Equal time share

[harley1102]

What is the name of your state (only U.S. law)? FL
My 2 children have told me that my ex makes frequent disparaging statements about myself, my current wife and my new daughter. My children also have told me that their mother has forbidden them to tell me what goes on in their mother's house, to the point they were scared telling me this and begged me not to say anything to their mother. Is there any way to have them be heard by the court without their mother knowing of any testimony they give? I want to have them more of the time based on the my children asking me to spend more nights at my home. I am only allowed to have them every other weekend, but they have told me their mother tells them frequently that I can have them whenever I want. Do I have any grounds for equal time share?

 

[MominCarolina]

Has there been any major changes in circumstances?

 

[Isis1]

What is the name of your state (only U.S. law)? FL
My 2 children have told me that my ex makes frequent disparaging statements about myself, my current wife and my new daughter. My children also have told me that their mother has forbidden them to tell me what goes on in their mother's house, to the point they were scared telling me this and begged me not to say anything to their mother. Is there any way to have them be heard by the court without their mother knowing of any testimony they give? I want to have them more of the time based on the my children asking me to spend more nights at my home. I am only allowed to have them every other weekend, but they have told me their mother tells them frequently that I can have them whenever I want. Do I have any grounds for equal time share?

based on this thread? no.

mom, legally has the right to all testimony, documents, and evidence provided to the court for her case.

if your children want candy canes and sugar plums for breakfast, are you going to give it to them?

if YOU want to commit to spending more time with the children, then by all means request for a modification of parenting time with the court.

equal time is based on several factors. do you and mom get along? doesn't appear so. do you and mom live in the same school community?

you can request a clause in your court order that neither parent will make disparaging remarks about the other parent or allow any third party to do while the child is present. but keep in mind, this clause is hard to prove in contempt. some parents, just don't respect their children.

 

[CJane]

How old are the kids?

How near to Mom do you live?

Do you attempt more time NOW?

Is there a change in circumstances for the kids/mom that would assist in showing the court that an equal timeshare is in the kids' best interests?

There IS a way for the kids to make their feelings/wishes known. You need to involve a Guardian ad Litem. NEITHER parent will be privy to what the children share w/him/her.

 

[CJane]

mom, legally has the right to all testimony, documents, and evidence provided to the court for her case.

This is not true when it comes to children. A GAL cannot share ANYTHING the children tell him/her. Attorney/client privilege rules.

 

[Isis1]

This is not true when it comes to children. A GAL cannot share ANYTHING the children tell him/her. Attorney/client privilege rules.

borderline annoyance question...sorry.

that wouldn't fall under testimony would it?

the GAL would be providing testimony to the court, not the children, no?

 

[CJane]

borderline annoyance question...sorry.

that wouldn't fall under testimony would it?

the GAL would be providing testimony to the court, not the children, no?

The GAL testifies INSTEAD of the children.

It's VERY VERY rare (read, unheard of) for kids to testify in OPEN COURT about their parents. At MOST, they'd do an 'in camera' thing (in the judge's chambers) w/ONLY the judge and a court reporter present.

It's unlikely that THAT testimony would be made available to a parent either. It's about protecting the kids from parental backlash.

 

[Isis1]

The GAL testifies INSTEAD of the children.

It's VERY VERY rare (read, unheard of) for kids to testify in OPEN COURT about their parents. At MOST, they'd do an 'in camera' thing (in the judge's chambers) w/ONLY the judge and a court reporter present.

It's unlikely that THAT testimony would be made available to a parent either. It's about protecting the kids from parental backlash.

thank you for clarifying, i will watch my wording from here on out.

 

[harley1102]

Children are 11 and 14. We live a few miles apart and in the same school district.