Changing visitation order?

[meinnocenthah]

What is the name of your state (only U.S. law)? CA

The judge in my case was out right wrong to do what he did...he ordered OVERNIGHT visitation with a 4 month old child (father has never been in her life) ...They get to take her from friday through Monday... Circumstances will be changing this week, i start a new job working M-F 8-5pm I wont get to see my daughter basically becuase they will have her on my free time...im breastfeeding also.

visits have not started yet and i have no proof of entry of judgment...do i have to release her with no judgment in place yet?... the judge did not specify when visits start... he did specify child support though.

How do i get the orders changed? How do i request a diffferent judge to take a look at the case and maybe get them to reconsider/amend the ruling? i know there is motions to vacate, set aside, reconsider ect...how do i go about them?...the judge who ruled also did not uphold the laws regarding the best interest of the child at all..i belive there was some misconduct between the judge and the other party which gave me no fair shot...

can we go to mediation and create a better parenting plan and submit it to the court?..the father and i should be the ones to agree on a plan for our baby...we should have the right to change judgments in the best interest of the child...

my lawyer and i are totally open to communication...his lawyer is being a jerk and will not communicate with us regarding the situation and the child...the other lawyer has made it impossible to communicate about the child...

 

[gr8rn]

You need to purchase an electric breast pump. Do not rely on the battery operated or the manual pumps. They just don't work like the electric ones do. Check your insurance benefits, you may be eligible for reimbursement for at least part of the cost.

 

[meinnocenthah]

My insurance doesnt cover crap. Its state medi-cal

 

[Sunnyone83]

This is not an argument of breastfeeding and visitation, just offering some knowledge.
A mom to a 4 month of child will find it nearly impossible to keep a valid supply and continue to breastfeed for a significant amount of time if she must pump mon-fri while at work, and every weekend, all weekend including overnight during the weekend. Maybe this isn't so for OP, but 4 month breastfeeders don't tend to sleep through the night, they typically wake to nurse. The supply will also not be established enough yet for mom to pump this much and keep up a supply enough for baby while breastfeeding and while away unless mom's body responds well to the pump which is really not typical.

ETA: Mom's supply is likely also not been established enough to not pump while at work and on weekends and still be able to nurse when with child. Usually this isn't able to happen until baby is at least about 10-12m old.

 

[Sunnyone83]

If you are on wic or can get on wic they will most likely give you an electric pump.

 

[Antigone*]

Didn't we cover this yesterday???

Eta...yes we did. I am using a blackberry and can't cut and paste link but the title of the thread was biased judge unfair trial or something like that.

 

[Proserpina]

What is the name of your state (only U.S. law)? CA

The judge in my case was out right wrong to do what he did...he ordered OVERNIGHT visitation with a 4 month old child (father has never been in her life) ...They get to take her from friday through Monday... Circumstances will be changing this week, i start a new job working M-F 8-5pm I wont get to see my daughter basically becuase they will have her on my free time...im breastfeeding also.

Can't you pump?

visits have not started yet and i have no proof of entry of judgment...do i have to release her with no judgment in place yet?... the judge did not specify when visits start... he did specify child support though.

Are you trying to withhold visitation?

How do i get the orders changed? How do i request a diffferent judge to take a look at the case and maybe get them to reconsider/amend the ruling? i know there is motions to vacate, set aside, reconsider ect...how do i go about them?...the judge who ruled also did not uphold the laws regarding the best interest of the child at all..i belive there was some misconduct between the judge and the other party which gave me no fair shot...

What did the judge do wrong? What kind of misconduct? Please try to be specific....because there must be an error of law. You disagreeing with what happened isn't a reason to appeal.

can we go to mediation and create a better parenting plan and submit it to the court?..the father and i should be the ones to agree on a plan for our baby...we should have the right to change judgments in the best interest of the child...

my lawyer and i are totally open to communication...his lawyer is being a jerk and will not communicate with us regarding the situation and the child...the other lawyer has made it impossible to communicate about the child...

So, when you asked your lawyer these questions...what were you told?

 

[Proserpina]

Didn't we cover this yesterday???

We would've, but she decided to NOT answer the questions asked of her...

So OP - please answer the questions you were asked yesterday. They ARE important.

 

[Antigone*]

My insurance doesnt cover crap. Its state medi-cal

My hard earned tax dollars at work. How nice to see that you appreciate what you don't pay for .

Try paying for your own health insurance. I pay over $400 a month and consider myself lucky.

 

[meinnocenthah]

Can't you pump?

No, i dont have adequate supply to pump and nurse.. ive only been breastfeeding for 3 months, the first month i couldnt due to being on medication that the doctor did not want passed on to the child.



Are you trying to withhold visitation?

No way. I love her father alot.. but ive screwed up alot too.


What did the judge do wrong? What kind of misconduct? Please try to be specific....because there must be an error of law. You disagreeing with what happened isn't a reason to appeal.

