Rd2 temp custody hearing Feb29th and STBX lied under oath

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Re: Rd2 temp custody hearing Feb29th and STBX lied under oa

Postby Fatheroffour » Thu Feb 02, 2012 6:41 am

This is a two way street. If you want help you need to answer the questions that have been asked.

If you want to wallow in the drama, which is clearly your forte, there's not that much tolerance for that here.

Last time.
Any word on when your hearing is scheduled?
What is your current parenting schedule?
Are you requesting from the court to be making big change to the parenting schedule?
Who lives in the school district? One or both of you?



You have 137 post. Amazingly few discuss your child in any way at all. Custody is what this forum is about.
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Re: Rd2 temp custody hearing Feb29th and STBX lied under oa

Postby spritom » Thu Feb 02, 2012 9:28 am

yeah...another long post...so much stuff...but the theme is to stay straight on your #1 goal and make a document for the kids to present to court

GA_DevastatedDad wrote:TOO ALL PLEASE ANSWER THESE 4 QUESTIONS BEST YOU CAN..
1.any body got an example of what they think to be a great parenting plan.
2. any pointer on what specific points Judges look for in the plan?
3 What are the top 2-3 things people/dads forget to mention in a parenting plan?
4. What would be the top 2-3 don't s of a parenting plan for dads?


1. Lot's of examples below. But a "great" parenting plan will be highly individual to your sitaution.
Live far away? 50/50 is very hard or not doable
Live semi-close where the kids could commute to school from either house? Then an equal-sharing situation is totally doable.
Some parents are firefighters, military, or other odd schedule careers, so they have different needs too.

But start with where the kids live, and the rest falls into place around it.

2. Judges look for:
* Kids have child support
* Kids have insurance
* A written plan to where the kids stay
* A written plan as to who makes decisions (education & medical) for the children (this item is the "joint custody" part)

Judges don't care for parents.
If something costs you too much...judges don't care. They don't like you.
Kids.
And kids only. That's the theme of the document.

3. Needed details such as:
* who drives (for my situation, I like the parent to have the kids next picks up the kids)
* what time of day a thing begins (the holiday says "Thanksgiving" but is that 7am on Thursday morning? Or 7pm the night before?
* key decisions (education & medical)...have a few details such as neither parent will go do something major (change schools, embark on medical care that is not immediately and medically needed, etc.) by themself unless both parents have expressly given their consent
* Remedies - (this is kind of an advanced topic, but Tom covers it well here. The idea is that a consequence/remedy is built in for some issues (no, you can't have the other side give you a BJ if they're late on kid exchange...but just a thing to consider for your document)

4. Top mistakes
a. Spend energy on "noise" and things that won't affect your case

b. Fall on your sword

c. Starting with somebody else's goals and working backwards (you want to start with your #1 goal and work forward)

---------------

The parenting plan (sometimes called parenting contract) ideas:
* Has schedule for when the children are at which house
* Includes exception schedule (holidays, etc.)
* Might have some specific times of day listed for different things (when is pickup, what time of day the holiday starts, etc.)
* Might have specific requirements for parents, such as notifying the other of medical situations or a "right of first refusal" (ROFR) such as when a parent needs to get a babysitter as they plan to be away for xx hours, but they will first ask the other parent.
* Might have vague (and sometimes unenforceable) items that courts like to see such as "both parents shall work together in an open way to benefit the children."

Other parts of the divorce document:
* Asset division (how the 401k get's split, who gets the toaster, the dog, the lawnmower, the credit card debt, etc.)
* Alimony (sometimes called maintenance or support) is typically a part of asset division
* Declarations (I am Person A, that is Person B, the mother is/isn't currently pregnant, there is/isn't special disability needs, etc.)
* Child support - this will be based upon the state's "guideline" calculation...pretty much off some chart. The chart is based upon several things, but how much time the child spends with each parent is a common theme.

The whole document becomes a part of what you can/can't do for many years and it's only about the document and won't be at the whim of any sheriff deputy, etc.

Also...the more crazy the Ex is..the more detail you want the language (such as who drives for the kid exchange, what time, etc.)

