LegalBeagle & AAIL Please read.

Hello guy's,

I asked both of you to read this because I truly respect your opinions.

I go to court tomorrow reguarding the motion for contempt that I filed against my ex-husband and the motion for contempt he filed against me. As you know from earlier postings my ex-husband has temporary custody of the children until the middle of this school year than I get to have them for the rest of the year. Something happened on Saturday that may change that whole arrangement. My little girl called me up and asked if me and my husband could come pick her up and take her home now. I asked her if her dad said that was ok. She proceeded to tell me that her daddy told her that if he could keep her brother than mommy could keep her. I told her to put him on the phone. It was true! He told me he was sick of spanking her and to come and get her. He also said that she was a little me and he couldnt handle her. I told him I was on the way to get her but he stopped me. He told me that if I wanted my daughter than I would have to sign my son over to him . I couldn't do that!!! I want both of my children and a lawyer friend told me that I should never sign over rights to either child so I didn't. Of course my daughter was crushed. Her dad told her she would get to come home with me and than he changed his mind. This is my question. She what transpired on Sat. be brought to the attention of the Judge tomorrow? Wouldn't this prove that he really doesn't want the children and that this is just a control game to him? Could this mistake on his behalf possibly win me my children back? Please help me.

[LegalBeagle]

What are the two comtempt petitions for ?

My motion for contempt against him is because he has still not paid his past due child support. At least $1,600.00 of the almost $4,000.00 he owes us was due by June 17th. His motion for contempt states that I was keeping the children from him. That is one thing I have always been proud of- The fact that I have never been one of those woman who won't let the ex-husband see the kids if they don't pay their support. Hopefully from past visits with the Judge he will remember how rational and campassionate I am.

[LegalBeagle]

Are you represented by an attorney ? Do you have passed records of the visitation and contacts with the child and your ex ?

No unfortunately I have never been able to get a lawyer. As far as records of visitation, all I have is what I write down on a daily basis. I try to keep track of everything for moments like this. My family and his family have also been witness to how generous I have always been. Maybe this won't mean anything in a court of law but it makes me feel great knowing that I have been the better person.

[I AM ALWAYS LIABLE]

My response:

Yes, by all means, make the judge aware of what has recently transpired. Be aware, however, that this is more than likely going to cause your daughter to testify, "In Chambers" (called "In Camera") with the judge. With a bomb like this, you're bound to prevail on your motion for contempt.

IAAL

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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

So she will have to testify even if she is only 5yrs old? I don't think my ex-husband could say anything to her before the trial that could change her mind about about wanting to be with me! Oh, AAIL, do you really think I could win my children back because of this??????????????????????? Please say yes!!!

Thank you so much! Tracy Sain

[LegalBeagle]

Tracys comtempt is only for his failure to pay.

As IAAL says, by all means mention it, but since this is not a custody hearing then it is unlikely to be changed tomorrow.

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by saintracy75:
[b]So she will have to testify even if she is only 5yrs old? I don't think my ex-husband could say anything to her before the trial that could change her mind about about wanting to be with me! Oh, AAIL, do you really think I could win my children back because of this??????????????????????? Please say yes!!!

Thank you so much! Tracy Sain

[/b]<HR></BLOCKQUOTE>

My response:

I can't get your hopes up. A lot would have to do with the specifics brought out in court testimony, and in relation to the "mind-set" of the judge. If you bring this matter up (and I believe you should) your daughter will be asked a few "nice" questions in private, and in a friendly atmosphere. You see, there are no specific laws in these regards, and Family Law issues are, for the most part, decided "at the discretion of the judge." There's wide latitude for a judge in issues of this sort, and so, if the judge is anything like me, you should have your children. If the judge is not like me, then something less than full custody will be decided. But, remember, we've only heard your side of the issue and, as bad as it sounds for your ex, his side of the issue will also be discussed in court, which is something I have no knowledge about in order to give you any specific suggestions or a prediction for an outcome. I hope, for your sake, that your rendition is the more accurate version. Please keep us informed.

IAAL



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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

Oh, I see. Well I guess it is still a good thing to keep in my records and if a custody case ever comes about than I will be prepared. Can I file for custody using what he said on Saturday as grounds? I miss my children so much, I don't know how many more sleepless nights my husband, unborn baby, and myself can take.

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by LegalBeagle:
[b]Tracys comtempt is only for his failure to pay.

As IAAL says, by all means mention it, but since this is not a custody hearing then it is unlikely to be changed tomorrow.

[/b]<HR></BLOCKQUOTE>

Dear LegalBeagle:

Although the reason for filing was not a custody issue, the hearing could easily turn into such a hearing. If something happens in the eyes of the judge that, in the interim between filing for the contempt, and the date of the hearing, a judge has wide latitude and discretion to make his own decisions, on his own motion, to make changes to custody arrangements . . . if the circumstances warrant.

IAAL



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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

Lucky for me, every time we have been in front of this specific Judge he has completely seen things my way. He has even caught my ex in "little white lies" in the court room. I have always been honest for fear that I would get caught lying and get thrown in jail or fined an amazing fee. Not to mention I would do nothing to jeopardize my life with my children.

Thank you both very much for all of your help. I will definately keep you informed.

[LegalBeagle]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by saintracy75:
[b]Oh, I see. Well I guess it is still a good thing to keep in my records and if a custody case ever comes about than I will be prepared. Can I file for custody using what he said on Saturday as grounds? I miss my children so much, I don't know how many more sleepless nights my husband, unborn baby, and myself can take.[/b]<HR></BLOCKQUOTE>

The problem is, you just recently had a custody case where YOU agreed to split physical custody of the children between yourself and your ex for different periods of the school year. Whilst your daughters statement can give weight to your case, I am not sure that you will be able to get your son back based on the information you have giving.

[LegalBeagle]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by I AM ALWAYS LIABLE:
[b] Although the reason for filing was not a custody issue, the hearing could easily turn into such a hearing. If something happens in the eyes of the judge that, in the interim between filing for the contempt, and the date of the hearing, a judge has wide latitude and discretion to make his own decisions, on his own motion, to make changes to custody arrangements . . . if the circumstances warrant.
[/b]<HR></BLOCKQUOTE>

I agree, but since he currently has physical custody and she is highly unlikely to be there in court, then nothing will be resolved tomorrow. At best, another hearing will be set for interview of the child and by that time he will have had time to change her mind.

Now, if he makes the mistake of bringing the child to court...

I understand what you are saying LegalBeagle.
I had agreed to split up the school year thinking that the Judge wouldn't go for it and when he did I immediately regreted my decision. It would be different if I felt like he wanted to be a good dad, I could deal with my missing the children because I would know that we both had the best interest of the children in mind. Unfortunately this is not the case. I could never understand how one parent could call up the other parent and say, "I am sick of spanking her, come and get her"!!!" She is a little you, I can't handle her"!

This tells me that he is still unable to be selfless in his love for our children. I hope the Judge will see that also.

Thank you again Dear...