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Paternity and for related relief

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mommamia1

Junior Member
What is the name of your state (only U.S. law)? fl
May of 96 found out I was pregnet and in June father got extradited to PA; we kept in contact thru letters while he was in jail. In October of 96 father sent me a letter stating friends of his had told him that I lost the baby so he no longer wanted to resume a relationship and that was the last I heard from him till 2001.I had our son in January of 97. In 2001 I was on public assistance so they tracked him down and strarted proceeding to establish cs. In May 02 we appeared in court and he decided he wanted to see his son; so son visited father everyother weekend. (no court order for visititation) All was good even his wife was baby sitting my other two kids while my husband and I worked. In 2004 father and his wife had an incident with violence while all my children where there. So I informed the father that his wife would not be baby sitting any longer and that our son will not visit him at his home untill there is a visitation agreement in place with provisions to secure the saftey of our son and that he was more than welcome to visit him at my home anytime he wished. Well since 2004 father has only seen son 5 times. Father finally filled for Paternity and for related relief on 10-02-09; father notified me that he was doing it because I had the copy of the paternity test he needed to file with the petition. I kept track online with the clerk of courts the case status and noticed the summons was returned unserved. Knowing that it would take a while for a process server to catch up to me because of my 6 day work week; I went up to the court house and got copies of the petition and parent plan filed. I also notified the father by phone not to worry about reserving me just mail me the papers. I filed answer and all the other papers and sent him copies like we are required. Father has yet to mail me any copies of the papers filed in case with the exception of notice for trial that I recieved 10-30. I turned in to the court an objection for trial because I have no copies of the paper work he filed and sent him a copy of it as well. On 11-5 the court sent letters out assigning mediation and if we don't wish to attend mediation and go to trial we have 10 days to object. Can I object to mediation at this time untill father provides me with the copies that he filed with courts and that not send us to trial? Yes he has filed the compliance of mandatory disclosure on 10-2.
 


Gracie3787

Senior Member
What is the name of your state (only U.S. law)? fl
May of 96 found out I was pregnet and in June father got extradited to PA; we kept in contact thru letters while he was in jail. In October of 96 father sent me a letter stating friends of his had told him that I lost the baby so he no longer wanted to resume a relationship and that was the last I heard from him till 2001.I had our son in January of 97. In 2001 I was on public assistance so they tracked him down and strarted proceeding to establish cs. In May 02 we appeared in court and he decided he wanted to see his son; so son visited father everyother weekend. (no court order for visititation) All was good even his wife was baby sitting my other two kids while my husband and I worked. In 2004 father and his wife had an incident with violence while all my children where there. So I informed the father that his wife would not be baby sitting any longer and that our son will not visit him at his home untill there is a visitation agreement in place with provisions to secure the saftey of our son and that he was more than welcome to visit him at my home anytime he wished. Well since 2004 father has only seen son 5 times. Father finally filled for Paternity and for related relief on 10-02-09; father notified me that he was doing it because I had the copy of the paternity test he needed to file with the petition. I kept track online with the clerk of courts the case status and noticed the summons was returned unserved. Knowing that it would take a while for a process server to catch up to me because of my 6 day work week; I went up to the court house and got copies of the petition and parent plan filed. I also notified the father by phone not to worry about reserving me just mail me the papers. I filed answer and all the other papers and sent him copies like we are required. Father has yet to mail me any copies of the papers filed in case with the exception of notice for trial that I recieved 10-30. I turned in to the court an objection for trial because I have no copies of the paper work he filed and sent him a copy of it as well. On 11-5 the court sent letters out assigning mediation and if we don't wish to attend mediation and go to trial we have 10 days to object. Can I object to mediation at this time untill father provides me with the copies that he filed with courts and that not send us to trial? Yes he has filed the compliance of mandatory disclosure on 10-2.
It's best to go ahead and mediate. You can ask for the papers at that time.
 

mommamia1

Junior Member
thanks
I have a qustion about the parenting plan. My son has high out of pocket medical costs that is not covered by my insurance. I am paying $181 (2,000 down)a month for braces, $207 co pay for his growth hormone, every three months he has 3 specialty docs co pay $75 each and MRI's every 6 months co pay $425. On the petition it has petitioner requests that unisured medical/ dental expenses for the child be paid by father and mother each pay one-half. Does this just mean if u don't have insurance or does that mean for co pays aswell? I have filed a motion to deviate.
 

