TPA hearing Wednesday...question about the schedule to request?

[novemberbride]

The entire name. He wanted the family name as the baby's first name, the current first name as the middle name and his last name!

Weird...So he wanted the baby's name to be like Stanley Nicholas Nicholas?

My ex petitioned to have our daughter last name changed to a name he made up. Had nothing to do with either of our last names....just a name he picked out of the clear blue sky. Judge said heck no.

Happy for you InfantCustody!

 

[InfantCustody]

Weird...So he wanted the baby's name to be like Stanley Nicholas Nicholas?

My ex petitioned to have our daughter last name changed to a name he made up. Had nothing to do with either of our last names....just a name he picked out of the clear blue sky. Judge said heck no.

Happy for you InfantCustody!

The "family name" is the Jr, 1st, 2nd, etc that he wanted to use with our son. I said, great for the middle name, but I don't want him being a 3rd! The baby has my last name right now, and the judge left my last name for now and said we can talk about it later, but said she will NOT change his first or middle name. Told them not to even ask again!

Thanks...I am really, really happy today!!

 

[InfantCustody]

IC,

(Forgive the shortening but...) I am extremely happy for you. Seems like a good schedule for the most part and I want to applaud the growth you have had since joining this forum. You are a great example of a parent who is being reasonable.

Sounds like a good schedule and I like the COURT's statement regarding whether the parties are unhappy. That is true-- extremely true.

Thank you. It means a lot, really. I can honestly say I would not have made all the "reasonable progress" were it not for the straightforward and some times hard to hear advice. You all don't sugar coat anything...and neither does the judge. This forum is just a prep course for court!

I LOVED the judge, and her advice. She is a no-nonsense woman who came in wearing jeans, cowgirl boots, a belt with a big silver buckle and her robe over it all, but unzipped. Then she took the robe off half way through. She is personable, but gets the job done. I wouldn't want to be on her bad side, that is for sure!

 

[Ohiogal]

Thank you. It means a lot, really. I can honestly say I would not have made all the "reasonable progress" were it not for the straightforward and some times hard to hear advice. You all don't sugar coat anything...and neither does the judge. This forum is just a prep course for court!

I LOVED the judge, and her advice. She is a no-nonsense woman who came in wearing jeans, cowgirl boots, a belt with a big silver buckle and her robe over it all, but unzipped. Then she took the robe off half way through. She is personable, but gets the job done. I wouldn't want to be on her bad side, that is for sure!

That is the point of this forum -- to be a prep course for court. I am in court several times a week.

Stick around IC. You will definitely learn. Keep doing what you are doing. Okay? I was not sure of you when you started -- thought you were idiotic quite frankly. BUT, you have learned and matured when it comes to court matters. THAT is a good thing. Keep doing that. Okay?

 

[InfantCustody]

That is the point of this forum -- to be a prep course for court. I am in court several times a week.

Stick around IC. You will definitely learn. Keep doing what you are doing. Okay? I was not sure of you when you started -- thought you were idiotic quite frankly. BUT, you have learned and matured when it comes to court matters. THAT is a good thing. Keep doing that. Okay?

I know, I was idiotic!!

I think I will stick around, and keep learning. It's a deal!

 

[InfantCustody]

Can he request a modification of TEMP orders?

State: NC

Ok...Dad has had some "realizations" about the temp orders that he doesn't like and is threatening to request a modification of the temp orders. Unless he has comprehansion problems, don't know how he didn't realize it because it is BLACK AND WHITE but, ok?

Specifically, he didn't realize that until 6 months the judge has him doing all driving for his 9:30-3:30 visits regardless of week-end or week-day. Additionally, he didn't realize that as of when the baby is 6 months and he gets a full 48 consecutive hours per week, he loses the 6 hour visit on his 3rd day off. He said it was "sneaky" of the judge to agree to give him the 3rd day, but only until 6 months and then take it away. I tried to explain because his "2 days visits" expands to 48 hours from 32 hours, but there is no talking to him!

He wants it modified that ALL DRIVING is shared (we have been over this soooo many times it's nauseating, he wants me to leave work to drive even when I am working) and that he keeps his third day 6 hour visit.

Is the judge going to agree to hear a modification for a TEMPORARY order that is LESS THAN TWO WEEKS OLD?

 

[CSO286]

State: NC

Ok...Dad has had some "realizations" about the temp orders that he doesn't like and is threatening to request a modification of the temp orders. Unless he has comprehansion problems, don't know how he didn't realize it because it is BLACK AND WHITE but, ok?

Specifically, he didn't realize that until 6 months the judge has him doing all driving for his 9:30-3:30 visits regardless of week-end or week-day. Additionally, he didn't realize that as of when the baby is 6 months and he gets a full 48 consecutive hours per week, he loses the 6 hour visit on his 3rd day off. He said it was "sneaky" of the judge to agree to give him the 3rd day, but only until 6 months and then take it away. I tried to explain because his "2 days visits" expands to 48 hours from 32 hours, but there is no talking to him!

