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  #1  
Old 08-08-2006, 09:43 AM
Wayne Rodgers
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joint custody has been taken away for letting our son get a hair cut!


What is the name of your state? Virginia. Our son who is almost 9yrs old ,asked if he could get his hair cut and I said sure, my ex took me to court for it. There was a court order that said that she had all rights to him getting a haircut. I have appeled that decision on the basis that we had joint custody and the statues ,both state and federal, state that we share these responsiblities. I also have a very bad case of dyslicsia and was ordered to only communicate with my ex by email.I told the g.a.l. and judge Kellas that was a very difficult thing for me to do and it imposed a hardship on me to do so. Not only that but the A.D.A. law says that it would not be a level playing field, thus uninforceible. Thank God I have a friend or two that is willing to help me write this. quite humiliating!! I was coinvicted of contempt of court because of these!! And the judge took away my joint custody and gave her sole custody. I was not found to be unfit in any way!!! I filed a motion in federal court this week to remove the case to federal court for civil rights violations ,gender bias and not declaring me an unfit parent, and violating the first and fourteenth amm. of the constitusion. I was not allowed to call our son untill he call me then I could call him back, untill 8:30pm. I used the troxil vs. grandville supreme court desicion of 1999 writen by justice O'conner as a basis for this filing. I am doing all of this pro se .I am so broke that I can't even pay attention, lol. Help What is a poor boy to do. I run a non-profit that feeds and takes care of the people that fall throught the cracks of socioty and there has not been enought money for me to be payed since the incidents of 9-11-01. our web sight is feedthepeople.org I am at witts end over this... HELP PLEASE! Wayne Rodgers.

Last edited by Wayne Rodgers; 08-08-2006 at 09:49 AM.
  #2  
Old 08-08-2006, 09:48 AM
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Somehow, I suspect joint custody was taken for more than just a haircut....
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  #3  
Old 08-08-2006, 09:49 AM
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OP, what is your legal question?
  #4  
Old 08-08-2006, 10:20 AM
Wayne Rodgers
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haircut


As I stated joint custody was taken away for contempt of court. because I allowed our son to have his haircut.. it violated the court order that said that my ex had all rights to his apperance and medical and educational needs , which is in opposition to what state and federal law states as to what the definitions of joint custody are. and because I refuse to send her emails
  #5  
Old 08-08-2006, 10:21 AM
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So, again, WHAT is your legal question? Or are you simply telling a sad, sad story?
  #6  
Old 08-08-2006, 10:23 AM
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so you appeared to the court to be unwilling to communicate with your ex, unwilling to co parent- and showed a disregard for the court order.....what was your defense for these actions when you were questioned about them in court?
  #7  
Old 08-08-2006, 10:24 AM
Wayne Rodgers
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haircut


I guess my question is what can I expect and what are my recorses?
  #8  
Old 08-08-2006, 10:27 AM
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Quote:
Originally Posted by Wayne Rodgers
As I stated joint custody was taken away for contempt of court. because I allowed our son to have his haircut.. it violated the court order that said that my ex had all rights to his apperance and medical and educational needs , which is in opposition to what state and federal law states as to what the definitions of joint custody are. and because I refuse to send her emails
A state court judge is free to make specific orders and adjustments that don't necessarily conform to the standard definition of joint custody. A state court judge is also perfectly free to decide that joint custody is no longer appropriate if one parent is either being uncooperative or is not obeying the existing court orders.

The court order stated that you were not allowed to alter your child's appearance. You knew that and went ahead and did so anyway. You also refuse to communicate with mom in the manner that the judge ordered. I also suspect that this is probably not the first time that you have been in front of this judge for similar issues.

You have no one to blame but yourself.
  #9  
Old 08-08-2006, 10:28 AM
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Quote:
Originally Posted by Wayne Rodgers
As I stated joint custody was taken away for contempt of court. because I allowed our son to have his haircut.. it violated the court order that said that my ex had all rights to his apperance and medical and educational needs , which is in opposition to what state and federal law states as to what the definitions of joint custody are. and because I refuse to send her emails
Which is why you lost joint custody - NOT simply for getting the kid's hair cut. The above pretty much shows that you weren't willing to co-parent your child. So the judge gave you what you wanted, and let's Mom make the decisions.
__________________
Children aren't coloring books. You don't get to fill them in with your favorite colors.
The Kite Runner, Khaled Hosseini



*********
R.I.P. Penny.
8/12/97 - 11/12/09
She was a good hound,
and a good friend.
She will be missed.

*********
  #10  
Old 08-08-2006, 10:29 AM
Wayne Rodgers
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haircut


I have always tried to communicate with my ex. she will not talk.. as far as coparenting that takes 2 and if one wont talk it makes for it difficult at best. the court order is a violation of my rights to our son
  #11  
Old 08-08-2006, 10:30 AM
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Quote:
Originally Posted by Wayne Rodgers
the court order is a violation of my rights to our son
No, it isn't.
__________________
Children aren't coloring books. You don't get to fill them in with your favorite colors.
The Kite Runner, Khaled Hosseini



*********
R.I.P. Penny.
8/12/97 - 11/12/09
She was a good hound,
and a good friend.
She will be missed.

*********
  #12  
Old 08-08-2006, 10:33 AM
Wayne Rodgers
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haircut


as i stated the order violates my rights to our son and it is with great difficulty that I commuicate by email if some one wasnt here to help with the email it would almost immpossible to do
  #13  
Old 08-08-2006, 10:34 AM
Wayne Rodgers
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haircut


tell me why then it isnt?
  #14  
Old 08-08-2006, 10:40 AM
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Because once your relationship with the other parent reaches a point where the court is involved - the COURT determines your rights.
__________________
Children aren't coloring books. You don't get to fill them in with your favorite colors.
The Kite Runner, Khaled Hosseini



*********
R.I.P. Penny.
8/12/97 - 11/12/09
She was a good hound,
and a good friend.
She will be missed.

*********
  #15  
Old 08-08-2006, 10:47 AM
Wayne Rodgers
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haircut


according to troxel vs. granville 1999 case that the opion of the majority was that parents have equal rights to the child, unless one has been determined to be unfit. as the first part had dek\lt with grandparents rights the opion went on to state that parents had equal rights.
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