Things court doesn't care about:
* parents
The court hates the parents...so never talk about things "you" want/need...the court doesn't care. It takes some time to change the way to talking (to the court, to the Ex in emails, etc.) to "the child needs."
Example:
Old way: "3 hours is too far and expensive for me to drive" (court hates you, court doesn't care)
New way: "3 hours is too long for the child to be travelling each time"

The court may care if a parent does one of these:
* drug abuse
* harm the children
* felony (even then, not all felonies)
Outside of the above list (a parent sleeping with an entire ship of sailors when the ship is in port, yelling at the kids, etc., etc., and more etc.)....the court doesn't care.

On to the sample parenting plan links:

Lawmoe on DD (Lawmoe's awesome): viewtopic.php?f=9&t=13380

Google Search on DD parenting plans:
http://www.google.com/search?btnG=1&pws ... ivorce.com

Basic Google Search with samples from several states:
http://www.google.com/search?q=model+parenting+plan

Ohio's "sample"
http://www.fultoncountyoh.com/elected_o ... ndix_A.pdf

Arizona's "sample" (skip down to the calendar section for many ideas)
http://azcourts.gov/Portals/31/Parentin ... elines.pdf

-----


GA_DevastatedDad wrote:I just got a call from an officer.

...

I tell him that we just had went to court. and that yada yada yada....hes telling me nawll that aint true because I will never have more than three days < parenting time >.

...

then he tells me next time hes gonna lock me up because he is tired of me.


Sorry you're going through this type of thing. It brings back memories for me and probably quite a few dads on here.

This is one example of "noise" in your life. When "noise" appears, you silently document it, but don't spend energy on it. "Noise" saps your energy, distracts you, and is an excellent tool for the other side...don't let them do that to you.

A law enforcement officer legal opinion has zero affect on family court. Next time:
* have your recorder (if legal in your state) silently recording
* nod and smile (be polite, no physical movements..etc.)
* do not talk to the officer unless you were were the one that called them and you are filing a criminal complaint. If you didn't file the criminal complaint, say nothing beyond your name, birthdate, address, and that you won't be answering any questions at this time.

This type of "noise" gets:
* written down by you afterward
* ignored by you as it doesn't do anything toward your #1 goal.
* vented (to counselor, close friend/family, to us)...but after the venting, it doesn't get action as it's "noise."
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Re: Rd2 temp custody hearing Feb29th and STBX lied under oa

Postby Fatheroffour » Thu Feb 02, 2012 10:48 am

Excellent advice on a PP, spiritom.

Just to add, one requirement specific to Georgia is that a parenting plan that designates the parents having joint legal, must identify which parent has the final decision making authority in each of the 4 areas of medical, education, religion and extracurricular.
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Re: Rd2 temp custody hearing Feb29th and STBX lied under oa

Postby GA_DevastatedDad » Thu Feb 02, 2012 11:12 am

okay just getting here. Sorry if it shows as I am online when I am not.......give me a minute to read and catch up.
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Re: Rd2 temp custody hearing Feb29th and STBX lied under oa

Postby dadmisseskids » Thu Feb 02, 2012 11:18 am

GA_DevastatedDad wrote:kay just getting here.
Glad you were able to make it. We were starting to get worried.
"Success depends on your backbone, not your wishbone"

Mommy has Borderline Personality Disorder? She's very difficult to deal with? Buy this:

http://www.amazon.com/gp/product/B0056JX46W
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Re: Rd2 temp custody hearing Feb29th and STBX lied under oa

Postby GA_DevastatedDad » Thu Feb 02, 2012 11:30 am

dadmisseskids wrote:As far as his post is concerned.....
GA_DevastatedDad wrote:I just got a call from an officer. STBX claims she is supposed to get the child back today.
She claimed she was supposed to get your kid back or she is supposed to get your kid back. If it's the former, why did you go?I went because I still dont have the new orders yet I have tried to contact her lawyer everyday this week and I have been to the clerks no one has the order from the lawyer. he told me it was on the Judges desk. But thats not true. but when I got the call from the sheriff he said she had the order saying she was supposed to get them wednesday. I knew it was probably a lie but why not side with caution and show up right? I showed asked to see the order there were no orders period. as in at all you get it no paperwork. she got the kid then he started in and yes I reacted but I did react in a civil manner. Listen If it's the latter, you were wrong in not turning over your kid to your STBX.
GA_DevastatedDad wrote:I told him I am tired of him
Good job taking the passive route. That should work well for you.
GA_DevastatedDad wrote: personally I don't think he was even on the clock.He told me next time he will lock me up when ever he is called
Seriously? Do you really think a police officer is going to waste his time and come to see you when he's not getting paid for it? If he wasn't on the clock, how did he get the call to come out there? I do indeed believe the officer worked for her in the past. I did record the inccident. I will make a copy and send it to internal affairs after he has made a statement on record. I did report it to internal affairs this morning with a written statement.
GA_DevastatedDad wrote: he tells me next time hes gonna lock me up because he is tired of me.
I can definitely see where he is coming from and I have never even met you.really? because your making judgement before asking and geting the answer

