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Lets talk about significant changes of circumstance. The actual changes are this:
1) he now lives with his wife and step child. At time of last order he was living apart from her.
2) I am now working.
The main points in his custody case are that I don't give him enough "extra time" outside our court-ordered timeshare and him alleging that I gave my kid presecription meds. Unfounded by CPS and Dr. tox screens, etc.
If the 2 things above are so "significant" then why hasn't he focused on them. All along I have said that he hasn't met the burden of proof for a change of custody. Our first hearing was rescheduled to a long cause trial and ex wanted to get kids more time in the interim. Judge denied him and said to his lawyer "I don't see that you've met the burden of proof."
I'm representing myselft in trial this week. All tips/info is appreciated.
I attended a settlement trial last week and the pro-temp judges said that my invalidating the mediator's report, which ex wants adopted because the recommendation is 50/50 - still leaves me with a shaky case because his lawyer will call the mediator as a witness (she was horrible to me in her report.) I know her report is filled with errors that I can prove, but all of this seems to be off the path of him meeting the "burden of proof". He hasn't done that. The pro-temps side-tracked my focus and you have really helped bring my clarity back.Your information was simple and clear and really on-point with my case positioning.
You nailed it with your observation. Yes, he wants to reduce his child support. I think it's a desperate attempt, too. Money is all it's ever been about. He tries to re-gain custody every 6 mos since he was re-married and purchaes a new home. The stress of it has about been the end of me, but I'm done being his victim and I'm going to fight hard, even without a lawyer.
Any suggestions for dealing with the mediator? Her report is invalidated per Rules of court. I'd like to find a way to exclude her testimony if possible. Discussed a motion of Limine with another expert but I don't know if it's necessary or possible just days before trial.
Can I file it one or two days before trial? Also, I know the formatiing etc. but I got side-tracked when the other expert told me in error that mediator's testimony is admissable in Ca. Wasn't sure where to go from there. What should be the reason I ask the court to exclude her testimony? It should be simple but I just can't wrap my brain around it. Since you looked at that discussion what would you suggest? I find your explanations very clear.
Thank you for getting me back on track. I will file the motion. I lost a day sulking and worrying but you've given me a tremendous pick-me-up. About having the mediator admit they are not an expert on child abuse/neglect - interestingly enough the topic is not an issue of interest, She never even aknowledged the neglect in her report. It focused more on the fact that I positoin myself as gatekeeper of the visitation since ex's complaint is that I do not grant him enough "extra-time" outside the orders. Since I have sole physical custody, the children primarily reside with me - yet mediator somehow interprets as "gatekeeping".
I understand that this forum is not legal advice, but the information does help me generate ideas. I wasn't asking you to specifically tell me what to do for the Limine, I was hoping for a verbiage suggestion that "speaks" to my intent. Even a one-liner that may grease my own wheels, if that makes sense.
Thank you for helping me re-gain my momentum and to stay positively focussed. You are much appreciated.
Thank you and good evening/good day. I was my pleasure to receive your expertise. Take care and God Bless.