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  1. #1
    mmendezvq35 is offline Junior Member
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    Unhappy Letter to a judge

    ****** - CA

    I am a single father fighting for the right to see my own son. My son (Anthony) was born January 11, 2007; his mother denied me right to see him sometime in April 2007. We had a court hearing that July and I ask for joint Custody and wasn’t grated do to his age. Now we are at it again, we had a trial setting meeting where her attorney ask for an extension because he was new to the case (she fired the last one). The court extended the TSM to May 23, 2008, from my understanding a court hearing should be order no later than 45-60 days so I won’t get a court hearing till late July. (If I’m lucky)

    Last year I didn’t have my son for father day, my birthday or any holiday in that matter. I have asked her if I may have him for a couple of hours, she keeps denying me and states that she wants court to rule on all these issues. Out of the two (2) Mediations scheduled she didn’t show up to any!!! 17 months and nothing… no holidays schedule, no nothing… I only see him Monday and Wednesdays for three (3) hours.

    My question:
    Can I write a letter to my judge asking to grand me father day? If so, does anyone have an example or format I should go by?

    Thanks,What is the name of your state?
  2. #2
    OhReally? is offline Member
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    You can NOT write a letter to the Judge. The Judge won't even see it to begin with.

    What current order for your parenting time do you have now?? DO you even have an attorney?
  3. #3
    Zigner is offline Senior Member
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    You cannot write a letter to the Judge - that is not allowed.

    Why didn't you get any visitation? I honestly have a hard time believing that you were denied visitation (or even joint custody for that matter) based SOLELY on the child's age. I was given full legal & physical custody of my boy at the age of 1 month - and that was over 10 years ago!

    I feel there is much more to this story. But, I doubt we will hear it. So, basically, you need to wait until your court hearing.
  4. #4
    Isis1 is offline Senior Member
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    wait for courtclerk to answer this one. she's the CA expert. is your weekday visitation court ordered?
  5. #5
    stealth2 is offline Senior Member
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    Have you been LEGALLY found to be the father?
  6. #6
    summerdawn is offline Senior Member
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    Quote Originally Posted by OhReally? View Post
    You can NOT write a letter to the Judge. The Judge won't even see it to begin with.

    What current order for your parenting time do you have now?? DO you even have an attorney?
    Why wouldn't the judge see it?
  7. #7
    SopranoKris is offline Member
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    Quote Originally Posted by mmendezvq35 View Post
    no holidays schedule, no nothing…

    I only see him Monday and Wednesdays for three (3) hours.
    I'm confused. First you say that you get nothing and then you say you have Mondays & Wednesdays for 3 hours. Which one is it?
    Last edited by SopranoKris; 04-28-2008 at 10:33 AM. Reason: Fix quote function
  8. #8
    Zigner is offline Senior Member
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    Quote Originally Posted by summerdawn View Post
    Why wouldn't the judge see it?
    ex parte communications are not allowed. The various secretaries, etc., who actually OPEN the mail wouldn't even put it through.
  9. #9
    summerdawn is offline Senior Member
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    Quote Originally Posted by Zigner View Post
    ex parte communications are not allowed. The various secretaries, etc., who actually OPEN the mail wouldn't even put it through.
    Oh. Thanks!
  10. #10
    Silverplum is offline Senior Member
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    Quote Originally Posted by summerdawn View Post
    Why wouldn't the judge see it?
    Because that's not how it works, Grasshopper. The judge hears motions in court; s/he does not read private letters in private, without the other person having a chance to have their say.

    Imagine what all the psychos would write, if they could.

    *slow fingers: props to earlybirds!
    Last edited by Silverplum; 04-28-2008 at 10:43 AM.
  11. #11
    casa is offline Senior Member
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    Quote Originally Posted by mmendezvq35 View Post
    ****** - CA

    I am a single father fighting for the right to see my own son. My son (Anthony) was born January 11, 2007; his mother denied me right to see him sometime in April 2007. We had a court hearing that July and I ask for joint Custody and wasn’t grated do to his age.

    CA doesn't adhere to the 'tender years' doctrine. There were other issues which resulted in the delay & following hearings. If you were not married, then you may have had to go through the process to establish Paternity- which can take some time in CA courts.

    Now we are at it again, we had a trial setting meeting where her attorney ask for an extension because he was new to the case (she fired the last one). The court extended the TSM to May 23, 2008, from my understanding a court hearing should be order no later than 45-60 days so I won’t get a court hearing till late July. (If I’m lucky)

    Frustrating, but the system is busy.


    Last year I didn’t have my son for father day, my birthday or any holiday in that matter. I have asked her if I may have him for a couple of hours, she keeps denying me and states that she wants court to rule on all these issues.

    Without an existing Court Order, she has every legal Right to do so. I'm not saying that I would recommend it, or that it's best for the child, but it is still within her Rights.


    Out of the two (2) Mediations scheduled she didn’t show up to any!!! 17 months and nothing… no holidays schedule, no nothing… I only see him Monday and Wednesdays for three (3) hours.

    Her not showing to Mediation is going to hurt her case. It may also result in fines for her. Did you go to the Mediations? Did you get a copy of any/either report? If so, please tell me what it says, that's very important.

    My question:
    Can I write a letter to my judge asking to grand me father day? If so, does anyone have an example or format I should go by?

    No, you cannot just write & send a letter to the Judge. IF that were the case, the Judge's would never see the light of the court room.


    Thanks,What is the name of your state?

    Please check for Mediator's reports. If you don't have any, call the office & request it.
  12. #12
    stealth2 is offline Senior Member
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    Is this still the current schedule?

