AZIAN72 Response to your closed thread

[BelizeBreeze]

#1 Today, 11:05 AM
Azian72
Member Join Date: Jun 2006
Location: Louisiana
Posts: 73

Filing petition on custody & visitation, BelizeBreeze... need your opinion

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What is the name of your state? Louisiana

I opened a thread and wasn't specific, my situation is I have 3 kids, I'm 33 years old, my first 2 are 13 & 15 yrs old, from my ex-husband. We have no problems. My baby is 7 months old, and this is the situation. We lived together for 2 1/2 yrs... separated due to a lot of domestic violence. My job took me to New Mexico, I came to Louisiana for business and we got back together, Dec. 2004. On Feb 12th, he drove to New Mexico to spend valentine's day with me. Took my kids to the store and bought me ring, asked to make a baby together, actions were showing a big change in who he used to be, to he had grown into. He left on Feb. 19th, back to Louisiana, to go back to work. My job had an opening in Louisiana, an hour away from my home town, so I came back for the interview in on March 6th, 2005... when I tolk him then that I would be transfering back, he out of the blue says, "he wasn't ready for me to move back", my gut instinct told me something was wrong. Needless to say, I found out that I was pregant around March 16th, 2005, and told him, my other 2 kids father lives in Louisiana and we all were looking forward to moving back. I had a rough pregnancy, Severe fatigue, couldn't work, during the pregnancy, I found out that he was with 2 other women, which I have e-mails on this. He played games, manipulative, I wouldn't have accepted him coming to New Mexico, if I would have known that he was with 2 other women. Now I decided not to have an abortion, my choice. Thru the pregnancy, he was very verbally abusive, degrading me, etc. When the baby was born, I put everything aside and to eliminate the drama, respected his wish to be on the birth certificate. The baby is 7 months old now, and I want to stop the drama, late night poundings on the door, calling police all the time, etc. Coming around saying it's not just about the baby, and other nonsense. I can prove that he was manipulative, and would that not make an impact on his characteristics? Mental abuse is hard to prove, but I kept a journal, every time he would call or what he would say, the things he would do, have statements from my neighbors on the pounding on the door and window at night. need some advice

The only answer to your questions are the following:

File for a no contact order. have it served on him and make sure it stipulates he is to stay 500 yards away and have no personal and/or electronic contact.

THEN file for legal custody and support. Although you do not have to have an attorney, it is advisable.

As for his lying and games, they mean nothing. Even if you could prove mental abuse towards you, it has nothing to do with his ability and right to parent the child.

 

[seniorjudge]

The only answer to your questions are the following:

File for a no contact order. have it served on him and make sure it stipulates he is to stay 500 yards away and have no personal and/or electronic contact.

THEN file for legal custody and support. Although you do not have to have an attorney, it is advisable.

As for his lying and games, they mean nothing. Even if you could prove mental abuse towards you, it has nothing to do with his ability and right to parent the child.

Crazy people have a lot of energy.

 

[AHA]

BB, don't forget to obey her order of an apology from you:

https://forum.freeadvice.com/showthread.php?t=322645&page=2

Today, 03:32 PM
Azian72
Member Join Date: Jun 2006
Location: Louisiana
Posts: 76

Quote:
Originally Posted by BelizeBreeze
If you EVER want another response from me you will delete this answer and stop such in the future.


You never responded to my last... and you do seem to have the knowledge. I apologize if I offend you, but you offended me as well, call me a jack a**... is that necessary? Now are you reasonable to apologize to me for that rudeness? I highly doubt it, but the private messages are working just fine for me, but just voicing my opinion, if you want me to delete this, then respond and apologize, or let me speak my peace...

 

[Azian72]

Thank you...BB

much appreciated... BB
One thing though, CJane's parental plan and the petition I am drawing up, only have a couple differences. the age is until he is 1 year of age. and that there's no alcohol around the child by either party or profanity to be used around or at the child by either party. Last, no overnight stays unless married by either party. So, you think that plan would work, but not mine?

 

[Ithildriel]

much appreciated... BB
One thing though, CJane's parental plan and the petition I am drawing up, only have a couple differences. the age is until he is 1 year of age. and that there's no alcohol around the child by either party or profanity to be used around or at the child by either party. Last, no overnight stays unless married by either party. So, you think that plan would work, but not mine?

Good luck on the alcohol and profanity thing.

Some history on CJane's parental plan...Dad only wants 10 days a year, and no overnights. That is not a normal infant schedule. It is based on what he wants. You were told to check out deltabravo.net, to get some ideas of what a normal parenting plan is. You are not going to walk in with CJane's plan and get it. Forget about it.

 

[Ohiogal]

much appreciated... BB
One thing though, CJane's parental plan and the petition I am drawing up, only have a couple differences. the age is until he is 1 year of age. and that there's no alcohol around the child by either party or profanity to be used around or at the child by either party. Last, no overnight stays unless married by either party. So, you think that plan would work, but not mine?

