Custody Modifications/Contempt of Court/Unsupervised/3rd Degree Rape

[nlmart02]

What is the name of your state? KENTUCKY

I have seen alot of things at the fathers party's mothers house as far as the child being there.

Unsupervised visits. children from 15 months - 8 years outside in a pool unserpervised
I have witnessed this I have also ran off the back porch ( 8 months pregnant ) and got fathers sisters kid from the pool ( no one out side ) 3 years old fell off a float and couln't get his footing. I reached into the pool and beat on his back till I got to the porch get water out of his lungs he couldn't get his hand griped to the side of the pool. I took him inside ( i was shaking ) told them what had happened his mother said oh he's fine their mother said I'm sure she would have freaked to if she would have seen it. hardly any reaction out of them over the ordeal. I could only amagine on my child wheh they are like that on theirs.

Father ( 24 ) consented sexual relations with a 15 year old. ( was 14 ) a year later she finds out that he has a girl living with him so she gets mad and talks. Currently father is under investigation awaiting trial on 3rd degree rape...
has had our son around the 15 year old with witnesses saying that the 15 yr old was incouraged to have our son call her mom, as well as tell him that she is her mother not me and teling our son ( parton the french ) to come back calling me a bitch. So he did come home saying " you bitch "

Contempt of court I called the police and talked to them about current investigation with rape charge. said they have enough to push through to convict him. I have a medical record of days things wrong with our son when he would come back from his weekend visitations. everytime time he would come home he would be sick
throwing up majority
flea bites always
allergic to flea bites once
hand foot and mouth disease
stomach virus Majority
running nose ( green discharge ) only thing I could think of here was the pool being unsanitary
diarriea constantly maybe three four times he come back he didn't have this

at once
fever
stomach virus ( throwing up )
flea bites
allergic reaction to flea bites
ear infection ( in both ears )
hand foot and mouth disease ( unkonwn markings on his hands and feet like he had stood on a crate, tender hurt to walk on, swelled and peeled )

at once ( LAST VISIT )
fever
stomach virus ( throwing up ) ( also throwing up white mucus )
diarreah ( two weeks straight )
Green disscharge (from runny nose)
ear infection
Flea bites

I have a stack of medical records on these ( all events )
( NOTE )
Has not been to the ER once since his last visit

I called every social service dept. from my home town to frankforttold them I couldn't send him anymore. I was contacted by one ( On friendly note ) asking me if I was still holding visitations, I told her I was she told me about something that has been brought to her attention but hasn't completely went through yet, and thought I might already know what it was but she didn't want to ( or wasn't at liberty ) to say what it was. on that note she told me it would be wise to continue with holding visitations and if he take me to court fight him.

as is we have Joint custody ( never discussed just granted ) ????
standard every other weekend

( WITHEALD )

he's sueing for
timeshar/custody ( does not state what percent )
that I pay his lawyer fees as well as any other fees he sees fit
STATEMENT
The petition ( myself ) has failed to compliy with the provisions of said Order of Visitation, providing for Respondent to have Visitation with the parties' said infant child as aforesaid, in that she has repeatedly and continuously denied Respondent the opportunity to visit with said child. whereby Respondent has had no such visitation since July 7th 2006

Now on that statement was sent to me as being false.
I have never denied him any time to see our child I have allowed for him to seee him at any time he wished. If he didn't come I would call every two weeks to see whens the next time he could come see him.
( NOTE )
He has this girl living with him, which he comaplains about all the time, She is on drugs.
His father is also on drugs and sells it as well.
( brought up before on father but nothing ever came about it )
isn't there something that I can claimm a drug testing on him and his family Including his g/f who is in the house hole with her three kids?

now abit about me and us

I'm 20 I am a full time student at a university
I spent over a year fighting my way to get into town so I could go to school
I spent three months ( two weeks after my second son ) getting my ged and act tests done and signed up for achool and went that semester.

If I have his lawyer fees and timeshare goes through I will lose child support if thats the case I have to leave town and move in with a family member which in turn means I have to quit school and pay back the money for that as well as his lawyer fees and court cost so on.
I have talked to the father about this he thinks LITTERALLY thinks that he's fighting for the standard visitation. I asked him how he was gonna sue me for his lawyer when his mom bought him and she has all kinds of money and he wants the child support back to pay his lawyer. He asked me where it said that because thats not what he was doing. but thats what it states. ( on turns means he has no idea what his mother and the lawyer have talked about or even why he's going to court )

if you need to know anything else I'm happy to anwser any questions.
Just keeping my boys safe and getting through school to make a better life for them.
I don't know what I would do if I'd have to quit and knowing that my son is going to be in this mess again.

