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It seems as if the judge is holding on to this case despite it not having any "face value" in the petition. Many of the allegations are not in the petition and have come along during hearings. My lawyer made mention of this, but the judge said he could argue that point (I assume) during closing arguments. My qt though is will the judge vacate this temp visitation agreement after trial if my ex cannot prove his case. Or can she still make this visitation schedule "stick" being that it has existed since mid-October. Having my daughter with disabilities shuffled from parent to parent is killing us, and causing emotional problems with our daughter as well as the fact that her level of disorganization has increased ten-fold since its inception. WHy would th ejudge continue with this visitation schedule when she has had a stable life for 9.5 years prior to this preceeding? Also, there is no "discovery" in family court NY. The court has not ordered my ex to produce these medical records, and we are in the midst of trial already.
As this is a custody petition, it was my understanding that if my ex could not prove his case, than the temp viisitation agreement would be vacated as well. My ex agreed to a 1X week visitation schedule as a result of our last modification in 2008. Why is it that my last modification agreement does not seem to be holding any weight? Why wouldn't the viistation schedule revert back to the prior modification agreement schedule if he cannot prove his case? Isn't the fact that he has made false claims of abuse and other false allegations NOT in the best interests of our daughter?
I just fail to see how separating siblings is in the best interest of a child in favor of more parenting time for an otherwise absentee parent. Does the court not weigh heavily on the fact that siblings who said prayers every night together, played together, and spent every moment together would be an abuse of discretion to change that?
Curiously, the law guardian has never come to my home dispite my attempts at inviting her to see our daughter's natural environment. She has, on several occasions, gone to the prospective hoe and repeatedly interviewed our daughter there. Additionally, despite medical records that the GAL and all lawyers have had, citing that Meghan has always been a happy well adjusted child, it seems as if that has been largely if not completely ignored. No home study was ever ordered by the court, no Forensic evaluatins, no nothing. Instead, the court is comfortable relying on mere allegations and the testimony of the two litigants to solve these issues. Even my lawyer thinks that this petition should have been dismissed a long time ago. Sorry for the continued qts, but I am completely dumbfounded here. It has torn apart our daughters whole life in addition to everyone in our immediate family.
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