Can't See My Girls Alone?

[LdiJ]

Then he should go for standard visitation at the VERY least unless mom can prove some reason why he should NOT have standard.

If I remember correctly they are twins and are only about 1 1/2 years old....that could be why his attorney isn't pushing for standard right off the bat.

 

[TinkerBelleLuvr]

I was the primary caretaker of the girls for the year and half that they have been alive.

From the original posting, I am going to question why in the world would he need such an abreviated parenting time. He was with them the first part of their lives ... dad needs to be pushing for much more parenting time. Find my earlier post from the bar association on suggested parenting time.

 

[fldadneedshelp]

Oh trust me, I am pushing for as much time as possible. I am just trying to be as civil as possible about this. After attending the manadatory parenting class it opened my eyes to alot of the trauma this can put on my girls, so I am definitely preceeding a little more cautious than before. That is not to say that I am going to give up the time that I want with my girls, I am just trying to be a little "nicer" about the way I am going about doing it.

However, I am definitely being treated differently in this situation as the "dad who stayed home and watched the girls" or "primary caretaker". People are treating me like I am an "a-hole" because I am even saying that or requesting majority time with my girls. I don't care what anyone says about equal rights or 50/50 in this situation, no one, and I mean no one, is giving that a shake. When I was in the mediation and said that I wanted more time with my girls than just the one weekend day, I wish you were all there to see the look of shock on the mediator's face!

 

[Ohiogal]

If I remember correctly they are twins and are only about 1 1/2 years old....that could be why his attorney isn't pushing for standard right off the bat.

And? he is dad. Not a stranger. He has every right to be with his kids as much as mom does. Regardless of their age.

 

[LdiJ]

And? he is dad. Not a stranger. He has every right to be with his kids as much as mom does. Regardless of their age.

True...but not all judges rule that way, as we all well know...and his attorney is likely to know better how his judge will rule, than we do.

 

[Ohiogal]

True...but not all judges rule that way, as we all well know...and his attorney is likely to know better how his judge will rule, than we do.

If he doesn't ask for standard however he will not get standard. He should still REQUEST it.

 

[fldadneedshelp]

Well didn't even have to ask for anything. It seems opposing counsel wanted to turn our motion into a relief hearing and making me seem like a horrible financier, rather than addressing the matter at hand. I simply spoke up and told the judge that I was the primary caretaker and it seems that is all she needed to hear. We didn't have to tell her about how many visitations were broken or how I my children were being kept from me. She ordered the girls out of daycare and that we alternate weeks of custody. Way more than I expected and certainly more than we proposed as a temporary solution during mediation.

So for at least the next 6 weeks that will be the schedule. I am definitely happy with the outcome so far, and certainly encouraged by the judge in this case!

Thanks for everyone's continued support!

 

[wileybunch]

Awesome. It sounds like your voice was a little tiny in this, but awesome that the judge heard it and you got 50/50 time.

 

[Zephyr]

awesome!!! good for you!!!

 

[Bloopy]

That's great! Shows how action goes a long way.

Slowly biases that exist in the courts can be trickled away.

 

[JacobJoel]

seeing men prevail gives me no end of hope....good for you....

 

[Gracie3787]

Well didn't even have to ask for anything. It seems opposing counsel wanted to turn our motion into a relief hearing and making me seem like a horrible financier, rather than addressing the matter at hand. I simply spoke up and told the judge that I was the primary caretaker and it seems that is all she needed to hear. We didn't have to tell her about how many visitations were broken or how I my children were being kept from me. She ordered the girls out of daycare and that we alternate weeks of custody. Way more than I expected and certainly more than we proposed as a temporary solution during mediation.

So for at least the next 6 weeks that will be the schedule. I am definitely happy with the outcome so far, and certainly encouraged by the judge in this case!

Thanks for everyone's continued support!

That's wonderful. I sure hope you continue to get the same Judge. I do alot of complaining about Florida's many biased Judges, but there are some out there that are very fair and follow the laws. I'm so happy that you got a decent Judge.

