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ProSeDadinMD

Senior Member
What is the name of your state? Maryland

Dear Mr. *********:
Thank you for your e-mail of March 6, 2007. Your complaint for 50/50 custody is, of course, already dismissed.
This case will probably resolve with Wednesday overnights going back to my client and you getting more summertime visitation. With that being the case, I would suggest that you contact Ms. ***** and start working on how summer will actually work. For example, will you take a real vacation, or just have ****** living with yourself and ***** and going to day camp or other activities while you stay at home and go back and forth to work each day?
Since ****** is very close to her little sister, and with Ms. ***** the three comprise a very close family unit, I see the court being quite deferential to an arrangement whereby the sisters are not separated just so you can have visitation with her, so much as to allow ****** to maintain a strong relationship with you. This would be especially true if you are not living in the same school district. There is, of course, a big difference between your having time with your daughter for the sake of it and your building a strong relationship with her. Ms. ***** supports the latter, but it is important that you agree that your daughter's home is at Mom's house with ******, and that the time she spends with you is special and privileged.
It is great that she has her own, separate space at your home, which I'm sure you have already arranged, and there is nothing to take away from your relationship with ****** by recognizing her attachment to her mother and sister. If you agree with me on this structural construct for custody and visitation, I think you will find that Ms. ***** is very accommodating to your requests for time with ****** over the summer and that this case will resolve amicably. Please let me know if this threshold issue is something we can approach with like minds.
******* ******
I did contact the courthouse yesterday, and was told that the “amended” motion, where I asked for 50/50 has actually been dismissed, but the clerk I spoke with could not tell me why. I will be calling today to ask for a copy of the letter she said had been sent out.

Here is my response, which has not been sent yet.
The only possible change that I would be willing to make, which would be contingent on you providing me with compelling evidence of how or where the Wednesday night overnight is "adversely affecting" ******’s schoolwork(which I have asked for in the past via email, and which has not been provided), or is otherwise not in ******’s best interest, would be a change from every Wednesday night to every other Friday night(so as not to adversely affect said schoolwork, if this is in fact the case), as well as the retention of every other weekends as it stands now, and with the addition of 30 days of uninterrupted parenting time during the summer. I also feel that points 4, 5, 6, and 7 of my proposal dated 3/6/07 are reasonable, and that we would both benefit from these additions.

On the subject of ******’s relationship with her sister, I have consistently done whatever I could to foster a strong relationship between them, as evidenced by the fact that you and I had come to an understanding with regards to the night of weeknight visitation. As I stated in my email of 11/1/2006, “Since "we" have apparently decided that we are following the consent order from May 2002 exclusively, I think that it would be in both of our best interest to return to the correct schedule for weekly overnight visitations, which would be Wednesdays, rather than alternating Tuesdays and Thursdays(per your verbal request). …. I know that we have been doing this in an effort to permit the children to be away the same evening for visitation, and I have no problems with this. But as you have pointed out to me, ***** does not generally pick ****** up for those evenings. That being the case, I feel it would be best to return to overnights every Wednesday in an effort to keep the number of "violations" to our order to a minimum”. I fail to see, and have found no precedent stating such, how fostering a relationship with her sister is considered more important than her fostering a relationship with her father. I also fail to see a legitimate reason why ****** should be penalized by losing time with me simply because ***** fails to accomplish his visitation with ******. That would not be taking ******’s best interest into account.

Again, the only way I would possibly be willing to even consider such a change is if you can provide me the compelling evidence of how an adverse affect, due to the Wednesday overnights. Please let me know what you decide.
******* *********
I am afraid that at the moment, I am letting my anger get the better of me. I don't like the fact that her lawyer has implied that my time with my daughter is a privilege . Is my respose over the top.
 


LdiJ

Senior Member
What is the name of your state? Maryland



I did contact the courthouse yesterday, and was told that the “amended” motion, where I asked for 50/50 has actually been dismissed, but the clerk I spoke with could not tell me why. I will be calling today to ask for a copy of the letter she said had been sent out.

Here is my response, which has not been sent yet.

I am afraid that at the moment, I am letting my anger get the better of me. I don't like the fact that her lawyer has implied that my time with my daughter is a privilege . Is my respose over the top.
I don't understand what you are negotiating about. Does mom want your time to be on the same schedule as her other child's father's time? If so, that's not unreasonable or illogical on mom's part, as long as it doesn't give you any less time than you are entitled to have.

You are over-reacting to the term "privilege"....or misinterpreting how the attorney is using it. We often say here that visitation is a privilege rather than a requirement. When we say that we mean that its something that you are entitled to have, but not required to exercise.