    Quote Originally Posted by mmendezvq35 View Post
    CA, Pomona

    Here is my story…. any support, suggestions, advice would help. My ex and I weren’t together when she had our son. She filled within the 2-3 months after my son was born. At the moment he is 7 months old and I get very little time with him. The court ruled as followed.

    i. Respondent shall have the minor EVERY Monday, Wednesday and Friday from 4:15 p.m. to 7:15 p.m., beginning July 27, 2007 and for the next three months, up to October 31, 2007.
    ii. Beginning November 1, 2007, Respondent shall have the minor EVERY Monday and Wednesday from 4:15 p.m. to 7:15 p.m., and beginning Friday, November 9, 2007, alternating Fridays from 9:00 a.m. to 7:00 p.m. On the Fridays he does not have the minor for the entire day, he shall have the minor from 4:15 p.m. to 7:15 p.m.,. This schedule shall remain in effect until January 31, 2008.
    iii. Beginning February 1, 2008, Respondent shall have the minor EVERY Monday and Wednesday from 4:15 p.m. to 7:15 p.m., and alternating weekends beginning Friday, February 1, 2008, at 10:00 a.m. to Saturday at 5:00 p.m.,. On the Fridays he does not have the minor for the entire day, he shall have the minor from 4:15 p.m. to 7:15 p.m.,. This schedule shall remain in effect until April 30, 2008.

    This was not a final judgment but a temp. At the moment I’m paying 700$ for Child Support + 120$ for Child Care. So 820$ in total (outrageous don’t you think?)…. I cover dental and health insurance 100% for my son. The money is taken deduced from my paycheck monthly. After my bills and child support I only get to keep 100$ for myself… it’s sad just thinking about it, and to think I’m 24year old I’ll be living with my parent’s for some time. I was force to return to my parent’s house because I was unable to make ends met. I make about 50k and from my understanding she only work part-time making min. wage. We live 2 blocks away from each other. I have a lawyer but she doesn’t help much… already spend about 7k in lawyer fees. L I really need to reduced my child support payment… it too much for me… I am losing it… how can the system be so unfair to a father that wants to be there for his child. I ask for 50/50 and got 15/85.

    At the moment I’m working with my lawyer on a proposal for a “Final Judgment” to which I just added the following…

    iv. Beginning May 1, 2008, Respondent shall have the minor EVERY Monday at 4:15 p.m. through Tuesday at 8:15 p.m., and alternating weekends beginning Friday, May 9, 2008 at 8:00 a.m. through Sunday at 6:00 p.m.,.
    v. Beginning November 1, 2008, and thereafter, Respondent shall have the minor EVERY MONDAY at 4:15 p.m. through Tuesday at 8:15 p.m., and alternating weekends beginning Thursday, November 7, 2008 at 4:15 p.m. to Sunday at 6:00 p.m.,.

    This will give me a more/less 40/60 visitations and hopefully bring down my CS. But the chance’s that my ex will agree with this is like winning the lottery. Hopefully I can order to show of cause and get a court date to ask for more time. Any advice?

    Even thou the judgment were not a final one, can I take my ex back to court with a show of cause even before the step-up plan was complete. Or would I have to wait till April 30, 2008 then file?

    Again… any support, suggestions, advice would help..

    Thanks,

    MendezWhat is the name of your state?
    This is why it helps if you follow up in a thread that has all the info.
  13. #13
    mmendezvq35 is offline Junior Member
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    Quote Originally Posted by OhReally? View Post
    You can NOT write a letter to the Judge. The Judge won't even see it to begin with.

    What current order for your parenting time do you have now?? DO you even have an attorney?
    I was told by a friend that I can… I guess it was just bad information.

    My visitation order as follows:
    Every Mondays & Wednesdays from 4pm to 7pm till Oct. 31, 2007
    Every Mondays & Wednesdays from 4pm to 7pm + alternating Friday from 9am to 7pm till Jan 2008
    Every Mondays & Wednesdays from 4pm to 7pm + alternating sat thru Sunday from 10am to 5pm.
    I think it’s about 15% not sure.

    - I am the Respondent and she is the Petitioner
    - We have joint Legal Custody
    -
    Yes, I do have an attorney and starting to hate them. I fired the first one… really don’t want to fire this one too. I am running out of money very fast.
  14. #14
    mmendezvq35 is offline Junior Member
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    Quote Originally Posted by Zigner View Post
    You cannot write a letter to the Judge - that is not allowed.

    Why didn't you get any visitation? I honestly have a hard time believing that you were denied visitation (or even joint custody for that matter) based SOLELY on the child's age. I was given full legal & physical custody of my boy at the age of 1 month - and that was over 10 years ago!

    I feel there is much more to this story. But, I doubt we will hear it. So, basically, you need to wait until your court hearing.
    I can scan my court order if you don’t believe me… maybe I should.
  15. #15
    CJane is offline Senior Member
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    Quote Originally Posted by mmendezvq35 View Post
    I was told by a friend that I can… I guess it was just bad information.

    My visitation order as follows:
    Every Mondays & Wednesdays from 4pm to 7pm till Oct. 31, 2007
    Every Mondays & Wednesdays from 4pm to 7pm + alternating Friday from 9am to 7pm till Jan 2008
    Every Mondays & Wednesdays from 4pm to 7pm + alternating sat thru Sunday from 10am to 5pm.
    I think it’s about 15% not sure.

    - I am the Respondent and she is the Petitioner
    - We have joint Legal Custody
    -
    Yes, I do have an attorney and starting to hate them. I fired the first one… really don’t want to fire this one too. I am running out of money very fast.

    Your friend was wrong.

    But how does the above schedule jive with this claim?

    I only see him Monday and Wednesdays for three (3) hours.

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