 

[CJane]

Your post is nearly impossible to understand.

You need to post exactly what his motion states.
You need to be clear on whether or not he has ever been denied visits pursuant to the existing court order.
You need to be clear about what EXACTLY your issues are with regard to the safety of your child - the child's age would help.

You also need to understand that quite often, the judge looks at things like this:

You chose to have sex with this man, knowing a child could result.
You chose to have unprotected sex with this man, knowing a child could result.
You chose to continue the pregnancy and give birth.
You chose to keep the child once it was born.
You chose to name him as the father.
You've ALREADY proven to the court that you think he's quality father material, so it's an uphill battle unproving that.

What, exactly, do you WANT to accomplish?

 

[LdiJ]

If he goes to jail on the rape, you are going to be losing your child support anyway.

As far as the rest is concerned, it sounds to me like you need an attorney.

 

[nlmart02]

I don't have the resources to get a lawyer, ( he's wanting me to pay for his )
I have tryed for legal aid in my county, ( they are always to busy , and don't have time to take my case ) ( have tryed for over 2 years )


Can I get the case postponed since he is on trial?
He said his lawyer said this case has nothing to do woth him being on trial for rape charge.
( all though he has had my son around him ) she ( 15 year old ) has told my neice ( 10 )how many times they have had sexual relations and that my kids were going to be her. )

I only am going up against him, his mother, and his lawyer.....
I am here on how I can get this through to protect my boys......
I know how they are and I know this may get twisted.....

his mother since I was 16 told me that I didn't need to go back to school. when I found out I was pregnent mentioned to her I wanted to go to college she talked me out of it sayiing I had a kid and I can't handle school.
I now have two boys ( 2 years going to court over now ) ( 5 months )
I went back to school I am in college and if I get this money taken away won't be able to finish my semester....
It is what she wants right there...

I have threats from them bribes from them and when I don;t give into them they turn on me and do whatever they can to hurt me....

 

[CJane]

Can I get the case postponed since he is on trial?

You HAVE to respond to his motion w/in a certain time frame. Once you've done that, you can request that any hearings be suspended pending his trial - but you can only do that if he's actually being charged, and you're not real clear about that.

He said his lawyer said this case has nothing to do woth him being on trial for rape charge.

Stop talking to him about anything except the child.

Have you denied him visits? You claim in this thread that he's never been denied, and yet in another claim that you did deny him visits, but a social worker told you to.

you need to get your story together and answer some questions.

 

[nlmart02]

Comes the respondent to the councel and states the following:
1 that by order of paternity enetered herein on june 5th 2005 respondent was ajuded the natural father of Child born to the petitioner on oct**************.. 2004

2 that by order of visitation entered herein on june 6, 2005 petitioner and respondent were granted joint custody of said infant child with petitioner being designated as the primary care giver

3 the pursuant to the terms of said order of visitation respondent was granted the right to visit with the parties' said infant child each saturday from 10 am to 7 pm beginning june 11th 2005 and every other sunday from 10 am to 7 pm beginning june 12th 2005 to comtinue untill further orders of the court the parties' were ordered to follow the 21st juditial visitation schedual with the exceptions of paragraphs 1,2, and 3 and effective january 6th 2006 visitation was to be extended to everyother weekend from friday at 6 pm to sunday at 6 pm untill further orders from the court.

4 the petitioner has fail to comply with the provisions of said order visitation provideing for respondent to have visitation with parties' said infant child as aforesaid in that she has repeatedly and continusly denied respondent the oppertunity to visit with the said chils whereby respondant has had no such visitation since july 7th 2006

( I would like to add here that this statement is false he has come to see our child on several accounts I have never stoped him from comming to see his child not once )

5 that petitioner is and should be found contempt of court for her failure to comply with the court orders said order of visitation providing for the respondent to have regular visitation with the parties' said infant child ordered

6 that petitioner should be required and directed to comply with the visitation provisions of said order of visitation and any subsequent orders entered herein accordingly she should be ordered to allow the respondent to visit with said child in accordence with the courts orders pertaining to such visitation.