Unless there is some special reason why you really need or want to have Wednesdays, rather than Tuesdays or Thursdays, its a little over the top to fight over that.
 

ProSeDadinMD

Senior Member
I don't understand what you are negotiating about. Does mom want your time to be on the same schedule as her other child's father's time? If so, that's not unreasonable or illogical on mom's part, as long as it doesn't give you any less time than you are entitled to have.

Unless there is some special reason why you really need or want to have Wednesdays, rather than Tuesdays or Thursdays, its a little over the top to fight over that.
Wednesdays are what I have now. ...She:rolleyes: ... want's to eliminate those. My daughter's sister's father doesn't utilize his visitation(Tuesday one week, Thursday the next, and some form of EOW) at all. When he did, we agreed between ourselves to allow both my daughter and her sister to have "visitation"(I'm starting to hate that word) on the same evenings specifically so that they would be together on the other nights. I don't see why, simply because her sister doesn't go on visitation, my daughter and I should be penalized.
 

stealth2

Under the Radar Member
Since it is so important for the two sisters to have time with one another, why not offer to take the sister when her father doesn't exercise his time? ;)
 

LdiJ

Senior Member
Wednesdays are what I have now. ...She:rolleyes: ... want's to eliminate those. My daughter's sister's father doesn't utilize his visitation(Tuesday one week, Thursday the next, and some form of EOW) at all. When he did, we agreed between ourselves to allow both my daughter and her sister to have "visitation"(I'm starting to hate that word) on the same evenings specifically so that they would be together on the other nights. I don't see why, simply because her sister doesn't go on visitation, my daughter and I should be penalized.
How are you being penalized? How do you know that the other father hasn't started exercising his visitation?..or hasn't indicated that he intends to do so?

However my main question is honestly how does this penalize you and your daughter? Its the same amount of time..just on a different night then Wednesday.
 

ProSeDadinMD

Senior Member
I think you are missing my point....

How are you being penalized? How do you know that the other father hasn't started exercising his visitation?..or hasn't indicated that he intends to do so?

However my main question is honestly how does this penalize you and your daughter? Its the same amount of time..just on a different night then Wednesday.
I do not have a problem with a Tues/Thurs schedule as opposed to a Wednesday schedule. We did that for 2+ years on a verbal agreement. I would not have a problem with returning to that.

I do , however, have a problem with ...her:rolleyes: ... wanting to eliminate my midweek overnight visitation altogether, which is what ...she:rolleyes: ... has filed to do.
 

fairisfair

Senior Member
maybe you need to have another child, since it is SO important that this child always be with her sister. What the heck is that all about?? Many families are combined families, where children go different directions on different weekends. What if your ex has another child, by another man, will you then be expected to lessen your time with your daughter so that she can constantly be with THAT sibling as well.?? or so that father's parenting time matches your own? Just MHO but I think it is a big ole crock of crap.
 

ProSeDadinMD

Senior Member
maybe you need to have another child, since it is SO important that this child always be with her sister. What the heck is that all about?? Many families are combined families, where children go different directions on different weekends. What if your ex has another child, by another man, will you then be expected to lessen your time with your daughter so that she can constantly be with THAT sibling as well.?? or so that father's parenting time matches your own? Just MHO but I think it is a big ole crock of crap.
I agree completely, fair.

I have added a line to the second paragraph regarding the sister relationship.
Conversely, if ***** were to begin utilizing his visitation with ****** again, I would have no problem with returning to the Tuesday/Thursday overnight schedule that we had agreeed to in the past.
And LdiJ, the reason that I know that the other father is not doing visitation is beacuase ...she:rolleyes: ... and my daughter have both told me.
 

casa

Senior Member
What is the name of your state? Maryland



I did contact the courthouse yesterday, and was told that the “amended” motion, where I asked for 50/50 has actually been dismissed, but the clerk I spoke with could not tell me why. I will be calling today to ask for a copy of the letter she said had been sent out.

Here is my response, which has not been sent yet.

I am afraid that at the moment, I am letting my anger get the better of me. I don't like the fact that her lawyer has implied that my time with my daughter is a privilege . Is my respose over the top.
How idd your motion get dismissed??? Was there a hearing??? :confused:

I agree with LdiJ to tone the response down a tad....and try not to get tangled up in the verbiage...bc your alternatives seem fair & reasonable *IMO*

The sibling bond IS very important- and courts are recognizing this more & more. Especially re; children of divorce. HOWEVER, the fact that child #2's dad isn't visiting shouldn't impact child #1's visitation. I don't see how they've managed to rationalize that you should lose a day only bc the other child's father is not currently visiting. I mean, what- Mom can't have some 1-on-1 time with her other child while your child is with you? That seems ridiculous. Too many parents & children are blended families nowadays to make that seem even remotely plausible.

