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-   -   Advice before court? (https://www.askmehelpdesk.com/showthread.php?t=34844)

  • Sep 22, 2006, 07:05 AM
    dunno
    Advice before court?
    This is kind of an update on a thread I started before. I had written about my fiance's ex not giving him his visitation and that my fiance' hasn't seen or spoken to his daughter since April. My fiance' calls weekly to try to talk to his daughter, but his ex never answers. Well for some reason, she actually answered last night when he called. She yelled at him and told him "he couldn't speak with his daughter. SHe said she knows he hasn't tried to contact his daughter since April and how dare he start now." All of this is a lie. We have phone records saying he called 18 times since the middle of may. And that's only one phone record. He has called on other phones as well. His ex told him "You were a sperm donor and that's all you'll ever be." This crazy person really thinks he hasn't tried to call since April and hasn't tried to set up visitation. He has done both repeatedly and has talked to her the handful of times she actually answered his phone calls. She even acknowledged one of his phone calls this summer in an email. SO I don't know if this lady has a split personality or what's going on in her head. It's like she made up her own little world. So anyway, we're getting a court date set. I need any advice on what to do and not to do. WHat to say in court and whatnot. We have copies of all the phone records and all her emails she sent to my fiance'. Is there anything I might be overlooking? We need to get his daughter out of this messed up situation!
  • Sep 22, 2006, 07:13 AM
    ScottGem
    Sounds like you have all your ducks in a row. Did you contact an attorney? If so, you should be following their advice on prep.
  • Sep 22, 2006, 07:55 AM
    dunno
    Yes we have an attorney. We already have a judge that this has been brought in front of before and he travels. So we have to wait on a time he can make it to our town to hear the case. I was just wondering if there's anything that helped others in custody cases that we maybe didn't think of to bring up. Can we take pictures of the outside of her house? It's a dump and I would like to show the courts what kind of place she is living in. It wouldn't be illegal to use pictures that were taken without her consent would it?
  • Sep 22, 2006, 08:11 AM
    ScottGem
    Not of the outside of the house. But it may be a problem to use pictures of the inside unless the daughter takes them since she is a resident.

    Yes ANYTHING that shows the mother may be unfit will help your case. BUT, showing poor living conditions could backfire. It could just indicate the father isn't paying enough in support.
  • Sep 22, 2006, 08:42 AM
    dunno
    Quote:

    Originally Posted by ScottGem
    BUT, showing poor living conditions could backfire. It could just indicate the father isn't paying enough in support.

    Guess I didn't think of that! He is paying plenty of child support (more than he should have to) but that's a good point! Guess I won't be bringing those to court then... :(
  • Sep 22, 2006, 08:49 AM
    SINGLE4
    I think you should take pictures of the outside of the house to show the living area in where this child stays! I wouldn't worry about it backfiring on you as far as your boyfriend paying childsupport because the child support is determined by the court and not the "parties".

    **Like I said... the court determined the child support... the parties had no say!!
  • Sep 22, 2006, 09:04 AM
    dunno
    Quote:

    Originally Posted by SINGLE4
    **Like I said... the court determined the child support... the parties had no say!!!

    Yeah that's true as well... I'll take the pictures and show them to our attorney and see what he says about it.
  • Sep 24, 2006, 11:25 AM
    s_cianci
    Take all copies of the phone records and e-mails and any thing else that documents attempts on his part to contact his daughter and the mother not allowing him to. Then simply tell your version of the story. The thing to do is to get a visitation order firmly established. Once it happens, stick to your end like glue. If she doesn't do the same then be prepared to take her back to court. It has to wind down to where either she allow visitation as per the order or she goes to jail for contempt of court, the same that would happen to a father who refuse to pay child support.
  • Sep 25, 2006, 07:22 AM
    dunno
    Yeah, it makes me so mad that they will send people to jail in a heartbeat for not paying child support but the other parent can get away with not allowing one parent to see their children. With the next court order, we're going to have to add a lot more to fill in the holes so she can't get away with this. I'm hoping we can add something saying what will happen if she doesn't follow the court order. This would be the only way she would ever comply. SHe already has said she doesn't have to follow any court order but I don't think she counted on us taking her to court... I hope we can get this going soon!

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