7 that the respondent desired that he be granted the right to have timesharing/visitation with the parties' said infant child in accordence with the courts " visitation Schedual " amd " rules for visitation " attached herein

8 that respondent desires that the visitation provisions of said order of visitation to be modified to provide the respondent shell have the right to have timesharing/visitation with the parties' infant child in accordence with the court said visitation scedual and rules for visitation

WHEREFORE respondent moves the court as follows:

1 for an order finding the petitioner in contempt of court for her failure to comply with the visitation provisions of the order of visitation entered herein on june6th 2005

2 for an order compelling the petitioner to comply with the visitation provisions of said order of visitation and any subsequent ordered entered herein and accordingly ordering petitioner to allow respondent to visit with the parties' said child in accordence with the courts orders pertaining to such visitation

3 for an order modifying the visitation provisions of said oprder of visitation to provide that respondent shall have the right to have timesharing/visitation with the parties said infant child in accordence with the courts visitation schedual and rules for visitation

4 for his costs expended herein, including attorney's fees and for all other just and proper relief to which he may be appear entitled.

 

[nlmart02]

You HAVE to respond to his motion w/in a certain time frame. Once you've done that, you can request that any hearings be suspended pending his trial - but you can only do that if he's actually being charged, and you're not real clear about that.



Stop talking to him about anything except the child.

Have you denied him visits? You claim in this thread that he's never been denied, and yet in another claim that you did deny him visits, but a social worker told you to.

you need to get your story together and answer some questions.

I have never denied him the right to see/visit his son. I have denied that our son go with him......


She talked I have talked to the officer and said they have all they need. he will be tried....

his trail is a week before our court date. How can I post pone our court date due to his trail?

 

[nlmart02]

Your post is nearly impossible to understand.

You need to post exactly what his motion states.
You need to be clear on whether or not he has ever been denied visits pursuant to the existing court order.
You need to be clear about what EXACTLY your issues are with regard to the safety of your child - the child's age would help.

You also need to understand that quite often, the judge looks at things like this:

You chose to have sex with this man, knowing a child could result.
You chose to have unprotected sex with this man, knowing a child could result.
You chose to continue the pregnancy and give birth.
You chose to keep the child once it was born.
You chose to name him as the father.
You've ALREADY proven to the court that you think he's quality father material, so it's an uphill battle unproving that.

What, exactly, do you WANT to accomplish?

we had mediation we agreed Supervised visitaionm Other then his mothers house due to his fath doing and dealing indrugs ( fact )
it was posted that the visitations were to be at his mothers. they do not supervise the children there,

with rape charge... Yes they have the evidence to charge im as well as I have a copy of converstaion between me and is mother ( on his sisters acount ) that the 15 year old had spent the night with him. ( he cheated on me with her ) ( as well as lied and told me him and his g/f were split up and came here for three nights and stayed for me to find out when he went home that they weren't )
The 15 year old has talked she is turning him in.... he's 24

with that said ( I have the right to withhold visitation while he is underinvestigation ( at the time ) Now he is being trid )

I have medical records of everytime he has came back from fathers sick... ( not once been in the er since Visittaion withheald ( er almost everytime ) )

 

[nlmart02]

Your post is nearly impossible to understand.

You need to post exactly what his motion states.
You need to be clear on whether or not he has ever been denied visits pursuant to the existing court order.
You need to be clear about what EXACTLY your issues are with regard to the safety of your child - the child's age would help.

You also need to understand that quite often, the judge looks at things like this:

You chose to have sex with this man, knowing a child could result.
You chose to have unprotected sex with this man, knowing a child could result.
You chose to continue the pregnancy and give birth.
You chose to keep the child once it was born.
You chose to name him as the father.
You've ALREADY proven to the court that you think he's quality father material, so it's an uphill battle unproving that.

What, exactly, do you WANT to accomplish?

we had mediation we agreed Supervised visitaionm Other then his mothers house due to his fath doing and dealing indrugs ( fact )
it was posted that the visitations were to be at his mothers. they do not supervise the children there,

with rape charge... Yes they have the evidence to charge im as well as I have a copy of converstaion between me and is mother ( on his sisters acount ) that the 15 year old had spent the night with him. ( he cheated on me with her ) ( as well as lied and told me him and his g/f were split up and came here for three nights and stayed for me to find out when he went home that they weren't )
The 15 year old has talked she is turning him in.... he's 24

with that said ( I have the right to withhold visitation while he is underinvestigation ( at the time ) Now he is being trid )?

