Temp Hearing

Parental Alienation Syndrome, Malicious Mother Syndrome, dealing with the ex, and various other non-legal concerns throughout the process.

Temp Hearing

Postby SoontobeFree » Thu Aug 16, 2012 3:44 pm

Well did the temp hearing today. I wanted 50/50 and NJ wanted 60/40. They agreed to temporarily do 50/50 week on week off for now. We have a tentative final trial date week of september 24th.

My attorney advised afterward we are going to revise time share plan request to 60/40 as well.

Agreed both parents to not consume any alcohol for temp custody while care of children.

My attorney got temp alimony delayed due to not getting financial affidavit on time.

I just didn't like that the judge asked NJ a lot of questions about the custody arrangements rather than both of us equally. I am in FL

What are your thoughts as to why asked her a lot of questions? It is because she was wanting 60/40?
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Re: Temp Hearing

Postby hoosier_dad » Thu Aug 16, 2012 5:41 pm

SoontobeFree wrote:What are your thoughts as to why asked her a lot of questions? It is because she was wanting 60/40?


We're hearing a lot on here that FL is pretty 50/50 friendly. With a judge that has 50/50 as a starting point they would spend more time questioning the spouse that wanted more than 50/50 to see if they had a legitimate reason to decrease your parenting time. Obviously the judge didn't agree with her.
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Re: Temp Hearing

Postby Fatheroffour » Thu Aug 16, 2012 5:47 pm

Temporary hearing today and a trial date next month?

I guess that's some of the down and dirty quick justice Florida is becoming known for.

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I suggest you have your attorney drag out discovery for a year or more to cement the 50/50 as status quo.

Delay the temp alimony/support hearing as well.

You're sitting good so stall. Wait and hope she makes mistakes and capitalize on them when she does.
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Re: Temp Hearing

Postby BubbaGumpShrimp » Thu Aug 16, 2012 6:40 pm

I'm curious...if the judge made it clear that he questions 60/40...why would you turn around and ask for that? Do you believe that: 1. You deserve more time with the kids than your stbx, AND 2. You'll be able to prove that in court?
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Re: Temp Hearing

Postby Trevor » Thu Aug 16, 2012 10:47 pm

hoosier_dad wrote:We're hearing a lot on here that FL is pretty 50/50 friendly. With a judge that has 50/50 as a starting point...

I always push back on this idea. While the FL statute verbiage is gender neutral, there is no presumptive 50/50. Being in the deep south, progress toward parental gender equity is slow. Picture judges kicking and screaming. There may be localized pockets of judges who realize this is the 21st century, but they still seem to be the exception.
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Re: Temp Hearing

Postby hoosier_dad » Fri Aug 17, 2012 7:04 am

Trevor wrote:While the FL statute verbiage is gender neutral, there is no presumptive 50/50.


True, but it is normally listed in the group of states with a "preference" towards 50/50 joint custody. Definitely not on the same level as states with a presumption of 50/50 custody, but definitely more progressive towards 50/50 than my own state.
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Re: Temp Hearing

Postby Trevor » Fri Aug 17, 2012 7:27 am

hoosier_dad wrote:...definitely more progressive towards 50/50 than my own state.

I haven't the experience in Hoosville to assess this point so I remain a skeptic. There is a strong cognitive dissonance for me whenever the words "Florida" and "progressive" are within a paragraph of each other.
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Re: Temp Hearing

Postby SoontobeFree » Fri Aug 17, 2012 8:28 am

BubbaGumpShrimp wrote:I'm curious...if the judge made it clear that he questions 60/40...why would you turn around and ask for that? Do you believe that: 1. You deserve more time with the kids than your stbx, AND 2. You'll be able to prove that in court?



That is a valid point and I will question my attorney during next conversation with her
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