I dont disagree with what happened, but the judge basically did not even consider any of the evidence presented by my lawyer. I believe there was some misconduct as far as between the judge and the other parties attorney.. i cant pin point it, but something was not right... the attorney and the judge were acting very strange..and the attorney for the other side never really addressed the child, only attacked me for being on Medi-cal, for working Part time and for living with my mom (but my ex lives with his mom/dad and hes 30..)


So, when you asked your lawyer these questions...what were you told?

I was told that what the judge did was wrong, there were alot of legal errors in the trial proceedings as far as whats in the best interest of the child, i did not get a fair trial, and he flat out said the judge was being prejudice/bias against me over the verbal domestic violence evidence we presented..Verbal Domestic Violence is hard to prosecute in criminal court and the DA here chose not to pursue a trial at this time where he instead just plead and took a plea bargin and supposedly from the judges perspective thats my fault... The lawyer i had is a previous DA prosecuter out of Los angeles and he said domestic violence is hard to pursue to a jury trial if there is no physical injuries.. he is now a family law attorney locally, he doesnt deal with appeals if i go to appellate court. My attorney has tried contacting the other parties attorney, and the other parties attorney refuses to speak to him..has basically gone off on him and wont help the situation...He believes the other attorney is acting on his own and not by what my ex wants.

and i do not qualify for WIC, i make too much Money.

 

[meinnocenthah]

and in regards to the other questions from my other post

"OK this I'm calling into question - exactly WHAT are you being tested for?"

Im being tested for Autism, Schizophrenia, and bipolar. My other child i have is autistic. Schizo/bi polar/epilepsy all run in my family on my dads side.....

Im just finally accepting that i need to find out whats mentally wrong with me so i can get better..Ive had problems learning, keeping relationships, i over react to every little thing, i tantrum, im depressed, i cry alot.. and i just want to know why these things are happening to me...I love my ex very much even with the things he has done to me... but its prolly my fault due to my actions and behaviors.

 

[Proserpina]

I was told that what the judge did was wrong, there were alot of legal errors in the trial proceedings as far as whats in the best interest of the child, i did not get a fair trial, and he flat out said the judge was being prejudice/bias against me over the verbal domestic violence evidence we presented..

If your attorney told you this, why aren't you asking him/her these questions?

If your attorney didn't tell you this, who did tell you?

Verbal Domestic Violence is hard to prosecute in criminal court and the DA here chose not to pursue at this time and supposedly from the judges perspective thats my fault...

If there have been NO convictions, what you said here is NOT accurate.

"violated the law (fam code sec 3044 in the best interest of the child no custody should be awarded to a perpetrator of domestic violence) The guy even threatened to kick my ass three days prior to the babys birth...
"

 

[meinnocenthah]

you quoted wrong...read what i wrote about the domestic violence conviction..He plea bargined and got off easy (which is still a conviction? if he plea bargined with the DA) it never went to a jury trial, they felt they couldnt take it that far successfully (but thankfully he took the plea...they werent sure if he would)

Im ot 100% sure if a plea is a conviction or not? He took the DAs offer...

I have it in an email where my ex threatend to kick my ass a few days prior to the babys birth...that was the biggest thing the DA got him on...


Its late, and my attorney is not available..but i just want other opinions also...The attorney i used is a limited scope attorney i hired him for representation for the hearing only.. but hes still helping me as much as he can with what happened..i will rehire him if i have to.

 

[Proserpina]

you quoted wrong...read what i wrote about the domestic violence conviction..quote]

You said:

He has alot of domestic violence convictions over the last year (20 or so in one long case)... the only thing they could not convict him on was the sexual battery...but the DV they had plenty of proof since he did it via emails and in front of my kids/family. He plea bargined and was req. to take the batterer intervention program and do communtiy service

So, again, how many DV convictions does he actually have? 20? 1? What did he plea to exactly?

Im ot 100% sure if a plea is a conviction or not? He took the DAs offer...

I have it in an email where my ex threatend to kick my ass a few days prior to the babys birth...that was the biggest thing the DA got him on...

An email threat ended up in a conviction for domestic violence?

Its late, and my attorney is not available..but i just want other opinions also...The attorney i used is a limited scope attorney i hired him for representation for the hearing only.. but hes still helping me as much as he can with what happened..i will rehire him if i have to.

Seriously - you need to be talking to your attorney. Nobody here has your case file and nobody can guesstimate the decision-making tendencies of local judges.

 

[meinnocenthah]

you quoted wrong...read what i wrote about the domestic violence conviction..quote]

You said:



So, again, how many DV convictions does he actually have? 20? 1? What did he plea to exactly?

An email threat ended up in a conviction for domestic violence?

Seriously - you need to be talking to your attorney. Nobody here has your case file and nobody can guesstimate the decision-making tendencies of local judges.

1-conviction on 20 counts i guess is a better way to explain it?... I think he plead to the charges as being guilty, but since he had no record he got off with having to attend some counseling program and some community service

Email was proof that he did it, he also did it in front of my Mother who made a statement when i reported the threat.