I have medical records of everytime he has came back from fathers sick... ( not once been in the er since Visittaion withheald ( er almost everytime ) )

 

[nlmart02]

Your post is nearly impossible to understand.

You need to post exactly what his motion states.
You need to be clear on whether or not he has ever been denied visits pursuant to the existing court order.
You need to be clear about what EXACTLY your issues are with regard to the safety of your child - the child's age would help.

You also need to understand that quite often, the judge looks at things like this:

You chose to have sex with this man, knowing a child could result.
You chose to have unprotected sex with this man, knowing a child could result.
You chose to continue the pregnancy and give birth.
You chose to keep the child once it was born.
You chose to name him as the father.
You've ALREADY proven to the court that you think he's quality father material, so it's an uphill battle unproving that.

What, exactly, do you WANT to accomplish?

********************************************************************************************************************************************.....

Supervised Visitation at the social services dept. thats all I want is to know my son is going to be safe.....

 

[GrowUp!]

I have never denied him the right to see/visit his son. I have denied that our son go with him......

Umm...same thing.

Listen...you have been told you need an attorney. Most people do not have the resources to afford an attorney, but we all get funds needed when we need one. Many attorneys/firms offer payment plans and take credit cards. Quite frankly, your case is waaaayy too detailed. A lawyer is a must.

 

[nlmart02]

Umm...same thing.

Listen...you have been told you need an attorney. Most people do not have the resources to afford an attorney, but we all get funds needed when we need one. Many attorneys/firms offer payment plans and take credit cards. Quite frankly, your case is waaaayy too detailed. A lawyer is a must.

I have no credit cards I have no credit. I have no way to get a lawyer.
For the fact he has a lawyer he's sueing for me to pay for, don't I get one automaticly? Cause legal aid said they can't take my case!

 

[CJane]

GAWD.

Ok. You HAVE denied visitation if you've denied him having the child from 6pm on Friday to 6pm on Sunday. So yeah, his request that you be found in contempt is totally justified and EXACTLY what just about anyone here would advise him to do.

He's requesting that you be ordered to follow the current order (EOW) and be ordered to stop interfering with his relationship with HIS child. Completely reasonable.

He's requesting that the order be modified to follow the 'standards' of the court. Again, completely reasonable.

You do NOT have the 'right' to withhold visitation until he's tried. The court order says 'Until further order of this court.' Guess what? The court hasn't ordered anything differently.

IF he's convicted, you stand a chance of getting supervised visits - or visitation suspended pending counseling/time served. But right now... YOU ARE in contempt of the order and you SHOULD expect to be ordered to pay at least a portion of his attorney's fees if the judge finds in his favor.

You NEED an attorney. If you have to borrow money from everyone you know, get payday loans, sell your car, whatever. You NEED to have representation because honestly, you are not capable of representing yourself against his accusations.

 

[nlmart02]

GAWD.

Ok. You HAVE denied visitation if you've denied him having the child from 6pm on Friday to 6pm on Sunday. So yeah, his request that you be found in contempt is totally justified and EXACTLY what just about anyone here would advise him to do.

He's requesting that you be ordered to follow the current order (EOW) and be ordered to stop interfering with his relationship with HIS child. Completely reasonable.

He's requesting that the order be modified to follow the 'standards' of the court. Again, completely reasonable.

You do NOT have the 'right' to withhold visitation until he's tried. The court order says 'Until further order of this court.' Guess what? The court hasn't ordered anything differently.

IF he's convicted, you stand a chance of getting supervised visits - or visitation suspended pending counseling/time served. But right now... YOU ARE in contempt of the order and you SHOULD expect to be ordered to pay at least a portion of his attorney's fees if the judge finds in his favor.

You NEED an attorney. If you have to borrow money from everyone you know, get payday loans, sell your car, whatever. You NEED to have representation because honestly, you are not capable of representing yourself against his accusations.

How can I postpone the hearing untill his trail?

 

[CJane]

How can I postpone the hearing untill his trail?

You HAVE to respond to his motion. You HAVE to do this properly, using the correct format and language. This response will need to be filed with the court.

You state that his trial is scheduled for a week before your hearing. If this is true, then it will be over and done with before your hearing. If it's not, you need to show up for the hearing and request a continuance pending the outcome of his trial.

You NEED an attorney. Sell a kidney.