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Recent family law questions
Mediation, is it a time to bring proof of certain claims
Mediation, is it a time to bring proof of certain claims like for example he has Josh failed and thats why I want custody. DO I prepared to defend that with a report that shows other wise, or is it just parenting plans support etc... And keep is sneaky, a bully and manipulative, and not necessarily a guy who will just want to try and work it out. I am kind of hoping if his lawyer sees some of the proof of his lies, and being in contempt, she might change the route in which we take this.. just some help with is and I wont bug you again tonight :)
My ex-wife is playing games with me by not giving me my
My ex-wife is playing games with me by not giving me my child for two weeks vacation in early July, for my two vacations week per year because she says that I didn't inform her before May 1st.- The parental plan states exactly "If the parties are unable to agree on their two week period, then each parent shall notify the other parent by May 1st of each year then he or she would like his or her two week period of time. In even years, mother's first choice of weeks will prevail. In odd years, father's first choice of weeks will prevail."-I informed via text at the end of April a couple of times of my dates in July, but she never replied she just asked for money, she does this every year to look for a reason not comply. The only record I could find right now is me informing her several times in May then she finally replied back "NO" to those texts the 1st week of June. I told her that I informed her in April a couple of times, and she is insisting no it was after May 1st. I also told her the May 1st deadline is if we disagreed on dates and that I agreed on her dates so there should be no complaints because I informed her well in advanced and I am not ruining her vacation plans in June.- Now she is telling me no because she already has stuff plan for my child in July and I could only have her the 1st week of July and a week of her choosing in August. I reminded her that is not how the parenting plan works we didn't disagree on dates, that I told her in advance, and also told her that last year she told me her vacation dates in November took my child for Thanksgiving, and I didn't disagree, because I already had my vacation with my daughter.-I spent a lot of money on a vacation to Disney World for my kid and is the second week of July. She told me she would give me my child the first week of July only. My lawyer is telling me just to keep my child for the two weeks, if she gives me my child the first week.My questions follow:-Is she right about the 1st May deadline? Because the lawyer explained to me that May 1st only applies if we disagree on the dates, that way vacation dates between parents do not overlap.-As the non-custodial parent if she gives me my child the first week of July would I get in trouble with the law if I keep her the second week (as suggested by my lawyer)? I don't want to ruin my child first trip to Disney.-If I am allowed to keep my child and she calls the police on me what do I tell them to eliminate the drama right away?-If I am allowed to keep my child and she comes to my house do I have the right to call the police on her to make her go away?-If I am not allowed to keep my child can I put her in contempt and have her pay me back all non-refundable expenses?
My kids' dad and I have been separated/divorced years. He
My kids' dad and I have been separated/divorced for ten years. He has never asked to have our children more than the 65/35 parenting plan that we've had in place since. The kids are 14 and 16 and are not wanting to spend more time at his house, but he's hired a lawyer to get 50/50. The mediator told me that a judge would make us try it. I'm willing to try it though I don't think it's best at this stage in the kids' lives, but I don't know if I should sign the paperwork that the lawyer has sent me to change it and file with the courts. Is it possible to have a trial run without filing paperwork?
My husband only has a child support order that says that s
my husband only has a child support order that says that his ex-girlfriend has primary care of his son, does that prevent him from picking him up and taking him back to his home? His son is 16 and wants to live with his dad.
I have been stressing about a motion to modify custody and
I have been stressing about a motion to modify custody and support. I have so much information I don't know where to start when the trial begins. My question is, is it a good tatic to ask the defendant for his reasons he believe he should have custody or is a better method for me to present why I am a fit parent and why he is not? I have proof he is lying about things but I'm asking right out the gate should I ask him to tell why he things I should lose custody and then rebut that or do I slowly build my case? Also I know that in criminal actions the burden of proof is on the accuser, so does that apply here as well?
Not too confident in my current attorney. Would like a
Not too confident in my current attorney. Would like a consultation to educate myself on my modification for full parental custody and supervised visitation on my ex wife with our daughter. I currently have not sent her back to her mother due to the environment and nature. As of yesterday she filed an amended motion for contempt with the court.
During a recent hearing, my ex-wife perjured herself in
During a recent hearing, my ex-wife perjured herself in multiple instances, including on her sworn financial statement and after being sworn in. Following the hearing, I filed a motion to hold her in contempt, seeking sanctions and attorney's fees for her perjury. If she had been forthright we would not have had to go to court in the first place. I also included in my motion multiple instances where she disobeyed the court's ordered parenting plan, which includes an indemnification clause.The court denied my motion, citing Murer V. Rogowski - All perjured relevant testimony is at war with justice, since it may produce a judgment not resting on truth. Therefore it cannot be denied that it tends to defeat the sole ultimate objective of a trial. It need not necessarily, however, obstruct or halt the judicial process. For the function of trial is to sift the truth from a mass of contradictory evidence, and to do so the fact finding tribunal must hear both truthful and false witnesses.While I can understand, even if I disagree with that ruling and the use (perjury is perjury and should be punished) the court said nothing about her blatant disregard for the parenting plan. How can I appeal? What should be the gist of my argument? Is there any supporting case law? Is there any way to argue regarding her perjury?
A father has stated that he will not support the kidsView more family law questions
A father has stated that he will not support the kids extracurricular activities for the children after separation. The father also as asked to change parenting days where activities have interfered with his parenting time. The mother has signed a boy up for baseball, like in past years. She avoided the conflict of the fathers days with the activity scheduling. Does the mother need to share all activity game information with the father even though he will not financially or physically support it going forward? Mother has stated that the son can invite father to any game they want them to watch as to not restrict the wishes of the children. I would like to know the law in this case? I reside in Minnesota.