question from signspinner

[Proserpina]

What is the name of your state (only U.S. law)? FL & WI

PM from signspinner

(I don't really answer PMs like this, so I posted it here)

--------------

Today, 05:31 AM
signspinner
Member

Join Date: Dec 2010
Posts: 116
Preponderance of evidence?

is everything in a custody case decided by a preponderance of evidence? How easy is it for one party to be awarded primary cp on testimony alone?
how much should I be talkin to the TEMP GAL?
does mom have status quo now even tho she got it by the illegal move an interference of custody?
jus curious lawyer has not got back to me yet!!!!
thanks in advance for a informative reply.

 

[Proserpina]

Preponderance of evidence?

is everything in a custody case decided by a preponderance of evidence? How easy is it for one party to be awarded primary cp on testimony alone?
how much should I be talkin to the TEMP GAL?
does mom have status quo now even tho she got it by the illegal move an interference of custody?
jus curious lawyer has not got back to me yet!!!!
thanks in advance for a informative reply.

"Best interest" is generally the standard for determining custody and many factors - evidence, testimony etc., - will be weighed.

Credibility is important. If one parent is found to be more credible than the other, then that speaks for itself and will likely carry quite a bit of weight in court. Can custody be awarded based solely on testimony? Absolutely.

The GAL is looking out for your child - not you or Mom. So it's best to be honest.


Have you actually gone ahead and hired an attorney, or are you talking about your ex's attorney?

 

[signspinner]

trying to hire limited appearance.

the gal told me to get a tele-conference with WIS lawyer.....called several and they all refered me to the gal....well that doesnt work lol....callled more and got one that said "oh I know _____ the gal in your case lemme talk to him and Ill get back to you" that was friday!

Im just worried the court will take custody away as easy as they put a restraining order in.

this would be alot easier if I had our child for the last 6 1/2 months!

So tired!

do two good Grandparents trump a perfectly fit dad?

I was trying not to open anymore new threads cause to be honest it usually ruins my day!!!!! but i am going to work at the beach today so should be good and I am gonna make it a great day nonetheless!!!! surfs up too!!! thanks pro. I look foward to getting into the custody issues when juris is resolved!!!!!

 

[mistoffolees]

this would be alot easier if I had our child for the last 6 1/2 months!

It would also be a lot easier if you had gotten an attorney months ago as virtually everyone suggested.

Have you retained an attorney YET?

 

[cappadocia]

Just move to Wisconsin, Saladspinner!

Use the same unshakable tenacity you demonstrated to bungle your case and find a job and a home up there so that you can be close to this child. Exchange this tug-of-war for a healthy co-parenting situation where both parents who are "good enough" are close to and well-engaged in the upbringing of this child.

 

[gr8rn]

It would also be a lot easier if you had gotten an attorney months ago as virtually everyone suggested.

Have you retained an attorney YET?

Cosignd, agree, absolutely, etc, etc.

And as far as credibility goes, oh well.

 

[Proserpina]

I agree, spinner, that moving to WI is likely the best option for you at this point.

You have previously expressed a willingness and the ability to do so - honestly, that would be something I'd consider very seriously if it were me. Many parents would chop off a limb to have that option. You DO have the option!

You've got to stop making this about you versus Mom. Did Mom do wrong? Yes, she did. But this has been mishandled now that it's just a big old mess and that's not helping your child at all.

I truly think there comes a point where it's wiser to wave the white flag - particularly when it's about the welfare of a child.

 

[signspinner]

so be near child!!!!!?

Yup!!!!! That will prolly happen!


How to move and not look like an ass to the courts?????


any advice on that!!!!!


I do want to move near my daughter and parent her. I dont want to look like an idiot tho!!! Im willing to take my chances with what I see as a Mom Favorable state!

Well we shall see what i do next?!

Im workin on a lawyer....

 

[mistoffolees]

Yup!!!!! That will prolly happen!


How to move and not look like an ass to the courts?????

You already look like an ass to the courts. Just for once in your life do something to IMPROVE your chances of spending time with your child.

I do want to move near my daughter and parent her. I dont want to look like an idiot tho!!!

Too late - so stop worrying about it. Just do what needs to be done.

Sheesh.....

 

[Proserpina]

Yup!!!!! That will prolly happen!


How to move and not look like an ass to the courts?????


any advice on that!!!!!

That quite frankly is the absolute LEAST of your worries.

Well, ok, if you do the right thing now there's a chance that some clerk somewhere along the way might think "Hey, do you remember that one dude who tried filing all kinds of motions and really messed up and then did the decent thing and turned out to be a decent Dad? Yeah? I hope he's doing ok these days".

But otherwise? Yeaaaaah.

I do want to move near my daughter and parent her. I dont want to look like an idiot tho!!! Im willing to take my chances with what I see as a Mom Favorable state!

Well we shall see what i do next?!

Im workin on a lawyer....

So...saving face is more important than being a parent to your child?

I don't think I have any words for that.

 

[signspinner]

Gettin it!!!

without quoting you guys,

I think i get the points you have made!

I think they are GREAT points too!

I am actively seeking seasonal posistions in The Dairyland!!!!

Feeling better, and I understand saving face is the least of my worries as a pro se litigant!!!

I did not realize in the begining this would be like trying to eat alaskan king crab with chop sticks only!!!!

 

[mistoffolees]

I did not realize in the begining this would be like trying to eat alaskan king crab with chop sticks only!!!!

A more precise analogy would be that everyone told you that if you wanted to eat king crab legs [fight for custody/visitation] that you should use the correct utensils [an attorney] while you insisted on doing it with chop sticks [pro se].

 

[>Charlotte<]

I think when one starts having to use analogous crab legs, it's gone about as far as it can go.

 

[signspinner]

lil update....

filed for new judge after appointment of 2nd judge.....got 3rd judge now....out of judges!!!!
I like the 3rd one.....

 

[RRevak]

filed for new judge after appointment of 2nd judge.....got 3rd judge now....out of judges!!!!
I like the 3rd one.....

Oh brother *smacks hand to forehead*...you're an idiot and I sincerely hope your child leans far more towards moms side of the gene pool as its clear you're so far in the shallow end of yours that you just climbed out.