What is the name of your state IL (only U.S. law)?
This is a long one, knowing I truly need some advice and recommendations to continue with this Custody petition. Sorry for being so long, however this is only a snapshot of the history behind my ex's behavior.
I'm currently trying to seek custody of my son since July 2009. My son lives with his mother in CA, home sate is IL and we shared joint custody. I have been in court over the last 6 years upholding my visitation, knowing the MODIFY visitation provision from 2004 clear states my visitation with my Son. My ex's lawyer would just try to twist and turn the verbiage to their advantage. Essentially I have spent 60K in the last 6 years upholding my visitation forcing me to represent myself today.
I just finish a visitation hearing in April 09 regarding my ex's failure to send my Son for Christmas 08. You have to love how long this process takes. Essentially the courts order my ex to pay $3500.00 for each visitation violation going forward. I also believe the Judge realized my relationship with my son is not the best, knowing my ex's continuing visitation interference, brainwashing and manluplation of a non-custodial relationship. He essentially stated we are role models to our kids and we must make sure our Son has a loving and healthy relationship with both parents. The Judge was correct on how he address the court room that day, he didn't take sides on the obvious, he address us equally and stated it better change going forward or there will be serious consequences.
This is how the temp custody petition begins. June 2009, 45 days after our Christmas 08 visitation ordeal, my ex was arrested for a DUI with my son in the car, going 90-MPH, 2- loaded handguns in the front seat and a BAC of .13. This incident took place 10hrs away for my ex's residence. My son was placed in a foster home for 4 day until they could decide what was best for my Son. The reason for this was, my ex was pulled over Friday evening and CPS would start the investigation on Monday. The big reason for this was my ex told Police and CPS was Son's last name was her boyfriend's and she continued to lie to them regarding her story and what happen. CPS stated her story just didn't add up... CPS did send my son to me on that Tuesday, knowing he was already schedule to fly to IL that Thursday for his summer break. (CA has year-around school) Good for Divorce Parents, see your child/children more often, 3-5 times year depending on holiday schedules.
Stating my Son's last name was her boyfriends clearly undermining the IL court recommendations in April. (You would think)
It gets better; please note the IL court has the CPS report, Police report and Docket regarding her charges and convictions. The following is what was in the CPS report. My son stated I was his Stepfather and my ex's boyfriend was his Father and he continued to debate this with CPS. My ex also told my son not to talk or say anything to CPS. My ex's boyfriend stated, "they want me to lie, but I will not" essentially stating he was my Son's father. However he stated he was my Son's Stepfather, knowing CPS ran a report and my ex's own Mother stated they were not married. They also found vicodin's and she tested positive for vicodins through a CPS test. Also so many lies came out of thiss report form her positions in past court appearances. ( most lies were stated in my July petitioin, Oct or Nov Affidavidt's
Also, From the April hearing my Son is seeing a psychologist to improve his relation with me and the court wanted feedback from the Doctor. I finally was able to get a progress report submitted to the court for my November appearance. The report is somewhat vague, although it does put my ex in a negative light, knowing one position in the report, the Doctor was going to stop seeing my Son due to my ex- wife interfering with his recommendations and trying to speak with me one on one. The Doctor truly knows what my ex is all about and he even has a vested interest regarding this custody pet and the outcome.
So, the IL court wanted to see charges and reports from my July appearance and sent my Son back to his Mother knowing I had no documents at the time. The Court was not allowed to call CPS to get the facts, although the Judge changed my temp custody petition to a permanent custody petition.
I was able to submit the CPS report and charges in Oct. I just had a Nov appearance knowing the court wanted to see convictions of her actions. I was able to get the docket and police report for this appearance. The Judge stated I had allot of hearsay info in my November Affidavit, I didn't know state agency reports become hearsay, especially police report and CPS Report. From my November Appearance, my ex submitted a motion to change venue to California. I now need to repsond to thier motion within 21-days
This is my concern and frustration. After all these request from the Judge, CPS report, charges and then convictions, all the past problems with visitation, his position from the April hearing and changing my Temporary. Petition to a Permanent petition. I find hard to believe he would even consider a change in venue. Knowing if this happens, this will put the "nail in the coffin" regarding my relationship with Son. I just don't have the means, financially and just time off work to address her continuing problems 2000 miles away in the CA courts.
This is why I need some advice on how to write the response and just curious how Southern California court would address this Custody Petition. Maybe it beeter I go to Cal and just finally end this whole mess. I just can't beleive after all the facts and lies I exposed for this judge to see, I thought he would just do something, not wipe his hands clean from it.
