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Joseph
Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7279
Experience:  I have over a decade of experience as a Family Law litigator
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The court ordered the step father out of all the exchanges,

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The court ordered the step father out of all the exchanges, to me that means school as well. The step father overly involved himself in the school and even started a chess class there where my daughter attends, and she is now for 2 years forbidden to play chess with me. We started chess for the fun when she was 2. she is now 8.

The principal refuses to address this issue and he is many times around when I pickup my daughter. My daughter said a year ago, that he will never leave us alone. She has made 2 plans to kill them, that is so bad.

The principal had her own kids taken away from her, and she claims PAS, just like the step father, so they something in common. Step father even told me this a few weeks ago, and added 'its all up to me'. He wanted to adopt her, before that we were friends.

she doesnt want to live there, mother refused mediation, partial custody evaluation and the child psychologist wants full custody evaluation. I want a psychiatric evaluation on the step father. He sends me emails with 'the price of disobedience will be high'. His behavior and writings are typical sociopathic. My ex writes me an email for instance from her phone, but its set to reply to her home computer and I get long nasty emails from the step father. I have not been able to work. Restraining order was denied, civil judge said it was all family stuff.

I was told to never to contempt of court actions because judges dont like that. What would you suggest?

Rene
Submitted: 3 years ago.
Category: Family Law
Expert:  Joseph replied 3 years ago.

Hello and thanks for choosing Just Answer®. I am a licensed family law attorney, and I will be glad to try and assist you.

 

To provide you with accurate information, could you please clarify these points so I can best address your inquiry:

 

  1. Just to ensure that I understand the situation; you and the mother divorced, the mother has remarried and the new husband is creating problems for you. Is this all correct?\
  2. When was the divorce finalized?
  3. What is it that you want to accomplish?

 

 

 

Once I hear back from you, I will be glad to let you know my answer. There may be some delay as I am assisting other customers or am away from my computer. Please rest assured, however, that I will get back to you as soon as possible.

Customer: replied 3 years ago.
1. we divorced in 2003, conceived daughter during seperation. Step father was a friend until a few years ago, I started hearing different things from my daughter, strange things. Then he requested adoption, threatened me, and wrote a letter of intend to do anything possible to run me down and he did.

3. I want more custody because the mediator had given me almost 50% and then misrepresented that to the court by printing out a wrong parenting plan. I had a lawyer at the time, but he didnt catch it either, judge rubber stamped it because mom and I came to that agreement. I want my daughter away from this idiot, she sleeps real hard and cannot be woken. She said that he wakes her up in the middle of the night and the bed is shaking. Amongst many other things. They are tellling her lies as that I havent taken care of her when she was a baby, that I left a family before and I will leave her.

Also, my doctor wants to declare that I cant work, because of psychological problems brought on by stress due to the custody issues. Does that cost you custody?

I cant stand the lies anylonger and that nobody seems to believe me. I have plenty of recordings, but cps will not listen to them. cps has thrown away evidence I had, and twisted the words of the child psychologist, who is mad about that.

Thank you,

Rene
Expert:  Joseph replied 3 years ago.

I read through some of the old posts and it seems like you have been very proactive in trying whatever you can. Let me see if I can offer a few suggestions....

 

As to contempt, I would not agree with the assessment of "judges dont like that". While I certainly agree that contempt motions, or any motions for that matter, should be brought only when necessary and appropriate. However, that certainly does not mean that you should never file motions, only that you should do so intelligently. BotXXXXX XXXXXne, if you can prove these allegations, you should absolutely file a motion.

 

As attorneys, our job is to zealously represent the client. However, the judge's job is to protect the best interests of the child. I'm sure this is your concern as well, the best interests of your child. I know this sounds obvious, but don't lose sight of that, whatever decisions you make, be sure to base them on the best interests of your child.

 

As to the custody situation, I would suggest that you need to explore the issue of correcting the mediated agreement first. From what you have described in the past, you have the potential of correcting the problem. If that fails, then you would likely need to file a petition to modify the current arrangement. As you may know, this type of change can be difficult. With this in mind, the mediation issue should be pursued first.

 

I hope you found my answer helpful. If so, please click on the green ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click ACCEPT. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated! Thank you and good luck!

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7279
Experience: I have over a decade of experience as a Family Law litigator
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