take my children? It's a court ordered visitation and she didn't enroll her in the school until 3 weeks after the first denial of visitation. She is doing it out of spite. I still have the reports with me and i'm going to present them at my hearing on Feb 14th.

Op, are you planning on just bringing those papers with you on February? The seniors can correct me if I am wrong, but shouldn't he be filing the proof and declaration with the court before the hearing? Maybe that's just how it is in CA. We can't just walk evidence in, and the judge won't look at it unless it's properly submitted to the court beforehand.

 

[LdiJ]

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

I'm needing some kind of help with my case. My ex and I have 2 children together and we have been to court to establish visitation. I am supposed to get my children from Sunday 4pm till the following Sunday 4pm. My children are 3 and 2. My problem is that my ex has denied me my visitation. I haven't had my children in my care since Christmas 2010. Due to her not letting me have my visitation I have requested modification of custody and my hearing is on Valentines Day 2011.

So are you trying to say that you have a court ordered 50/50 parenting schedule?

Here is some of what's going on. I have asked my ex before my daughter turned 2 if I could put her in school with me when she was old enough. She at first agreed but then took that back. She has also told me that my daughter won't be going to school this year (2010-2011) because she's not ready for it. But since she got the court papers with me taking her back to court she immediately enrolled her in the school with her. This violates my visitation and we didn't agree to this at all.

So are you trying to say that you wanted the child to live primarily with you to attend a particular preschool, or what? This is confusing.

Now my mother is wanting to defend my ex in court and has written a letter to the judge as well. I want to know if there is anyway I can have my mother not be able to represent my ex or my children in court. I have never met my real father and have had at least 5 step-fathers while growing up. I don't believe my mother is a good person to represent them due to this as she believes that no matter what the children should be with their mother.

If anybody can help please let me know i'm running out of time before court.
Also I have supporting police reports for the violation of visitations.

You cannot prevent your mother from being a witness for your ex.

 

[LdiJ]

How am I not allowed to take my children? It's a court ordered visitation and she didn't enroll her in the school until 3 weeks after the first denial of visitation. She is doing it out of spite. I still have the reports with me and i'm going to present them at my hearing on Feb 14th.

Again, this is confusing because there are details missing. Why does her enrolling her in preschool matter?

 

[LdiJ]

I have my chat transcripts in which I have asked my ex several times about schooling (daycare) and she has stated that she will not be attending because she is not ready for it or old enough. As soon as she received the letter from the judge about our court date she went and got her enrolled. No lawyer can't afford one unfortunately.

Her excuse for denying my visitation is because I refused to bring them back when my parenting time was up. We have agreed that there would be no more drop offs. Also in the Indiana Parenting Guidelines that it is the non-custodial parents responsibility to pick up the children at the beginning of the visitation time and it is the custodial parents responsibility to pick up the children at the end of the visitation time. If either party cannot get the children the other party must split costs (paraphrasing).

My ex does not have a vehicle or a job. Lives with her mother, sister, 2 nieces, my 2 children and her other 2 children in a 3 bedroom home. (don't know if that will help any) She sleeps in the same room as her 4 children in a garage that is probably 12x12. Been on welfare most her life and has a 8th grade education with no ambition to improve herself.

If you have a 50/50 parenting plan (which again is unclear) then you made an agreed order, and the guidelines would not necessarily apply.

Seriously, you need to explain the backstory better, because its completely unclear just what is going on.