He wants it modified that ALL DRIVING is shared (we have been over this soooo many times it's nauseating, he wants me to leave work to drive even when I am working) and that he keeps his third day 6 hour visit.

Is the judge going to agree to hear a modification for a TEMPORARY order that is LESS THAN TWO WEEKS OLD?

It's called a Temp order for a reason.

I think Dad's in for a bit of a surprise and he might find the Judge is going start being less friendly and more annoyed with him.

Dad needs to realize that what he has right now is way more than what NCPs get when the parties are at each other's throats all the time.

But Dad still has the right to try to bring it into court and have the Judge explain all that to him....


Sorry, IC.

 

[novemberbride]

State: NC

Ok...Dad has had some "realizations" about the temp orders that he doesn't like and is threatening to request a modification of the temp orders. Unless he has comprehansion problems, don't know how he didn't realize it because it is BLACK AND WHITE but, ok?

Specifically, he didn't realize that until 6 months the judge has him doing all driving for his 9:30-3:30 visits regardless of week-end or week-day. Additionally, he didn't realize that as of when the baby is 6 months and he gets a full 48 consecutive hours per week, he loses the 6 hour visit on his 3rd day off. He said it was "sneaky" of the judge to agree to give him the 3rd day, but only until 6 months and then take it away. I tried to explain because his "2 days visits" expands to 48 hours from 32 hours, but there is no talking to him!

He wants it modified that ALL DRIVING is shared (we have been over this soooo many times it's nauseating, he wants me to leave work to drive even when I am working) and that he keeps his third day 6 hour visit.

Is the judge going to agree to hear a modification for a TEMPORARY order that is LESS THAN TWO WEEKS OLD?

So, dad didn't realize this when it was being heard in court? Now he realizes it and wants to modify it because it's not what he wants?

I don't have legal advice IC...but, what I have experienced with my ex is that he always files for modifications within weeks of having new orders. Each time, he's been denied. The last time we were in mediation, he was repremanded for wanting to change an order that had only been in effect for less than a year. This is why I have been in court over 60 times since the birth of our daughter

Sorry IC....sounds like you have an ex who thinks as logically as mine.

 

[InfantCustody]

So, dad didn't realize this when it was being heard in court? Now he realizes it and wants to modify it because it's not what he wants?

I don't have legal advice IC...but, what I have experienced with my ex is that he always files for modifications within weeks of having new orders. Each time, he's been denied. The last time we were in mediation, he was repremanded for wanting to change an order that had only been in effect for less than a year. This is why I have been in court over 60 times since the birth of our daughter

Sorry IC....sounds like you have an ex who thinks as logically as mine.

He said it is worded such that it is "unclear?" It was perfectly clear to me so I don't know how he didn't get it when we were sitting with the judge in the court room.

Dad has now decided he didn't understand the driving and wants "more" (it is a constant life problem, always wanting "more," thus the reason he is my ex) so he is going to go to court and explain all this to the judge.

I hope he finds logic, but if history is an indication of the future, it won't happen!

 

[InfantCustody]

It's called a Temp order for a reason.

I think Dad's in for a bit of a surprise and he might find the Judge is going start being less friendly and more annoyed with him.

Dad needs to realize that what he has right now is way more than what NCPs get when the parties are at each other's throats all the time.

But Dad still has the right to try to bring it into court and have the Judge explain all that to him....


Sorry, IC.

Thank you....

If he does take it back to court, could I ask that he pay my attorney fees since it would be completely insane? I mean, seriously, we are less than TWO WEEKS out of the hearing?

 

[MichaCA]

I would, however I'd ask your attorney the likelihood of getting your attorney fees paid. Usually a case has to be proven frivolous. However, I often thought if my attorney (who was not aggressive) would have fought for attorney fees, my ex would have shut up with continual modification requests immediately. I did get the info that here in CA (at least northern CA) there is a bias around awarding a parent attorney fees when they are constantly being taken to court...why I'd ask your attorney.

I honestly believe it would be THE ticket to him shutting up and not constantly putting you through this.

 

[mistoffolees]

Thank you....

If he does take it back to court, could I ask that he pay my attorney fees since it would be completely insane? I mean, seriously, we are less than TWO WEEKS out of the hearing?

You can always ask.

Whether you'll get it depends on the judge and circumstances. Often, judges let a person get away with it once or twice and then clamp down. Your attorney will know how the judge is likely to react.

 

[TinkerBelleLuvr]

My answer if he were to file - get the STANDARD infant visitation plan and let him have it. Oh, yeah - he'd hate that.