Can I appeal an order if the lawyer didn't object?

[LdiJ]

:-/ I re-read it and you are right, I guess I was being defensive. I was basing that partly on:



and ya, it's not judging but reviewing, just like I asked for. apologies for any offense anearthw

I do sympathize with the situation, because I can honestly understand how frustrating it would be to be unable to accept a job making substantially more money. However, the judge has made the decision.

 

[databit]

The judge determined it was in the child's best interest to DENY the relocation. How much was his child support going to be lowered? Enough to cover all the transportation of his child to visit him? Because airfare could be very expensive. In addition, why was the child missing time with dad? The child SHOULD NOT have been allowed to ask her father not to go on visits. THAT is a no-no and something that your wife should not have allowed. The father should have been
allowed to have his mother pick up the children for his visitation time. There are issues here that your wife caused or to which she contributed.

We (Wife and I) were going to pay the travel for Summer, spring, fall and winter.
Child support was to be lowered approx $300/month which is approx 33%
Removal of his requirement to carry the insurance accounted for about $171 per month.
So we pay for the travel associated with about 74 days worth of visitation. If he wants to visit more we made sure that he was given time that my wife wouldn't be able to argue.
Average cost of a round trip ticket to where we were relocating was $200 so if he wants to come visit the kids once a month it was accounted for in the approx $471 lowering

 

[databit]

I do sympathize with the situation, because I can honestly understand how frustrating it would be to be unable to accept a job making substantially more money. However, the judge has made the decision.

Thanks. Actually, the money was only a small factor for us as a family. The area we live in now doesn't have much going on for it, the schools are terrible, lack diverse museums and what not
Plus the house we had picked was on the beach

 

[databit]

Keep noticing new things

The child SHOULD NOT have been allowed to ask her father not to go on visits.

We know this now but it had always been that way and he even use to say he wanted the kids to have choice in the matter. It was only in the last couple of months before court that he started to blame my wife.

 

[mommyanme]

So from the sounds of all this it looks like there is no cause for appeal. I was curious based on the order specifically stating that the "Defendant will pick up" not that the "Defendant will be responsible for pick up"


For those of you that are judging my wife on this, you don't know the whole case at all.

Well let me play the Devil's Advocate here and point out what no one else I believe caught, ""the Defendant will pick up the minor children at the beginning of visitation at the Plaintiff's house, the Plaintiff will pick up the minor children at the end of visitation at the Defendant's house" Yes it says defendant and plaintiff here BUT...the attached Standard order STATES this "The non-custodial parent shall be responsible for transportation at the beginning of the visitation. Transportation shall be provided by a responsible adult." That means, Grandma, Grandpa, Dad, Aunt, Uncle, trusted Friend of Dad's, the neighbor, as long as they are a RESPONSIBLE ADULT. See? Get it? Any Responsible Adult Dad chooses, since he is responsible for pick up.

Wifey Poo was in the WRONG! She DID interfere with parenting time and the Judge SAW it for what it was and punished the interference. And if she continues her " I have custody I make the rules" frame of mind she may find herself never needing to sell her kids through child support, so she can move and really wipe Dad out, because a judge will change custody without blinking!


Out of curiosity...Have you ever picked up kiddos at the end of Dad's parenting time?

 

[Silverplum]

Too many "we" and "I" statements.

Moving along...

 

[databit]

Well let me play the Devil's Advocate here and point out what no one else I believe caught, ""the Defendant will pick up the minor children at the beginning of visitation at the Plaintiff's house, the Plaintiff will pick up the minor children at the end of visitation at the Defendant's house" Yes it says defendant and plaintiff here BUT...the attached Standard order STATES this "The non-custodial parent shall be responsible for transportation at the beginning of the visitation. Transportation shall be provided by a responsible adult." That means, Grandma, Grandpa, Dad, Aunt, Uncle, trusted Friend of Dad's, the neighbor, as long as they are a RESPONSIBLE ADULT. See? Get it? Any Responsible Adult Dad chooses, since he is responsible for pick up.

Wifey Poo was in the WRONG! She DID interfere with parenting time and the Judge SAW it for what it was and punished the interference. And if she continues her " I have custody I make the rules" frame of mind she may find herself never needing to sell her kids through child support, so she can move and really wipe Dad out, because a judge will change custody without blinking!


Out of curiosity...Have you ever picked up kiddos at the end of Dad's parenting time?

mommyanme, exactly why I was sure to post each of those pieces, I assume that that is how it could be interpreted.

I don't follow the selling her kids through child support comment though.

no I haven't picked up the kids at the end of visitation, we really thought it had to be him or her. I probably will on occasion because sometimes it would have made the logistics easier.

 

[databit]

Too many "we" and "I" statements.

