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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 35637
Experience:  I provide family and divorce law advice to my clients in my firm.
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I have court ordered visitation established in may 2009. I

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I have court ordered visitation established in may 2009. I have 50% legal and physical custody. Visitation is with me every other weekend from 7pm friday until 7pm sunday. His mother has not dropped our son off on time even once and is progressively getting later. She consistently asks me to drop off our son early the sundays that he goes back to her. We also came to an agreement in court that our son will live with his mother in a new town for 6 months as a trial run to see if he likes it there. This agreement is because our son made himself very clear that he did not want to move there. The mediator recommended that our son stay with me but I agreed to let him give the new town a shot after his mothers explanation that her new life would give her an abundance of free time for our son and she agreed to let him move back if he did not like the new town. Whole thing was a lie. We will end up in court and I want to be prepared. He still wants to live with me, but she won’t let him.
Submitted: 4 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 4 years ago.
How old is your son? Are you planning on filing against your wife or are you waiting for her to file against you?
Customer: replied 4 years ago.
Our son is 12yrs old. The filing was done back in may and the case remains open until feb 1 2010. She originally filed against me but I disputed in court.
Expert:  Dimitry K., Esq. replied 4 years ago.
What you must argue in court is that for a variety of reasons, custody should be modified in your directions

1. Court Order. Courts tend to favor spouses that follow court orders and provide the other custodial party proper access to the child. In your case, you can legitimately show that the other party intentionally has been shortening the lawful time you are entitled to have with your son, and have been doing so in violation of the court decree. Promise that if you get custody, you will provide proper access to the child as required and requested, and you will not be intentionally cutting into the time that your ex should be spending with your son. Otherwise you may want to consider filing against her for contempt of court

2. Best interest of the child. Although not controlling, you can argue that it would be in the best interest of your son to stay with you if he is unhappy and unable to get comfortable in his new surroundings. This is not your strongest argument, as the courts tend to look past desires, but if you can combine with intentional disregard of the court order, you should be able to prevail.

Sincerely,

Dimitry Alexander Kaplun, Esq.
Customer: replied 4 years ago.
What about the fact that she lied in court to have this end up in her favor? Could this have any effect on her original petition?
Expert:  Dimitry K., Esq. replied 4 years ago.
I must have missed it. What exactly was the lie?
Customer: replied 4 years ago.

She and her new husband were moving to Chester,CA to open an auto repair business.

My concern was that our son would be in an unfamilliar environment alone and his mother assured me that he would not be left alone. As a business owner she would have this increadibly flexible schedule and an abunbance of free time to devote to our son. What she neglected to mention was that she already had a job lined up working in a medical office and that our son would be spending the majority of his time in Chester alone. She knew that what she was stating in court was not true and I believe that she purposely neglected to mention this job to me so that I would agree to let our son move with her.

Expert:  Dimitry K., Esq. replied 4 years ago.
That would be hard to show that it was intentional (even if it was). What you can do instead is point out that with her job and her business, she is simply not able to take care of the child and is forced to neglect him. Neglect is a serious concern and the courts tend to favor parents who spend time with their children; this may be something that you can utilize to paint your ex as someone who is always late, neglects her child, and either unintentional or because of neglect does not follow court orders.

Good luck.

Sincerely,

Dimitry Alexander Kaplun, Esq.


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Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 35637
Experience: I provide family and divorce law advice to my clients in my firm.
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