?Objections to Interrogatories and Discovery?

[DaddyDevoted]

What is the name of your state? CA/jurisdiction-MO

Hello everyone I am new here. I have lurked for a while and decided to speak up because I have a question to ask. If I am not following the correct procedure in the forum please tell me. I've read how some of you treat 'newbies' and I'm a little nervous.

Here is what led up to current events...

There is a steady history of my ex denying/delaying both my mine & my parent's visitation with my dd (darling daughter) which were both ordered and uncontested in the original custody agreement (jurisdiction being MO). I am out of state (CA). I have 50/50 joint physical & legal custody, my dd having 12 weeks summertime residence w/ me when she’s not in school and 8 weeks when she is in school. After a few years of my parents being routinely denied their visitation (one weekend per month) or after agreeing to numerous date changes of it only to find my ex did not show up with dd at the agreed upon time, my parents finally filed a Family Access Order to try and enforce it. Shortly after my ex was served she called me to ask if I could "get" my parents to drop the case if she would allow them to see dd. A week or so later my ex served me (to increase CS and to modify custody).

So, now we're in court. I submitted all of the information requested of me with no problems. When it came time for my ex to provide her information...

Objection to Interrogatories and Objections to Discovery?

What is this? She is refusing to provide financial and job information-current and past, address history of my dd, answer her interrogatories, etc.

Are these refusals a normal reaction from the person who filed the case in the first place? Will my ex be compelled to provide the needed information?



Thanks,
DaddyDevotedWhat is the name of your state?

 

[CJane]

You would have to file a motion to compel Mom to answer, and hope that the judge felt it was necessary to do-so. And then wait for her to comply, and then if she didn't, file contempt and hope that the judge told her to comply again... and then wait...

It's possible that it's just not worth it, but that's something only you can determine.

You should know that in MO, visitation w/grandparents is nearly impossible to enforce and if this goes back to court for modification, which is where you're headed, it's not going to be included unless you die in the meantime. MO statutes are pretty clear on this subject and if you search in the grandparent's rights board for posts by me in the last month or so, I"ve posted the MO statutes re: this.

Other than that, do you have an attorney in MO? What county is this in?

 

[DaddyDevoted]

You would have to file a motion to compel Mom to answer, and hope that the judge felt it was necessary to do-so. And then wait for her to comply, and then if she didn't, file contempt and hope that the judge told her to comply again... and then wait...

It's possible that it's just not worth it, but that's something only you can determine.

Ah, I see, I expected as much. I need not say the reasons my ex is not providing the information (it's fairly obvious) but in addition, she has not disclosed truthfully to her attorney about her lifestyle or past behaviors (parts of which her poor attorney has found out-in utter disbelief-during my parents' hearings). This may be an attempt at damage control on her part, who knows.... I'm no attorney or mindreader.

You should know that in MO, visitation w/grandparents is nearly impossible to enforce and if this goes back to court for modification, which is where you're headed, it's not going to be included unless you die in the meantime. MO statutes are pretty clear on this subject and if you search in the grandparent's rights board for posts by me in the last month or so, I"ve posted the MO statutes re: this.

Thank you for the information! You are very perceptive. My ex's attorney claims that while my parents' visitation was stated, they were not written in properly as Interveners into the custody agreement at the time of the divorce and therefore have no rights to visit with my dd. My parents did in fact petition for Intervenership (it was granted) and then filed for a motion to modify to clarify/reinstate their visitation but not much has happened since. We'll wait and see...and pray.

Other than that, do you have an attorney in MO? What county is this in?

Yes I do have an attorney in MO, while I now live in CA I'd never bring a CA attorney into a MO courtroom- an evil outsiderj/k. (I was raised in MO).

 

[LdiJ]

While its possible to have both joint legal and physcial custody when the parents live so far apart, its never going to be a 50/50 timeshare, so one of the parents is always going to be primary.

Its quite unusual for grandparents to be awarded any separate time with a child when both parents are active in the child's life. The assumption is that grandparents should visit on their own child's time.

Realistically something is going to change with the current court action...and realistically mom is going to get slammed for not cooperating with the necessary info for child support purposes.

However, you cannot assume that you are going to both retain joint physical custody AND a separate visitation order for your parents.

 

[CJane]

However, you cannot assume that you are going to both retain joint physical custody AND a separate visitation order for your parents.

It's unlikely.

And honestly? All mom would have to do is move out of MO. The grandparents would have no standing to stop the move.

If this goes to trial, it's going to be strictly based on best interests... which ain't gonna be cheap.

 

[DaddyDevoted]

While its possible to have both joint legal and physcial custody when the parents live so far apart, its never going to be a 50/50 timeshare, so one of the parents is always going to be primary.

Its quite unusual for grandparents to be awarded any separate time with a child when both parents are active in the child's life. The assumption is that grandparents should visit on their own child's time.

