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AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Family Law
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Experience:  19+ Years of Legal Practice in Family law matters.
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The petitiioners attorney is asking that i offer evidence

Resolved Question:

The petitiioner's attorney is asking that i offer evidence or expert opionion as to why i was court ordered theraputic arenting time after the all charges of "kidnapping" my son were dismissed. I have requested a CFI because we can not come to an agreement regarding parental times and now her attorney has come up with two suggestions yet, i feel there are conflicts and not in my son's best interest as they have proven my son's current counselor (they choose) and attorney's daughter are friends. I need to know why i need to continue to have supervised theraputic visits with my son.
Submitted: 3 years ago.
Category: Family Law
Expert:  AlexiaEsq. replied 3 years ago.
Hi, can you tell me about this alleged kidnapping, was it done by you, for how long, etc. Also, what state is this in?
Customer: replied 3 years ago.
This is a Colorado case..it was dismissed as there was never a court order regarding parental rights/custoday so they dropped it after months. The only reason i was ordered supervised is because the case was pending back then. In a nut shell I lived in Colorado in May of last year my 4 year old (mom and i shared custody) told me there was abuse in the home he was being hit and hung upside down.. i choose to relocate and file custody in NV) In September of 2010 they filed Kidnapping charges against me which were dismissed in May now i want to see my son and says he wants to see me and they are opposing unsupervised....
Expert:  AlexiaEsq. replied 3 years ago.
Ah, well, you don't have to obey what her lawyers want. Simply stick to your guns, argue that there is no need for supervision, you have never violated a court order in your life, etc. In fact, if you believe there is abuse going on (and I will presume you took your child to a psychologist and have thoughts about it one way or another), you could also argue that SHE needs supervised visitation. Sometimes when we fight fire with fire, the other side backs down, particularly if they don't truly believe in the need for what they are seeking.

There is one confusing thing: you say "mom and I shared custody" - but you don't mean court ordered, correct? You just mean in reality you to were doing well handling it privately, right?

So with regard to your question:
"I need to know why i need to continue to have supervised theraputic visits with my son. " Unless the court has decided that you do, presumably you do not. Just because the petitioner wants it, doesn't make it so. The only negative I can imagine is if your absconding with your child, depriving him of his other parent without a word, just acting unilaterally, rather than getting to the truth while not depriving him of his other parent, could be seen as an inability to perceive that parent as an equally important factor in the child's life. So, while you are obviously going to make clear that you only did so because you believed your 4 year old - you may want to produce evidence that you were proactive in determining whether it was true, so mom and child could be reunited. They may question why you didn't simply make your motion in CO, while keeping the child with you, instead of taking off for NV, ensuring he'd be deprived of his mom - try to explain it, such as, you had a new job, whatever, and had to move and couldn't leave him in the environment he was describing.

I hope this helps clarify for you.

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AlexiaEsq., Managing Attorney
Category: Family Law
Satisfied Customers: 11691
Experience: 19+ Years of Legal Practice in Family law matters.
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