This is a long one, knowing I truly need some advice and recommendations to continue with this Custody petition. Sorry for being so long, however this is only a snapshot of the history behind my ex's behavior.
I'm currently trying to seek custody of my son since July 2009. My son lives with his mother in CA, home sate is IL and we shared joint custody. I have been in court over the last 6 years upholding my visitation, knowing the MODIFY visitation provision from 2004 clear states my visitation with my Son. My ex's lawyer would just try to twist and turn the verbiage to their advantage. Essentially I have spent 60K in the last 6 years upholding my visitation forcing me to represent myself today.
I just finish a visitation hearing in April 09 regarding my ex's failure to send my Son for Christmas 08. You have to love how long this process takes. Essentially the courts order my ex to pay $3500.00 for each visitation violation going forward. I also believe the Judge realized my relationship with my son is not the best, knowing my ex's continuing visitation interference, brainwashing and manluplation of a non-custodial relationship. He essentially stated we are role models to our kids and we must make sure our Son has a loving and healthy relationship with both parents. The Judge was correct on how he address the court room that day, he didn't take sides on the obvious, he address us equally and stated it better change going forward or there will be serious consequences.
This is how the temp custody petition begins. June 2009, 45 days after our Christmas 08 visitation ordeal, my ex was arrested for a DUI with my son in the car, going 90-MPH, 2- loaded handguns in the front seat and a BAC of .13. This incident took place 10hrs away for my ex's residence. My son was placed in a foster home for 4 day until they could decide what was best for my Son. The reason for this was, my ex was pulled over Friday evening and CPS would start the investigation on Monday. The big reason for this was my ex told Police and CPS was Son's last name was her boyfriend's and she continued to lie to them regarding her story and what happen. CPS stated her story just didn't add up... CPS did send my son to me on that Tuesday, knowing he was already schedule to fly to IL that Thursday for his summer break. (CA has year-around school) Good for Divorce Parents, see your child/children more often, 3-5 times year depending on holiday schedules.
Stating my Son's last name was her boyfriends clearly undermining the IL court recommendations in April. (You would think)
It gets better; please note the IL court has the CPS report, Police report and Docket regarding her charges and convictions. The following is what was in the CPS report. My son stated I was his Stepfather and my ex's boyfriend was his Father and he continued to debate this with CPS. My ex also told my son not to talk or say anything to CPS. My ex's boyfriend stated, "they want me to lie, but I will not" essentially stating he was my Son's father. However he stated he was my Son's Stepfather, knowing CPS ran a report and my ex's own Mother stated they were not married. They also found vicodin's and she tested positive for vicodins through a CPS test. Also so many lies came out of thiss report form her positions in past court appearances. ( most lies were stated in my July petitioin, Oct or Nov Affidavidt's
Also, From the April hearing my Son is seeing a psychologist to improve his relation with me and the court wanted feedback from the Doctor. I finally was able to get a progress report submitted to the court for my November appearance. The report is somewhat vague, although it does put my ex in a negative light, knowing one position in the report, the Doctor was going to stop seeing my Son due to my ex- wife interfering with his recommendations and trying to speak with me one on one. The Doctor truly knows what my ex is all about and he even has a vested interest regarding this custody pet and the outcome.
So, the IL court wanted to see charges and reports from my July appearance and sent my Son back to his Mother knowing I had no documents at the time. The Court was not allowed to call CPS to get the facts, although the Judge changed my temp custody petition to a permanent custody petition.
I was able to submit the CPS report and charges in Oct. I just had a Nov appearance knowing the court wanted to see convictions of her actions. I was able to get the docket and police report for this appearance. The Judge stated I had allot of hearsay info in my November Affidavit, I didn't know state agency reports become hearsay, especially police report and CPS Report. From my November Appearance, my ex submitted a motion to change venue to California. I now need to repsond to thier motion within 21-days
This is my concern and frustration. After all these request from the Judge, CPS report, charges and then convictions, all the past problems with visitation, his position from the April hearing and changing my Temporary. Petition to a Permanent petition. I find hard to believe he would even consider a change in venue. Knowing if this happens, this will put the "nail in the coffin" regarding my relationship with Son. I just don't have the means, financially and just time off work to address her continuing problems 2000 miles away in the CA courts.
This is why I need some advice on how to write the response and just curious how Southern California court would address this Custody Petition. Maybe it beeter I go to Cal and just finally end this whole mess. I just can't beleive after all the facts and lies I exposed for this judge to see, I thought he would just do something, not wipe his hands clean from it.
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