I liked the idea of switching Fri. for Wed. and that eliminates the homework allegation ALTOGETHER. Did you contact the child's teacher yourself & ASK if there's been any homework issues? It would help if you could reply that you've been assured by your child's teacher that homework is not a problem. I think the homework topic is a bit over the top also...geeesh! My little one does her homework with her Daddy in the park sometimes. :cool:

How goes everything else?
 

ProSeDadinMD

Senior Member
How idd your motion get dismissed??? Was there a hearing??? :confused: ?
The person I spoke with couldn't answer that. I have to go to the Courthouse to get a copy of the letter that they said was sent.
I liked the idea of switching Fri. for Wed. and that eliminates the homework allegation ALTOGETHER. Did you contact the child's teacher yourself & ASK if there's been any homework issues? It would help if you could reply that you've been assured by your child's teacher that homework is not a problem. I think the homework topic is a bit over the top also...geeesh! My little one does her homework with her Daddy in the park sometimes. :cool:
I have email from her teacher from January that says:
Mr. *********,

***** is very aware of her behavior and has made great strides with remaining on task. At times, she does need to be redirected. But what 2nd grader doesn’t at times need some gentle reminders? Her homework scores have improved and her overall on task behavior is getting better too. I’d be more than happy to meet with you in person to discuss any concerns or questions you may have.
As well as emails from ...her:rolleyes: ... with statements like:
....However, she is doing average for her class and is putting forth effort to improve. I would like to add that this is how she has started every school year since Kindergarten...
and
Her report card was an improvement. Her grade for writing is a little misleading. I speak w/ Mrs. ******* on a regular basis and ****** has made progress.
The first is from 10/20/06 and the second is from 2/10/07.

On a side note, I just got off the phone with a lawyer I am considering consulting with and was "informed" that e-mails are not admissible, and that I would need to subpoena my daughters second grade teacher. Is this true?

I'll do that if that's what I have to do, but I have been trying to keep people like that personally uninvolved.:(
 

Ohiogal

Queen Bee
Emails from your child's second grade teacher are not admissible because they are hearsay. Emails from "her" may be as they are not hearsay but there may be another reason they would fail to be admissible. So yes you would have to subpoena the teacher.
 

ProSeDadinMD

Senior Member
Emails from your child's second grade teacher are not admissible because they are hearsay. Emails from "her" may be as they are not hearsay but there may be another reason they would fail to be admissible. So yes you would have to subpoena the teacher.
What about a notarized written statement? I ask, because while I already know what the teacher will say, I am not anxious to have my daughter stand out in her head as a kid with "troublesome" parents.
 

LdiJ

Senior Member
What about a notarized written statement? I ask, because while I already know what the teacher will say, I am not anxious to have my daughter stand out in her head as a kid with "troublesome" parents.
No, that won't do. The teacher has to be able to be cross-examined.

I really am unclear as to exactly where you stand legally, as far as the sequence of events. I even went back and looked at some of your old threads, and there wasn't a clear picture.

It might be helpful if you gave us a history/outline of the recent court case.
 

casa

Senior Member
The person I spoke with couldn't answer that. I have to go to the Courthouse to get a copy of the letter that they said was sent.

I have email from her teacher from January that says:

As well as emails from ...her:rolleyes: ... with statements like:

and

The first is from 10/20/06 and the second is from 2/10/07.

On a side note, I just got off the phone with a lawyer I am considering consulting with and was "informed" that e-mails are not admissible, and that I would need to subpoena my daughters second grade teacher. Is this true?

I'll do that if that's what I have to do, but I have been trying to keep people like that personally uninvolved.:(

Are the e-mails from the teacher from her personal e-mail (ie;home acct)? Or, are they via a website/page of the school?

Did you notice the teacher mentioned the child's 'pattern' was this way @ the start of every year?

If you want the teacher to give testimony- ask her. If she won't, subpoena her. I know it's frustrating to feel like you are the 'problem parents' ...and have you thought beyond that, to ask for a mtg with the child's school counselor? It's an interesting surge in this bc it 'sidesteps' obstinate joint legal parents...and the counselor's training is increasing year by year bc of it. Just a thought.

OK, long day, perhaps I missed something...any other questions? Did you read ALL relevant info re; MD Family/Domestic Law @ www.deltabravo.net yet?
 
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