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Recent Parental Alienation questions

I am currently legally divorced since February 2009, but

I am currently legally divorced since February 2009, but have been living with my ex-husband, whom I share joint custody of our two children, since August 2009. When the divorced occurred we were living in Mississippi, but have since moved to the state of Arizona since October 2010. After all this time we are separating again. My ex-husband is currently in Mississippi with the children for the summer, where I was supposed to fly over to spend the last two weeks before school starts with them. Due to expenses and my job, I was unable to go this year. My ex-husband has been a stay at home dad since the time that we have lived in Arizona while I have had a very good income and supported his spending habits up to this point, but can no longer continue to do that. He is now saying that the children are going to stay in Mississippi with him even though he has no income they have been in school in Arizona for the past 6 years. What legal rights or actions can I take in order to get my children back in the state of Arizona?

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LegalGems

Juris Doctorate

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A parenting plan was drawn and finalized in divorce decree

A parenting plan was drawn and finalized in divorce decree with standard visitation (every other wkend/Wednesday, alternating holidays, etc). The custodial parent immediately moved 300 miles away, making the agreement untenable. The non-custodial parent constantly encounters difficulty in scheduling visitation and a complete refusal by the custodial parent to engage. The now teen children have refused all overnight visitation, every holiday visitation, and agree to an occasional afternoon with their father. Is it true, as the mother asserts, that she (and the children) 'have no responsibility in maintaining the relationship with the father - that he is solely responsible'? If so, what is the point of a parenting plan signed by both parties. How can a father maintain the relationship with no cooperation?

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JD 1992

Juris Doctor

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It's me again! When s lawyer starts to bring up the

Hi it's me again! When his lawyer starts to bring up the past, as in things already decided on though our divorce what's a thought provoking way to say it, like objection your honor the issues the plaintiff wishes to present to this court and have already been decided on by two judges, are not relevant to the issues before this court today? He'll bring up that a dated an abusive man three years ago but I kicked him out changed all my contact info, I am worried I'm general about having to explain the things that happened, that my kids did see. However as I said it was three years ago. It's hard to express to someone the why didn't you leave the first time etc.. So I guess what kind of objection so I present for already heard issues and past life issues that are now resolved?

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NYFamilyLawyer

Licensed Attorney for 36 years

JD

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My ex-spouse refuses to provide any medical information

My ex-spouse refuses to provide any medical information (names of Doctors, insurance information, medical information, etc...) regarding our child. It is one of the several actions of attempted alienation between me and our child. My question is this - what information do I need to take to the medical facility where I know my child attends to request a copy of the medical records? (e.g. Birth Certificate, Divorce Decree that states joint custody with full access to all medical records, etc...) Or, what other advice do you have for me to obtain this information. Please do not suggest going back to court - I am out of funds and the court does not seem to take much interest in addressing acts of alienation.

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NYFamilyLawyer

Licensed Attorney for 36 years

JD

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I was divorced (from a lawyer) in 2002. In the divorce

I was divorced (from a lawyer) in 2002. In the divorce decree, there is a ruling that my ex has to pay half the value of his law practice (community property state). They decided his law practice was worth about $100,000 and so he owed me about $50,000. Since he couldn't afford to give me that money at that time, the divorce decree states that he should pay off the 2nd mortgage, which was $47,000, and if I sold the house, he could either pay me the balance OR keep paying with the same terms as the 2nd mortgage.So, far, he has been paying me according to those terms:$357/mo. which is at 8.25% until 2029.Now, that all our children are over 18, he has decided to stop paying me. His reasoning is that he paid for our son's college and now is going to pay for our daughter's college.(I had planned to pay for HER college, but this is a long story - basically she ran away from home, lived with her stepmother and has disowned me as a mother since I wouldn't let her go on her senior spring break with 4 guys and 2 girls and no adults.)I would like to have your input as to what my options are. I assume I would be going back to family court since our case hasn't closed yet and this is a divorce decree I would be asking the judge to enforce.

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NYFamilyLawyer

Licensed Attorney for 36 years

JD

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This is ... You have often helped me in the past and I

