I need to know at what age does the court will consider the opinion or the testimony of a child to pick/choose which parent the child wants to live with.

And what do I need to do to change judges.

I have a four (4)yr old daughter who does not want to live with the mother. Our daughter cries everytime the mother picks her. She refuses to go with her. The child has told her mother on several occasions she does not want to live with her. And every time I talk to our daughter on the phone, the first thing she wants to know is when can I pick her up!!

I have a solid case againts the mother, but the judge refused to see any of the evidence!!!!
My Final Hearing lasted only 15-20 minutes!!!!

I filed for a re-hearing motion.... the samejudge deniedthe motion.
There wasno court reporter present, therefore I was told My Appeal would just fall on deaf ears.

The mother of our child has violated the court order on several occasions, where I took her back to court, and she did not even get a slap in the hand on two (2) separate hearings.

I have the right via court order to speak with our child every day. It's been a week now since I know the wereabouts of our daughter. The mother refuses to return any of the phone calls.

HELP!!!!

jalcala

That's what kills me... I document everything.
Including detail minutes of how long I talk to our daughter.

Problem begins when the Judge refuses to see the evidence??!!!

ScottGem

Your writing down things is not going to impress the judge that much. You need to back it up with police reports, psychologist reports, teacher reports, etc.

jalcala

You are right...that's why I have at least 20 police report incidents...the Judge refused to see even one (1) of them.

JudyKayTee

I think my question was just answered - this has gone on too long and the Court is sick of it. Time to bring in an experienced Attorney, perhaps an investigator. As Scott said, stop reacting and take the offensive.

jalcala

Yes, you are right, it's time to get another Attorney. I think the judge is taking to easy on her since she is represented by a lawyer and I am Pro se.

califdadof3

I keep talking about this and see it repreated here. This may give some of you insight into a parental evaluation and what its suppose to be.

A Guide To The Parenting Evaluation Process

Hope that helps.

jalcala

Yes it does. As matter of fact I have that site saved under my favorites in my computer.
I guess I need to ask the lawyer if it's too late for the evaluation since the trial already passed.

califdadof3

If you hire a lawyer for a contempt charge and it sticks you can ask for her to pay lawyers fees etc for that action. You will still owe your lawyer but should you win it might help to stop her pattern of abusing the court orders. Another thing you might look into is P.A.S. parental alienation syndrom. But in your case it sounds more like your daughter is mostly having an adjustment issue since mommie and daddy are apart and mommie has a new daddy. Situations like this are very common and you need to be aware and sensetive to them without just casting blame. Be careful and good luck.

twinkiedooter

Just a thought - have you looked into a Guardian Ad Litem sitaution for your daughter since the ex has been denying you contact? The Guardian Ad Litems are not free BUT they can do an indepth report on both households and the findings are taken seriously by the Court. When you hire another attorney ask them about the Guardian Ad Litem being appointed in your case. Sounds like the judge is tired of this case and some fresh input is definitely needed here.

jalcala

Good point...when we separated our daughter was only two(2) now she is four (4).
So she knows she has two different homes. But you are right, if for at least once the Judge rules on the side of the law I might have a chance of stopping this behavior.