Pro Se Questions

[Zephyr]

What is the name of your state? WI

Post from previous thread about issues
https://forum.freeadvice.com/showthread.php?t=332407

Ok, well what I expected would happen looks like it's going to happen, ex is going to deny my weekend. I will be taking this back to court.

again, my order is as follows:

A. School Year (EX) shall have primary physical placement of (child) during the school year which shall be defined as one week prior to the start of the school year until the Sunday after the last day of school. (ME) will have secondary placement during the school year every other weekend and during those days in which school is not in session except for the Thanksgiving and Christmas holidays.

B. Summer (ME) shall have physical placement of (child) during the summer which shall be defined as commencing the Sunday after the last day of school and ending one week prior to the beginning of the school year. (EX) shall have secondary placement every other weekend during the summer and additional uninterrupted seven day period. (EX) shall notify ( ME) at least 60 days in advance of the 7 day period of extra placement during the summer.

C. Holidays The parties shall share the Thanksgiving and Christmas holidays in a manner to be determined by the parties. Regardless of placement (ME) shall have placement during the Mother's Day weekend and (EX) shall have placement during the Father's day weekend.


The questions I have, and have gotten various answers from different sources, but I want to make my trips to court as effective as possible.

My thought is to file for Modification of Placement right away listing everything out and then to include a clarification request so if the judge is not inclined to change custody he can clarify the exsisting order.

My thinking is- because the case was soooo close before, what has happened since might just be enough to get kiddo back to me- I do realize this really is a long shot- but if I don't ask I definitely won't get it.

I have been told that this is not really a sound strategy- kind of like trying to win a baseball game with a home run in the first inning.

So, any advice on strategy? Can including the request for modification hurt my case?

Thank You

 

[waitinMd]

My thought is to file for Modification of Placement right away listing everything out and then to include a clarification request so if the judge is not inclined to change custody he can clarify the exsisting order.

My thinking is- because the case was soooo close before, what has happened since might just be enough to get kiddo back to me- I do realize this really is a long shot- but if I don't ask I definitely won't get it.

Are you filing for Modification of Placement along with Contempt charges for your ex not allowing you to see your child?

I agree with you, if you don't ask, you won't get it.

 

[Zephyr]

Yes I will be filing for contempt as well, also another point of information- the judge stated that wannabe SM had every reason to behave properly given her 5 year probation/stayed prison sentence- on Sept 7 she will be pleading no contest/guilty to 3 more misdemeanors. Don't now if that matters too much or not but obviously the home is not what the judge envisioned he was sending the child to.

 

[waitinMd]

It is very frustrating trying to get your point across to the judge. My case also has my daughter in a situation the judge did not realize he put her in.

I would ask while you have the chance, though I am not good at all with wording.

To me if you ask, it shows you are concerned and you want your child back. The worst that can happen is they say "no change", and of course you are not going to give up. I'm sure your case will go on, and later you ask for a modification again. I have decided that when the 'other' party wins and they are wrong, they screw up more. They think they can get away with their actions.

 

[waitinMd]

Also, If I recall correctly, I think CJane posted the verbage for one of her motions for modification. I thought she got excellent feedback from some of the Senior Members.

 

[casa]

What is the name of your state? WI

Post from previous thread about issues
https://forum.freeadvice.com/showthread.php?t=332407

Ok, well what I expected would happen looks like it's going to happen, ex is going to deny my weekend. I will be taking this back to court.

again, my order is as follows:

A. School Year (EX) shall have primary physical placement of (child) during the school year which shall be defined as one week prior to the start of the school year until the Sunday after the last day of school. (ME) will have secondary placement during the school year every other weekend and during those days in which school is not in session except for the Thanksgiving and Christmas holidays.

B. Summer (ME) shall have physical placement of (child) during the summer which shall be defined as commencing the Sunday after the last day of school and ending one week prior to the beginning of the school year. (EX) shall have secondary placement every other weekend during the summer and additional uninterrupted seven day period. (EX) shall notify ( ME) at least 60 days in advance of the 7 day period of extra placement during the summer.

C. Holidays The parties shall share the Thanksgiving and Christmas holidays in a manner to be determined by the parties. Regardless of placement (ME) shall have placement during the Mother's Day weekend and (EX) shall have placement during the Father's day weekend.


The questions I have, and have gotten various answers from different sources, but I want to make my trips to court as effective as possible.

My thought is to file for Modification of Placement right away listing everything out and then to include a clarification request so if the judge is not inclined to change custody he can clarify the exsisting order.