This is forCustomer.. Hello, You have often helped me in the past and I value your expertise. I have an upcoming court date of June 22 for custody. I have been through the process of private mediation and counseling for my son. In December, my teenage son started refusing to go to his father's house. His father accused me of "parent alienation" and filed and Ex'parte against me for full custody of our 2 kids and/or a minimum of 2 full months to allow for counseling and repair of the damage he alleged. The court ordered mediation (private mediation was requested by Dad) and counseling for our son, plus a return to court for final judgement. Six months after the initial filing, we have essentially completed the mediation process and I feel recommendations are more likely to be aligned with me, as Dad has presented as irrational throughout the process. The details of the case are that an allegation of inappropriate touching was made by our son against father's wife. Father sided with his wife, disbelieved and ostracized our son, and broke the initial safety plan put in place by the mediator in agreement with CPS. Father also later, based "on his lawyer's advise" resumed his 50% visitation with our daughter stating he would personally supervise all visitation with his wife, all of this against the mediator's recommendation. Today, in the next to last mediation meeting Father said that he declined to make agreements as he was directed by his lawyer to go for full custody of both children. This positioning and/or the disclosure of it seems radically unfounded, and legally unwise. The mediator asked Dad "how this made any sense for our son?" I am trying to get some general input on how my case might go 1) Any general feedback you can offer. 2) Parent Alienation seems to be the only card Dad has to play. The mediator has told him several times that she did not see evidence to support parent alienation. Should I be concerned about Dad's position on Parent Alienation? 3) Is it ever likely for the court to discard the mediator's report of recommendations? Is that something Dad's lawyer can fight for and if yes, when might that be warranted? Thank you.

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My 12 year old stepson has started saying he hates s dad (my

My 12 year old stepson has started saying he hates his dad (my husband), and that he doesn't want to come stay for visitations any longer. My husband is devastated and we do not know what more we could have done to keep him interested. The mom doesn't work so our custody battles never got anywhere. My husband and I have never missed a child support payment, even while he was laid off for 1.5 years, and had to start his own business to make ends meet. It has been a real struggle. The mom is a nuisance every time we have visitation because she refuses to let him visit with us without texting the child non-stop and encouraging him to ask to come home. She has even sent the police to do wellness checks if we put the child's phone in a neutral place to avoid the disruption, making up stories and not trying to contact through dad's phone. Very long story that you probably wouldn't even believe, and she's gotten away with everything, including over 30 counts of contempt, like the time she disappeared for 3 months with the child because she moved, and wouldn't tell dad where she was or allow him to talk to or see the child. Anyway, we can't believe the child now acts like he hates us. My husband told him the other day when he refused to come that fine, if he wanted to tell a judge he didn't want to come anymore and the judge agrees then so be it. It stinks but he didn't know how much more he could take. We don't think we should try taking her to court for interference because taking her to court doesn't do any good and leaves us out thousands that we don't have. But if a judge awards full custody to the mother, then does the dad have to pay child support any longer? He pays 50% of medical bills (which are a lot because of the child's condition). He's hurt right now and his opinion is - if mom turned the child against him, then she doesn't need his money any longer. Cold, but honest.

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NYFamilyLawyer

Licensed Attorney for 36 years

JD

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My ex has filed motion to modify custody and support.

My ex has filed for a motion to modify custody and support. It was a brutal divorce lasting over two years and we had zero assets, it was only about the things he is trying to change again, custody and support. He is very abusive and manipulative, this is not a baseless claim there are police records, court documents, and even recordings of such. When I moved I allowed three of our children to live with him and did not make him pay me any support. Because I was relocating and this would interfer with school and disrupt their lives in general. He was awarded joint custody, so even though I have been subject to his abusive nature the courts still spilt it 50-50. So I let them go. Our two remaining children still live with me.Those children that moved, slowly started to hate me, chew me out on the phone about things they claim I did that absolutely did not do, and so on, two years later I haven't seen them. I begged and fought with the ex to allow us to speak or meet, and go to counsling and he has refused..UNTIL he filed his motion and in response I brought up this parental alienation and provided proof of such. NOW he has hired a therapist and made an appointment, with out discussing it with me and said to me show up this date if you really want to heal this relationship. I said sure, if you are willing to sign something saying this is about the healing of these relationships and WILL not be used in court as part of your evidence against me BECAUSE as I said I am going to have dispute many lies they have been told and such, and getting to the real truth will take time to undo. SO my question is, if he refuses to sign something saying so, and he has, does the therapist by law have to keep it private if I request so OR because he is paying her, can he say yes you can go to court and talk about all of it? What laws or OCGA specifically protect me in this situation if any?

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Olivia Kent

Managing Partner

Law

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Is there anything I can do , like court orders, to force my

Is there anything I can do , like court orders, to force my ex-wife to answer her phone or return text messages regarding making rearrangements for joint custody children to be picked up from school, brought to baseball games , arranging visiting schedules, etc? She thinks it's some big game to make life as difficult as possible by waiting to the last minute or not at all to arrange kids activities ... I know her cell phone is turned on and she exchanged messages with her other daughter all day long ... I'm very exasperated and feel like calling the police sometimes, she also feels like she can change the visitation schedule anything she wants by screaming in the middle of the street in front of the kids..

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Loren

Juris Doctor

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