Moving along...

I am married to my wife and we make decisions together. Anytime I refer to court or mediation I attempt to refer to her alone but outside of that WE discuss issues and WE make decisions that affect our life and that of her kids. Especially, when I mention items that we pay I use the word "we" because it is not my money it is not her money it is our money. I work and she is a stay at home mom/house wife and we are both share in responsibilities. How is this a bad thing?
I have no enjoy being a step parent and appreciate their father for what he does. The legal side of everything and everything that isn't explicitly in the agreement causing arguments annoys me to no end but outside of court and lack of compromise between their father and my wife I think he is a good dad and I have never/will never interfere with that.

 

[databit]

Does the custodial parent also propose to pay the cost of transportation wrt visitation?

I think I've covered this in that the custodial parent offered to pay the transportation for the kids to come out summer, fall, winter and spring breaks as well as offering to an agreed lowering of child support and removing the requirement to carry insurance. We are the ones moving and we should be the one paying for that travel so that was an easy decision.

 

[Silverplum]

I am married to my wife and we make decisions together. Anytime I refer to court or mediation I attempt to refer to her alone but outside of that WE discuss issues and WE make decisions that affect our life and that of her kids. Especially, when I mention items that we pay I use the word "we" because it is not my money it is not her money it is our money. I work and she is a stay at home mom/house wife and we are both share in responsibilities. How is this a bad thing?
I have no enjoy being a step parent and appreciate their father for what he does. The legal side of everything and everything that isn't explicitly in the agreement causing arguments annoys me to no end but outside of court and lack of compromise between their father and my wife I think he is a good dad and I have never/will never interfere with that.

This is a legal board. Your very thread title asks if you can appeal. No, you cannot. You are overstepping. Why doesn't the legal party ask her own questions?

The first sentence of your second paragraph makes no sense.

 

[databit]

This is a legal board. Your very thread title asks if you can appeal. No, you cannot. You are overstepping. Why doesn't the legal party ask her own questions?

The first sentence of your second paragraph makes no sense.

First 2 bits = Fair enough.

She isn't asking because she is pretty upset at the moment, not angry but sad and doesn't want to deal with it right now. I am asking because I told the potential employer that I would have an answer for them tomorrow and wanted to see if this was going any further, if she can get it appealed she would likely want to do so.

I'm assuming you are referring to "Anytime I refer to court or mediation I attempt to refer to her alone but outside of that WE discuss issues and WE make decisions that affect our life and that of her kids."
What I was trying to say is I was attempting to use Her, I and We appropriately. In the early stages of our marriage we had a few disagreements about money, she thought of it as my money because she didn't work and thought she had to ask permission if she wanted to buy something. I thought that was silly. Primary lesson that was learned here was quite simple "Never tell a woman her idea is silly". Secondary lesson taken away is that we both try to use I and we appropriately, but we aren't perfect (see what I did there)

 

[Silverplum]

"I have no enjoy being a stepparent..."

First sentence of the second paragraph of the post I quoted. Makes no sense.

Not that it matters, legally.

 

[databit]

"I have no enjoy being a stepparent..."

First sentence of the second paragraph of the post I quoted. Makes no sense.

Not that it matters, legally.

Oh that one's easy, I suck at proof reading
Originally I typed something like "I have no qualms about being a step parent" but I changed it and it should have been "I enjoy being a step parent and appreciate their father for what he does." I was saying this because I don't want it interpreted that I'm overstepping and trying to say these kids are mine. They aren't my kids they are my step kids and I appreciate that relationship for what it is.

 

[mommyanme]

Oh that one's easy, I suck at proof reading
Originally I typed something like "I have no qualms about being a step parent" but I changed it and it should have been "I enjoy being a step parent and appreciate their father for what he does." I was saying this because I don't want it interpreted that I'm overstepping and trying to say these kids are mine. They aren't my kids they are my step kids and I appreciate that relationship for what it is.

Then I would like to ask a very specific question, for the "WE" part of this, Why was Mom being so unreasonable, demanding it be done her way, when the judge clearly wanted the parents to work together outside of the order, if they could. And why didn't you as the Step Parent part of the WE explained exactly what you did here and encourage your wife to be more cooperative?. Did you ever consider lack of involvement has a lot to do with your wife's behavior towards him? Has she stopped to think her behavior caused your not being able to move, or is she to busy blaming the judge?

 

[stealth2]

I think I've covered this in that the custodial parent offered to pay the transportation for the kids to come out summer, fall, winter and spring breaks as well as offering to an agreed lowering of child support and removing the requirement to carry insurance. We are the ones moving and we should be the one paying for that travel so that was an easy decision.

Yeah, I saw that after I posted. But Zig is correct - you need to back off.