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my son is in a modification fight after giving 50/50% custody to his ex after she abused them. Then he followed a guy home that hit him to get the license plate number and called 911 he gave it to them and then they told him to turn around when he did the guy stopped if front of him got out and started banging on his wifes side of the van he got out and a fight started and the guy got stabbed now his ex has kept the kids and the judge ordered a physic evaluation which he did and now court has gotton put off because of the judge having jury trials twice, the guardian ad litem told him would probably be continued until his other court is over we live in missouri and its seems i found a law but now can not find it that states they can not interfer in his parenting time unless he is a convicted felony which he is not is that true help us please these kids cry and hide on sat. when he has his supervised visitation cause they dont' want to go back seems our lawyer is not very good

Submitted: 275 days and 12 hours ago.
Category: Family Law
Value: $15
Status: AWAITING CUSTOMER ACTION
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Belton, Missouri

Already Tried:
hired lawyer that now thinks he needs to jeopardize
his other case by using information from his defending his family case where the guy got stabbed.

Posted by PaulMJD 274 days and 16 hours ago.

Answer

Unfortunately, it does appear that in order to obtain the custody he is seeking he will indeed have to use the information from the other incident to prove that he is not violent, but acted to defend his family. Absent this, the court has nothing to review in countering the allegations of the ex. I really believe that your son's attorney is correct at this point since all the court has here is the ex's allegations to go on and unless your son puts something up in his defense the court would have nothing to go on but her statement.

As far as the law regarding the cutting into the parenting time, if the ex is arguing he is violent or dangerous, regardless of whether or not he was convicted of a felony, and is using this incident as proof, then the court has an obligation to protect the child and will do so in this manner. Again, based upon the information your have provided, I believe his attorney is correct in the assessment.

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273 days and 19 hours ago.

Reply

yes i did manage to confuse us even after i read it again. my brain works weird.

 

they have 50/50 joint physical legal cusody already she is trying to get it modified.

when this happened she took the kids and hid them until the emergency hearing was heard.

the judged ordered supervised visitation every sat. 1-5 and a physic evaluation,

he had the evaluation done and it stated he was not a danger to his children or anyone else.

they were supose to go back to court on 1-9-09 cancelled jury trial

then 2-20-09 cancelled jury trial.

i think the gal is doing it but how do we get it back in front of the judge.

it seems the gal and ex, and attorney are all working together.

my son wants his time back he did everything the judge asked and now it keeps getting put off to go back in front of the judge. always cancelled; his lawyer faxed everything to the judge but his exgirlfriend has other questions and will not sign it until the judge tells her she has to. this is the first time she has not broken court orders cause its in her benefit.

my son has never ever been in any trouble ever

she on the other hand has abused them. and had to have supervisied visitation this is her just getting even.

we have hired pi because this is the second time something has happened that involved my son and feel she has hired them. she went over and sat with the guys wife and mother on the criminal case last time it went for review.

she always said she would have her kids no matter what she even tried to suffocate gson when little. she also told my daughter she knew the people to have him killed.

the first time was a drive by shooting.

seems were not suppose to be able to use anything from the previous case but she sat up on the stand and lied said my son was violent when they lived together it was her my son would come over after she would hit him she kicked him a bunch when she would get mad.

she also is bipolar and won't take meds she beat up her grandfather with a broom.

and went after her moms boyfriend with a knife.

before court last time we asked for her mental health records she refused.

said we could get them ourselves if we wanted them.

but my son said well its their mom i will give her a chance and gave her 50/50 with exchange every friday and tuesday so we could watch them.

if your in missouri i would like to set up a 125 an hour consult with you.

the kids told us last saturday that kelly (they don't call her mom) told them that they were never going to live with their dad again.

now yesterday because my daughter went out of town son did not get his visitation time because she won't agree to anyone we suggest she only wants my daughter to do it. the judge ordered they had to agree on the supervisor she did not say my daughter had to do it.

she left message saying she called the guardian and they would go to mcdonalds this morning and he could come there.

me and my husband are not acceptable to supervise.

i do believe now that since it has been 90 days and we have had unreasonable visitation i can file for my grandparents rights.

 

 

 

Posted by PaulMJD 273 days and 18 hours ago.

Answer

I cannot disagree that these cases are frustrating, but I must tell you that court continuances in these cases based on other hearings on the court's docket are not in the control of the ex, the GAL or the attorney. You can indeed file for your granparents rights in this same case under the statutes and if you have not done so you should have the attorney file that.

I still believe that if she is using this incident against your son as the reason she began this process, then I believe the attorney is right in that your son needs to defend himself using evidence from his defense in the other matter. These issues are never handled quickly and are highly upsetting to those being denied their rights and the first place people want to point is to collusion with the judge and the other parties or their attorneys and if this were indeed the case as many times as I hear the same complaints, it would mean that the judges are permanently biased against all of these people. You need to just trust that your son's attorney is going to handle this case in accordance with the law. You need to ask him to file a motion at some point to get custody away from mom completely based upon her mental health record (but that may have to wait until this current matter is over). But be patient, the matter will work out in court as long as the attorney presents your son's defense.

273 days and 17 hours ago.

Reply

so how do we get it back in front of the judge or at least get a phone interview because he had his physic evaluation?

 

are you in missouri i would hire u to file for our grandparents rights

 

and the gal calls kelly but will not return sons calls.

 

how did kelly get her yesterday when my son tried

and the guradian told my son it would probably stayed continued until his other case was heard how can they do that. it does but doesn't have any bearing on this now he did what the judge asked

when he did all that the judge oredered.

Answer

The only way to get in front of the judge is during the hearing date, when that is scheduled by the court. And believe me as frustrating as this to you, it is not a good idea to anger the court by telling them they are not working fast enough.

Unfortunately, we are not able to contact customers outside of this service and we are not allowed to represent customers from this service. The best place for you to look for an attorney is http://www.martindale.com which is the same site used by other attorneys.

I do not have any idea why the GAL is contacting the mom, but not you. This is something that you need to discuss with your attorney to get with the GAL and work things out. The court will continue the order as it is until the case is heard by the court and that is the sad way the system works.

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Answered: 2/22/2009

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