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Law Pro
Law Pro, Lawyer
Category: Family Law
Satisfied Customers: 23597
Experience:  20 years practicing family law from divorce, custody, support, alimony to equitable distribution
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I have custody of my two children and live in Wyoming and we

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I have custody of my two children and live in Wyoming and we have a parenting plan in place. My ex has filed a amended parenting plan that she did herself. The old parenting plan she has not followed it at this time. She is to see the children with supervised visits till the court feels that she has changed. She has not done this. She is supposed to pay for her travels to see the children. She has only seen the children one time in almost four years. She is trying to get full custody. What should I do and how do I handle this issue.
Submitted: 5 years ago.
Category: Family Law
Expert:  Law Pro replied 5 years ago.

Let me be sure of my facts - she has only seen the children once (one time) in almost fourt years - correct?

 

If that is correct - what is her basis for getting full custody?

Customer: replied 5 years ago.
That is correct. Her basis is that I will not bring the children to her for Easter of this year. The court papers states that she needs to have supervised visits and she needs to come to them and she must pay for this.
Expert:  Law Pro replied 5 years ago.
Is she nuts or what? Is she being represented by an attorney or doing this pro se?
Customer: replied 5 years ago.
She is doing this pro se.
Expert:  Law Pro replied 5 years ago.

That's what I thought but I wanted to be sure.

 

OK, has a hearing been scheduled yet?

Customer: replied 5 years ago.
I do not think so. I just received the papers today for the motion.
Expert:  Law Pro replied 5 years ago.

Then she is attempting to get a hearing and will present the motion to get a hearing - correct?

 

When does she say she will be presenting the motion?

Customer: replied 5 years ago.
That is correct.
Expert:  Law Pro replied 5 years ago.
When does she state within the motion that she will be presenting her motion?
Customer: replied 5 years ago.
I do not know. I do not have the papers in front of me at this time.
Expert:  Law Pro replied 5 years ago.

OK, regardless.

 

I take it that your going to represent yourself at this hearing about her motion.

 

The judge - unless you have recently been convicted of child molestation charges or gross child neglect or endangerment - is basically going to laugh her out of the courtroom. (although he won't laugh - this is ludicrous on her part - she has to be somewhat nuts to even think about this - you have to wonder what she's been smoking or to whom she's been talking)

 

Clearly you have alot of arguments - the biggest is that her parental rights should have already been terminated becuase of her abandonment of them. Only 1 visit in 4 years is abandonment.

 

The next thing is that your the status quo - that the children have been in your primary and exclusive custody for ______. That the children are thriving and happy. That the children don't even know their biological mother. That it would certainly be in the best interests of the children to continue their routine by your being their continued primary custodian.

 


Thereafter, I would state the court - that this is just bewildering. That none of you know anything about her any more - where she lives, works (if she does work), - nothing about her. That she hasn't even attempted her right to visitation.

 

I'm just not sure what more I can tell you here - unless something recently has come up against you - that your charged criminally with something with children involved - then there is no way a court would even give her anything beyond supervised visitation.

 

 

Customer: replied 5 years ago.
Thank you for your help. Do you know any good lawyers in Montana? I do not want to do the court thing on my own.
Expert:  Law Pro replied 5 years ago.

No, not personally. You could contact the local Bar Association and they could give you a name.

 

I wouldn't worry aobut this whatsoever - it's absolutely ludicrous at best. I can understand though that you want to be sure and have legal representation there at that time. That is the cautious thing to do certainly - but I don't think you need it at all.

Law Pro, Lawyer
Category: Family Law
Satisfied Customers: 23597
Experience: 20 years practicing family law from divorce, custody, support, alimony to equitable distribution
Law Pro and 5 other Family Law Specialists are ready to help you

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