As a non-custodial parent shown in a joint custody order, there is a clause giving me the right to exercise visitation with my daughter subject to conditions: a) Notification of illness or accident; b) nothing to estrange child; c) right to visit confined child. Outside of those conditions, I have overnight visitation (friday 9pm to sunday 9pm). Last week, M's mom took "M" to the pediatrician, concerned about M's illness. Two days later, M's mom took "M" to the emergency room. In each instance, M's mom informed me; however, when I asked about the emergency room visit (in the late evening), she wouldn't tell me the location of the emergency room. After each visit, she didn't inform me of the outcome of the visits. Two days after the emergency room visit, the pharmacist called me to come pick up the prescription for "M," and I had no idea what I was picking up -- M's mom forgot about the prescription! Well, M's mom would not allow me to see M outside of the bi-weekly visitation schedule. M's grandmother refused to let me see my daughter when I exercised my right to see M (I was holding the prescription) on 8/14/10. I'm upset with M's grandmother for interfering with my visitation rights. I'm also upset with M's mom because she refused to inform me of M's whereabouts and arrangements for M's care while M's mom had planned not to have custody of M for the entire weekend (8/13-8/15). When I had M for visitation on the weekend of 8/6-8/08, M's mom wanted to switch the visitation schedule because she had something "important to do" on the weekend of 8/13. I did not agree with changing the visitation schedule, but told her that I'd be happy to take M for the weekend.M's mom then refused the offer, and when I asked her about the plan for M's care and who would be taking care of M, she didn't know. When she had called me to inform of M's illness, I brought up the subject of M's weekend care for the upcoming weekend, and M's mom refused to discuss the matter, essentially telling me each time that it's not my business. Of course, it's my business, and I want to tell the judge about the lack of cooperation by M's mom. What's the best way for me to lay out my case? I have an upcoming contempt of court hearing scheduled due to a July 4th visitation that I showed up for according to the schedule, but M's mom had previously refused to arrange; subsequently, "M" was a no-show. There have been prior instances throughout the past two years in which M's mom failed to inform me of M's medical visits (I'd receive insurance provider care statements for M (after the fact) in the mail because I pay for M's health insurance). Does M's mom have a right to treat me as though I have no role in M's health and welfare? M's mom is a non-US citizen. She left the marriage ten weeks after she received her legal permanent resident card ("green card"), and M was only six weeks old at the time. M's mom raised Domestic Violence issues and was supported by CPS, BOAT PEOPLE SOS, and domestic relations staff at the courthouse. After she had filed a protective order against me (along with child support, custody and restricted visitation petitions) I ended up appealing the initial orders to the circuit court, which subsequently lifted/denied the protective order and the lower court awarded me joint legal custody.In the big picture, M's mom has committed crimes against the people, marital and legal institutions to pursue wrongful causes. She should be held accountable for wrongful withholding of M and changing addresses a few times without leaving a forwarding address (under immigration rules, she is required to inform USCIS of each address change, which I doubt that she has done). Going back to her behavior after she obtained her green card, she totally misled the courts and investigators relying on false domestic violence arguments, which didn't stand in the circuit court. I have emails that focus on our wedding ceremony vows that I sent back and forth to her while she was still outside the United States; I was trying to make sure she understood the meaning of each word as the basis to go forward with a marriage ceremony in June 2004. I've been told the Commonwealth of Virginia courts will not hear my case for annulment of marriage. After speaking with an immigration law specialist, I was informed that I need a criminal attorney who can handle the motions involved with these circumstances. I am a US citizen, a veteran, a federal employee, a former volunteer child advocate (12 years ago), and a good dad.Unfortunately, I don't have family in the area, but I have fared well on managing various family crises over the past two years. My daughter in now 2.6 years old, and I believe she is ready to spend more time (if not full time) with me. Can you kindly, please help me? I'm on a shoe-string budget now even though I earn $92K annually. I have a lot more details to share involving the criminal activity of M's mom. Thanks...
State/Country relating to question: Virginia
I have retained a limited consultative service of an expert witness whose credentials include being a former USCIS senior deportation officer, multiple appearances before the federal courts as a US government witness in cases involving illegal immigration, police officer, US Coast Guard, etc..
YOUR QUESTIONS: 1. What's the best way for me to lay out my case). 2. Does M's mom have a right to treat me as though I have no role in M's health and welfare?ANSWERS: 1. File a motion with the court seeking to modify the terms and provisions of the existing joint custody order so as to make the order very exacting and specific with regard to resolving the problems you have incurred and preventing them from happening again.Here’s a sample of a Virginia MOTION TO AMEND OR REVIEW ORDER.Another version, with instructions, CLICK HERE.Complete list of Virginia court form, CLICK HERE. 2. As to M's mom right to treat you as though you have no role in M's health and welfare, the answer is YES, she can do this, at least until and unless a judge specifically “lays down the law” and tells her otherwise. (And that is why you need to file a modification motion with the court, as suggested above.)=========================== If your question has been satisfactorily answered, please acknowledge by clicking the green “ACCEPT” button in the upper right hand corner of your screen. That’s the only way I get paid for answering your question. Also, your positive FEEDBACK comments are important, so be sure to add a few words as requested. And I thank you in advance. http://ldgorin.justia.net/index.html
30+ years legal experence, both prosecution and defense.
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