I don't understand what I can do to get more time.

Advice on divorce for men considering or starting the divorce process. Get marriage separation advice for men in this divorce forum and child custody forum.

Re: I don't understand what I can do to get more time.

Postby defaultuser » Mon Apr 16, 2012 9:53 pm

jj22441 wrote:
defaultuser wrote:Just curious, but in your custody hearing, what evidence did you present?



Presented my role prior to the separation as an equal care-giver.

Showed my ex's tendency to run off with our daughter

Showed how my ex has interfered with my parenting time. E.G. telling the school i cant pick up our daughter from school.

Showed how despite her efforts I have still been involved.

Showed the flexibility of my schedule

Had witnesses testify to my parenting abilities.

Showed/Stated how my daughter looks forward to time with me.

Showed how the grandmother has interfered

Showed how I stayed involved with doctors and extracurricular activities.

I believe we tried to focus on why i am a good dad and only addressed my ex in rebuttal to accusations.

We tried to show that we are reasonable and willing to work with Ex.

So, besides your testimony, did you present documentary evidence?

For example, did you submit a document to the court that showed your schedule was flexible, or did you simply testify to it?, or How did you show how you stayed involved with Doctors?
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Re: I don't understand what I can do to get more time.

Postby jj22441 » Mon Apr 16, 2012 10:06 pm

So, besides your testimony, did you present documentary evidence?

For example, did you submit a document to the court that showed your schedule was flexible, or did you simply testify to it?, or How did you show how you stayed involved with Doctors?


Only my Calendar. That I used for record keeping. I think in hindsight something showing how much time off I have in documented form would have been better then my calendar as the judge seemed confused, about it. and called my schedule goofy. when it's really isnt.

Doctors: I testified to a story of her interfering when my daughter was sick. Not keeping me informed allowing the grandmother to take my daughter into the doctors, even though I was off. And how I communicated with the doctor on my own the next day, and then subsequently made him my new PCP.
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Re: I don't understand what I can do to get more time.

Postby defaultuser » Mon Apr 16, 2012 10:23 pm

I wish I could make everyone read this post. You're a good dad. You told the court you were a good dad, but the only evidence you gave the court was your testimony and your calendar.

If you submitted your receipts where you payed the co-pay at the doctors office, evidence you were there, or the sign-in log at the school providing evidence that you eat lunch with your kid, I think you would have had a much better chance of a good outcome.

Looking at what the judge is supposed to do in deciding the case, they do basically three things:

1. Listen to testimony and consider the demeanor and apparent truthfulness of the person testifying. (notice this is very subjective)

2. Consider documentary evidence.

3. Make a decision following the law based on the evidence and testimony presented.

In my opinion, most (not all) judge do these things. They may be totally biased, or somewhat biased, but they must consider documentary evidence. If you testify that you always go to the doctor with your child, they can ignore it. If you present a tiny receipt providing evidence you were there, they can't.

I think that this is the most important lesson that someone can learn when going to court.
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Re: I don't understand what I can do to get more time.

Postby jj22441 » Mon Apr 16, 2012 10:29 pm

defaultuser wrote:I wish I could make everyone read this post. You're a good dad. You told the court you were a good dad, but the only evidence you gave the court was your testimony and your calendar.

If you submitted your receipts where you payed the co-pay at the doctors office, evidence you were there, or the sign-in log at the school providing evidence that you eat lunch with your kid, I think you would have had a much better chance of a good outcome.

Looking at what the judge is supposed to do in deciding the case, they do basically three things:

1. Listen to testimony and consider the demeanor and apparent truthfulness of the person testifying. (notice this is very subjective)

2. Consider documentary evidence.

3. Make a decision following the law based on the evidence and testimony presented.

In my opinion, most (not all) judge do these things. They may be totally biased, or somewhat biased, but they must consider documentary evidence. If you testify that you always go to the doctor with your child, they can ignore it. If you present a tiny receipt providing evidence you were there, they can't.

I think that this is the most important lesson that someone can learn when going to court.


It's not over yet. From what I have been told the custody hearing was just a very long term temporary order pending the divorce. So I will have another day in court in the next year. Thank you. I will have more documentation come divorce trial. Sounds like documentation is the key.
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Re: I don't understand what I can do to get more time.

Postby defaultuser » Mon Apr 16, 2012 10:32 pm

Keep in mind, the more evidence the better. Some is more important than others.

Expert testimony, testimony of uninterested 3rd parties, like teachers, documentary evidence.
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Re: I don't understand what I can do to get more time.

Postby jj22441 » Mon Apr 16, 2012 10:37 pm

defaultuser wrote:Keep in mind, the more evidence the better. Some is more important than others.

Expert testimony, testimony of uninterested 3rd parties, like teachers, documentary evidence.


Expert testimony? Where would i even begin to find someone like that. Teacher is biased as mom works at school. Going to bed. Thanks
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Re: I don't understand what I can do to get more time.

Postby Fatheroffour » Tue Apr 17, 2012 4:29 am

You should spend some more time reading the forums to get a better understanding of the difficulties of having multiple children with multiple women. Presently, you have no idea.

That you are planning on getting married while also planning on fighting for custody on the case you just lost really demonstrates that you are taking neither seriously.

Honestly, that dad moved out and left his child in the care of the mother for a year, when he was a equal caregiver, because divorce was a bigger concern that being there for the child is pretty much the death of a custody bid unless mom really screws up on down the road. Status quo is set. Now dad must show change of circumstance and why the proposed schedule is in the best interest of the child. Not an easy task.

Fight for more time, as you should, but know that now is a bit too late to be complaining about the moms lack of family values. That horse already left the barn.
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Re: I don't understand what I can do to get more time.

Postby dobradavid » Tue Apr 17, 2012 5:10 am

jj22441 wrote:I am planning on getting married again and having more children. I already have the girl picked out and we plan on getting married as soon as this divorce is over, and start another family. She has a two year old son (50/50 on her EX). I believe my daughter should spend as much time as possible in a "natural" family setting as this will help her break the cycle of leaving men and taking children that her mother and grandmother plan on indoctrinating her into.


You have no idea what you are getting into. Aside from jumping into a relationship, your idea to shove your child's mother aside is not doing you, your child or the mother any favors.
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Re: I don't understand what I can do to get more time.

Postby BartSimpson » Tue Apr 17, 2012 9:52 am

I wonder?

You use the royal "we" when you discuss your courtroom experience - was this "we" describing you and your attorney? If so, and he/she allowed you to procede with such poor documentation, then you need a new attorney.

If this royal "we" working the courtroom was you and your little Cupcake . . . well, I'm wondering?
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