You're like a magnet for trouble, if everything you say is true.

maybe
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Re: Rd2 temp custody hearing Feb29th and STBX lied under oa

Postby GA_DevastatedDad » Thu Feb 02, 2012 11:51 am

[quote="Fatheroffour"]This is a two way street. If you want help you need to answer the questions that have been asked.
Last time.
Any word on when your hearing is scheduled?NO words I am going to submit a petition for for a hearing to clarify the judges order. I also want to inform him of my stbx contacting my witness, I will inform him that she removed me from the health insurance policy, my goal is to be able to present what's going on to the judge since his orders, the condust of stbx and the L. and L still hasn't sent me a copy of the order
What is your current parenting schedule?are you asking for my proposed schedule as in how I spend the day with my son and what a typical day looks like? Or ar you talking about what days I get to spend with him. because right now I need the orders from L to say what the days are
Are you requesting from the court to be making big change to the parenting schedule?
Who lives in the school district? One or both of you?we stay 12000ft away from each other
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Re: Rd2 temp custody hearing Feb29th and STBX lied under oa

Postby Fatheroffour » Thu Feb 02, 2012 12:03 pm

By current parenting schedule I mean what the kid has been used to the past few months. Monday Tuesday with you, Wednesday Thursday with mom, one week with you then one week with mom. That kind of thing.
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Re: Rd2 temp custody hearing Feb29th and STBX lied under oa

Postby GA_DevastatedDad » Thu Feb 02, 2012 12:21 pm

spritom wrote:yeah...another long post...so much stuff...but the theme is to stay straight on your #1 goal and make a document for the kids to present to court

GA_DevastatedDad wrote:TOO ALL PLEASE ANSWER THESE 4 QUESTIONS BEST YOU CAN..
1.any body got an example of what they think to be a great parenting plan.
2. any pointer on what specific points Judges look for in the plan?
3 What are the top 2-3 things people/dads forget to mention in a parenting plan?
4. What would be the top 2-3 don't s of a parenting plan for dads?


1. Lot's of examples below. But a "great" parenting plan will be highly individual to your sitaution.
Live semi-close where the kids could commute to school from either house? Then an equal-sharing situation is totally doable.WE live very 12000ft away from each other really its less than that
Some parents are firefighters, military, or other odd schedule careers, so they have different needs too.her schedule is very demading 50-60 hr a week inwritten in the requirements for any manager to accept the position she has.
Full Disclouser ...I was fired from the job that I had siting violation of company policy. STBX continued to call coporation office stating that The Aurthorites were searching for me for A Family violence warrant. no it wanst true but the inccident on NOV 1st made it appear this way. My manager stated that he would testify that termination came from the corperate offie and nothing here local if he needed too
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Re: Rd2 temp custody hearing Feb29th and STBX lied under oa

Postby GA_DevastatedDad » Thu Feb 02, 2012 12:31 pm

Fatheroffour wrote:By current parenting schedule I mean what the kid has been used to the past few months. Monday Tuesday with you, Wednesday Thursday with mom, one week with you then one week with mom. That kind of thing.

okay, I owned my own business before this all started I was always with him. I will be reopening it this week or next week by renewing my licenses yeah I know I am opening a can of worms here as for as marital property. I can handle it. anyway to the point he has been with me through the week and with her on days that she is off or more usually. Friday Sat Sun sometimes monday. I had never put a limit on when she could see him or what ever but usually he stayed with me through the week because of consistant schooling and homework help and socializing with other boys his age (no not me DMK) There are no kids in the neighborhood there. and I am able to meet the teacher whenever she needs and I have him particapating in various things with other kids
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