My thinking is- because the case was soooo close before, what has happened since might just be enough to get kiddo back to me- I do realize this really is a long shot- but if I don't ask I definitely won't get it.

I have been told that this is not really a sound strategy- kind of like trying to win a baseball game with a home run in the first inning.

So, any advice on strategy? Can including the request for modification hurt my case?

Thank You

He's SUCH an A$$!

 

[Zephyr]

He's SUCH an A$$!

I have no doubt that there is a big possibility for fireworks tonight when I appear at the trailer court- sm/gf really has no self control at all- I am going to try to time my phone call to the police so that the police and I arrive at the same time- otherwise, I will be a sitting duck for her until they get there....gonna try to park on the furthest end where I can still see their vehicles but hopefully not be seen by them....yaknow- I am just not a big fan of being assaulted....

 

[Zephyr]

also- would the issues I had with the GAL before, and my attorney questioning his ethics and performance during the motion for reconsideration be enough to request a new GAL ? I don't see how he could possibly be impartial now after having his professional integrity questioned.

 

[casa]

also- would the issues I had with the GAL before, and my attorney questioning his ethics and performance during the motion for reconsideration be enough to request a new GAL ? I don't see how he could possibly be impartial now after having his professional integrity questioned.

I would definately ask for a new GAL, considering.

 

[Zephyr]

I would definately ask for a new GAL, considering.

Guess I'll be spending lots of time at the library- but considering how much I have paid to lawyers and got nothing, at least doing it on my own I have nothing to lose- so the risk vs. gain ratio is awesome

 

[Zephyr]

Now I am really confused

Update is- I went to pick up son, of course cp was not at swap site, so drove to his house, called the police when I got to his parking lot, officer met me there and I explained the situation, told him (Officer Waytoocute ) that I understood he could not make cp hand over the child but I basically had to go through the motion so I would have a police report stating that I was there to pick up child and visitation was refused. He told me there would be no actual report written up, that he could give me the case number for the call to dispatch but that is all that is logged, because it's a civil matter they don't really do anything. I got the number from him, but is that enough? I hope the fact that I drove all the way there and had an officer on scene is sufficient enough eveidence of the denial of visitation, I don't think cp will lie about it either- he thinks he is totally right and within the guideline- and therefore protection of the court order

 

[casa]

Update is- I went to pick up son, of course cp was not at swap site, so drove to his house, called the police when I got to his parking lot, officer met me there and I explained the situation, told him (Officer Waytoocute ) that I understood he could not make cp hand over the child but I basically had to go through the motion so I would have a police report stating that I was there to pick up child and visitation was refused. He told me there would be no actual report written up, that he could give me the case number for the call to dispatch but that is all that is logged, because it's a civil matter they don't really do anything. I got the number from him, but is that enough? I hope the fact that I drove all the way there and had an officer on scene is sufficient enough eveidence of the denial of visitation, I don't think cp will lie about it either- he thinks he is totally right and within the guideline- and therefore protection of the court order

This IS a civil issue, but the officers refusal to write a report when you requested it is not the 'norm'....However, yes- when I hear that someone called & did not get a report, I say go to the police station with that # and pay for a copy of whatever document they use for 'call log'. This basically shows that an officer responded for X complaint (usually a # which designates what type of call it was- Domestic, Vehicle, Assault etc.) The date and time will correspond with your pick up time.

Just for curiousity, I would request (when at the police station) the 'procedure' for police reports and/or obtaining or filing a report in that Jurisdiction. Please come back & let me know what that is. It's my understanding that most places (again I cannot speak for all) will write a report if you request it.

 

[ceara19]

Update is- I went to pick up son, of course cp was not at swap site, so drove to his house, called the police when I got to his parking lot, officer met me there and I explained the situation, told him (Officer Waytoocute ) that I understood he could not make cp hand over the child but I basically had to go through the motion so I would have a police report stating that I was there to pick up child and visitation was refused. He told me there would be no actual report written up, that he could give me the case number for the call to dispatch but that is all that is logged, because it's a civil matter they don't really do anything. I got the number from him, but is that enough? I hope the fact that I drove all the way there and had an officer on scene is sufficient enough eveidence of the denial of visitation, I don't think cp will lie about it either- he thinks he is totally right and within the guideline- and therefore protection of the court order

Since the officer witnessed the denial, you could always have him subpoenaed to testify if necessary. I have heard of officers SAYING that they can't write up a report on civil matters, but it is usually because they don't want to have to do the paperwork. I would call the desk sergeant at the station and ask what their procedure is in cases like this.

 

[Zephyr]

Thank you guys- er gals- I will definitely follow up with this and speak with the police department on Tuesday.