Realistically something is going to change with the current court action...and realistically mom is going to get slammed for not cooperating with the necessary info for child support purposes.

However, you cannot assume that you are going to both retain joint physical custody AND a separate visitation order for your parents.

Thanks for the reply. Thank you for putting my parents' situation in perspective for me. It's hard to hear but now I can prepare my parents for the probable outcome. I wish the phrase "Can't we all just get along?" was a reality...don't we all?



Thanks,
DaddyDevoted

 

[DaddyDevoted]

If this goes to trial, it's going to be strictly based on best interests... which ain't gonna be cheap.

You've got that right for sure!

 

[CJane]

What is her custody modification based on?

 

[DaddyDevoted]

What is her custody modification based on?

From what I know she is stating three things:

1. That I moved to CA for the purpose of education and it was supposed to be temporary-Not so. I made it very clear that it was a permanent move. The lawyer at the time of the divorce put education as my reasoning for my move (I don't know why as there were many other factors) but never stated it was temporary- because it wasn't. DD’s Mom has used the education reference verbatim to try and deny me visitation many times. I've been honest as to my move and the permanence of it since before the divorce. I should have had it stated more clearly I guess. Now the lack of clarity is biting me in the...

2. She is also claiming that she is in need for more cs for my dd.


3. She stated that she does not get to have my dd on her birthday (this has also been a constant area of contention with my ex wife and the very reason she has denied me visitation with dd for the scheduled time on two seperate occasions, demanding I take dd in the spring instead of summer so she can have her for her birthday). IMHO this is petty. Mind you the only 'holidays' I have with my dd are her birthday & 4th of July, her Mom has all other holidays, yet I have never made a peep as to that fact.


-FYI for a little background here, my dd has not lived with her Mom for the majority of the time since the divorce (only about 7 months in four years). Her Mom has lived almost an hour away from my dd at her on-&-off-again BF's home (with who’s child she was pregnant with at the time of our divorce) and other ‘friends/family mambers’ couches an such (house hopping). In fact, my dd is currently still living with her great grandparents. They continue to foot the majority of the expenses to raise my dd during the school months and receive nothing for it. The cs check doesn’t even go to their residence where my dd lives at-it goes to Mom's BF' s house an hour away. *sigh* I would happily take my dd for the school year. Of course each time my ex wife’s lack of residence/support/time with my dd is looked at my ex wife quickly moves in with my dd’s g-grandparents for a short time, and then *snap* goes right back to picking up my dd on the weekends or at her leisure from dd's g-grandparents’ home.

So, there you have it.

 

[escape2paradise]

-FYI for a little background here, my dd has not lived with her Mom for the majority of the time since the divorce (only about 7 months in four years). Her Mom has lived almost an hour away from my dd at her on-&-off-again BF's home (with who’s child she was pregnant with at the time of our divorce) and other ‘friends/family mambers’ couches an such (house hopping). In fact, my dd is currently still living with her great grandparents. They continue to foot the majority of the expenses to raise my dd during the school months and receive nothing for it. The cs check doesn’t even go to their residence where my dd lives at-it goes to Mom's BF' s house an hour away. *sigh* I would happily take my dd for the school year. Of course each time my ex wife’s lack of residence/support/time with my dd is looked at my ex wife quickly moves in with my dd’s g-grandparents for a short time, and then *snap* goes right back to picking up my dd on the weekends or at her leisure from dd's g-grandparents’ home.

So, there you have it.

You need to get proof of this. Hire a PI or something. I would ask for custody based on this. If DD is not with mom, she should be with YOU!

 

[DaddyDevoted]

You need to get proof of this. Hire a PI or something. I would ask for custody based on this. If DD is not with mom, she should be with YOU!

Yes, this is much of why she is refusing to produce documents at this time. It will draw an eye to things she doesn't want brought to attention. Well, then she should have been doing the right thing by our dd all along...not just because we're in court.

Right now I have no idea what her 'desired parenting time' is with my dd because she is refusing to answer that question. My guess is-she is going to try and shorten my summer visitation to very little while simultaneously asking fro more cs. I am asking the court to grant me a good portion of dd summer break + optional winter holiday. It is now written 12 weeks summer residence while dd isn't in school & 8 weeks when she is... I love my dd and want to see her as much a possible and be a stablity for her.

Atty feels I have a 'strong case' for full custody or at least primary care and has asked me a few times if I want to pursue with it. The catch? More $$$, LOTS more $$$ upfront. It pains me that my dd future could come down to $. If anyone has any ideas that may help me I am open. I can only assume the judge won't order more time than asked for no matter what the sitaution. Am I right?

 

[CJane]

What county in MO does this all take place in?

 

[DaddyDevoted]

What county in MO does this all take place in?

I sent the answer to your message box.