The profanity thing will NOT work and no judge will order it. It is impossible to enforce and a violation of the First Amendment. The overnight stays unless married will also not work. At least not phrased that way. No overnight stays by non related indiiduals of the opposite sex. Of course if either one of you switch teams ...
No alcohol around the child will not work either. No alcohol use by either parent during the time the children are with them is a better way of phrasing it. Alcohol around the child? Good grief. You can't take them to some grocery stores or restaurants or even birthday parties or family picnics. You can't control people that are NOT a party to the parenting agreement.

 

[Azian72]

Good luck on the alcohol and profanity thing.

Some history on CJane's parental plan...Dad only wants 10 days a year, and no overnights. That is not a normal infant schedule. It is based on what he wants. You were told to check out deltabravo.net, to get some ideas of what a normal parenting plan is. You are not going to walk in with CJane's plan and get it. Forget about it.

I'm not walking in with her plan, because it is different in our state, I said they were similar. I also, did ask that he provide a crib, toys and other necessities.

 

[Silverplum]

Good luck on the alcohol and profanity thing.

Some history on CJane's parental plan...Dad only wants 10 days a year, and no overnights. That is not a normal infant schedule. It is based on what he wants. You were told to check out deltabravo.net, to get some ideas of what a normal parenting plan is. You are not going to walk in with CJane's plan and get it. Forget about it.

Not to mention the fact that CJane *HAS* been reading and learning here for quite some time. Not just stomping around like a buffalo-gorilla, demanding "help" while acting quite rude to the "locals."

 

[BelizeBreeze]

I'm not walking in with her plan, because it is different in our state, I said they were similar. I also, did ask that he provide a crib, toys and other necessities.

As you have been told, profanity and drinking....forget it.

The court cannot control morality.

What you CAN do is add a no-cohabitation clause that will restrict overnight guests not related by blood and/or marriage while the child is in residence and each party must provide an approved child seat before transfer.

 

[Azian72]

CIVIL SUIT NUMBER____________________​

Petitioner 30th JUDICIAL DISTRICT COURT
VS. PARISH OF ______________
Defendant STATE OF LOUISIANA
FILED:________________________ _____________________________
DEPUTY CLERK OF COURT

PETITION FOR CHILD CUSTODY AND VISITATION

The petition of _____Blank_______, a major domiciliary and resident of ________ Parish, Louisiana, with respect represents:

1.​

That made defendant herein is ______Blank__________, a person of the full age of majority, who will accept service of process of this petition.

2.​

Petitioner and defendant have lived together for approximately two and a half (2 ½) years until on or about November 02, 2003 when they physically separated and have lived separate and apart, since that time.

3.​

The relationship between petitioner and defendant has been on and off until approximately May 20, 2006.

4.​

Of the relationship between petitioner and defendant, one (1) child was born, namely, _____________________, born November 2, 2005.

5.​

Since November 4, 2005, the minor child has resided in the home of petitioner.

6.​

From November 5, 2005, until May 20, 2006, defendant visited with the minor child on a very sporadic basis.

7.​

That petitioner desires that the parties be granted the joint care, custody, and control of the minor child, _______________, with petitioner,___________, being designated as the primary custodial parent subject to visitation in favor of defendant, ________________, to be determined by this Honorable Court.

 

[stealth2]

It's pretty funny that you apparently cohabited with him, and are now trying to make cohabitation an issue. Don't count on the judge buying that.

 

[Azian72]

As you have been told, profanity and drinking....forget it.

The court cannot control morality.

What you CAN do is add a no-cohabitation clause that will restrict overnight guests not related by blood and/or marriage while the child is in residence and each party must provide an approved child seat before transfer.

I disagree, I have been researching and in a lot of the public records, show that the alcohol abuse, & overnight stays have been granted. I can give you some case #s if you would like tomorrown afternoon... This parish, as well as the parish below us, are harsh are those 2 things.

Edit: That's my petition, but I'm still researching, to do it just right.

 

[Ithildriel]

I'm not walking in with her plan, because it is different in our state, I said they were similar. I also, did ask that he provide a crib, toys and other necessities.

Cribs and toys are not necessities. I have a friend whose 1 year old hasn't spent a single night in a crib.

 

[Silverplum]

I disagree, I have been researching and in a lot of the public records, show that the alcohol abuse, & overnight stays have been granted. I can give you some case #s if you would like tomorrown afternoon... This parish, as well as the parish below us, are harsh are those 2 things.

Wow. As I have always suspected, Louisiana IS very weird: stacking counties ~ called "parishes" ~ ATOP each other!

 

[Ithildriel]

I disagree, I have been researching and in a lot of the public records, show that the alcohol abuse, & overnight stays have been granted. I can give you some case #s if you would like tomorrown afternoon... This parish, as well as the parish below us, are harsh are those 2 things.

Edit: That's my petition, but I'm still researching, to do it just right.

Get all the case numbers you want, who and how is no drinking and profanity around the child going to be enforced?