 

[Ohiogal]

Well didn't even have to ask for anything. It seems opposing counsel wanted to turn our motion into a relief hearing and making me seem like a horrible financier, rather than addressing the matter at hand. I simply spoke up and told the judge that I was the primary caretaker and it seems that is all she needed to hear. We didn't have to tell her about how many visitations were broken or how I my children were being kept from me. She ordered the girls out of daycare and that we alternate weeks of custody. Way more than I expected and certainly more than we proposed as a temporary solution during mediation.

So for at least the next 6 weeks that will be the schedule. I am definitely happy with the outcome so far, and certainly encouraged by the judge in this case!

Thanks for everyone's continued support!

I am very happy for you!

 

[haiku]

good to see a happy post here!

here is to continued good luck with co parenting!

 

[fldadneedshelp]

Well alot has transpired since I last posted after getting judges order that we should split time with girls on October 1st. Basically we have been working things out to accomodate each others schedule and letting eachother see the girls so that has been going fine. However my attorney lapsed again and I have not been able to get a response from him after countless emails and phone calls.

Basically when I hired him, he told me that he was a moreso a "mediation lawyer" and that we would be able to work everything out through mediation. After things did not go well in the mediation (see previous post) he turned to me and stated that he was not prepared nor expecting it to go past that point. However he was elated that in the following contempt motion that we got equal custody of the girls.

Since that time my wife fired her counsel and hired a new attorney....in the week following the contempt hearing. I have not been in good financial shape since all this and my attorney previously advised me that when he filed the motion for temporary relief on 8/17/07, that me getting money for my wife's sale of our marital vehicle and various other marital properties was a "slam dunk". So I kept hounding him for the past few months to find out what is going on with the motion for temporary relief. He would never answer and just say that the court had not scheduled it yet.

Depite previous post:

I have no idea. All that he said is that we cannot file for any relief until mediation and that he was going to call opposing counsel in the morning to have him speak to my wife about the visitation scenario.

If I am being jerked around here by my attorney I would obviously need to know.

He finally called me on October 31st wile I was on the way to take my girls trick or treating to let me know that he spoke to my wife's new counsel and they were open to a new mediation but they wanted my proposal first and that they wanted to appoint a "Social Investigator" to monitor my wife and I with the girls. I said fine because had nothing to hide. Then I get a call a week later from my attorney's legal assistant telling me that I owe $600 for the "Social Investigator". I told her that I was not advised of this at the time that my attorney asked me about this and I further questioned as to who requested the "social investigator". I got a call later that day from my attorney telling me that he already submitted the order agreeing to the investigator and that my wife and her counsel suggested this. I told him that there was no way would I have agreed to this if I had known all this.

Then I get a bill from my attorney for $1300 for what I do not know. This is after I had already paid him his retainer. Next, I receive in the mail a letter to the judge regarding the order that was ruled on October 1st and was supposed to finalized shortly thereafter by my attorney and opposing counsel dated 11/19/07 (a whole month and half after the order). It starts off:

Dear Judge XXXXXX,
I apologize for the delay with this order on Petitioner's motion to dismiss, heard October 1st, 2007. There have been several issues that have led to this delay. First, I could not ome to an agreement on the proposed order with opposing counsel. Then there was a substitution of counsel. Somewhere in that mix this order languished, and for that I apologize.

How unprofessional is that? Not only a month a half late, but he writes this?

Next, I receive notice that all of the sudden there is to be deposition of both my wife and I on 12/7/07 for 3 hours each.

So I call to find out what this is all about and his legal assistant tells me what it is for and that I will need to pay the outstanding $1300 before 12/7/07 because the deposition hearing alone is going to cost me an additional $1200. Eventhough I have not received any breakdown of what these fees are for.

Now today I get a letter stating that he is withdrawing as my counsel and that there is a hearing on 12/5/07 regarding this. In this letter it states that I violated my engagement agreement.

Now what do I do? How do I take action against this jerk and his nonperformance and what do I do about this deposition hearing next week, now that I have no counsel.

It's not like I have money to hire a new attorney after paying the orginal one.

Anyone please help!!!!!!!!!!