LdiJ

Senior Member
thanks
I have a qustion about the parenting plan. My son has high out of pocket medical costs that is not covered by my insurance. I am paying $181 (2,000 down)a month for braces, $207 co pay for his growth hormone, every three months he has 3 specialty docs co pay $75 each and MRI's every 6 months co pay $425. On the petition it has petitioner requests that unisured medical/ dental expenses for the child be paid by father and mother each pay one-half. Does this just mean if u don't have insurance or does that mean for co pays aswell? I have filed a motion to deviate.
Uninsured medical expenses would include copays.
 

mommamia1

Junior Member
thanks. The father has reserved 4 hours for mediation and we each have to pay our share before we go in; but I don't have $400 what will happen? I'm willing to make payements, this will not make me in default will it?
 

LdiJ

Senior Member
thanks. The father has reserved 4 hours for mediation and we each have to pay our share before we go in; but I don't have $400 what will happen? I'm willing to make payements, this will not make me in default will it?
You need to borrow the 400.00 from somewhere and make payments to whomever you borrow it from.
 

mommamia1

Junior Member
A fellow co worker suggested I ask the court to waive my portion due to my financial situation; can u do that? And father informed me if I do not give permisson for his wife to go into mediation with him this will be going to trial! I'm baffled on that one; not really sure how to respond.
 

Isis1

Senior Member
A fellow co worker suggested I ask the court to waive my portion due to my financial situation; can u do that? And father informed me if I do not give permisson for his wife to go into mediation with him this will be going to trial! I'm baffled on that one; not really sure how to respond.
you can request a fee waiver, it's up to the judge to grant it.

if dad says he HAS to have his wife in mediation, then you stand your ground and go to trial!!

i have a few words to respond for him.....but i don't want to soil my record with getting banned.
 

mommamia1

Junior Member
He didn't even ask if his wife could; he just made that statement to me when we where talking on the phone. I would think their would be a law or rule that only the parties pertaining to the case could participate in it.
 

Isis1

Senior Member
He didn't even ask if his wife could; he just made that statement to me when we where talking on the phone. I would think their would be a law or rule that only the parties pertaining to the case could participate in it.
you make sure you let the mediator know that crazy lady is NOT invited.
 

Isis1

Senior Member
ok; just wasn't sure what the big deal was if his wife is there or not.
honestly, it can turn into a big deal. the reason you say NO now, is to let her AND dad know that crazy lady should not be interferring. you give her a toe in the doorway, and it could turn out she takes the whole office with her. don't let it start. from the very beginning.
 

mommamia1

Junior Member
I got my order appointing mediation today dated for 12-15 for 2 hours. Hopefully we will be able to get in there and come to a agreement. If we do come to an agreement will the agreement be enforceable at that time or does a judge have to sign off on it first. The reason I am asking is because I have planned for the father to have son for the second half of Christmas day at 2:00pm untill the night before school resumes; but I'm insisting on having provision in it that the parties agree that they shall not consume alcohol, non-prescription, or illicit drugs for a period of eight hours prior to or during any visitation with the minor child. And I know parties have 10 days after mediation to change their minds to the agreement.
 

Ohiogal

Queen Bee
I got my order appointing mediation today dated for 12-15 for 2 hours. Hopefully we will be able to get in there and come to a agreement. If we do come to an agreement will the agreement be enforceable at that time or does a judge have to sign off on it first. The reason I am asking is because I have planned for the father to have son for the second half of Christmas day at 2:00pm untill the night before school resumes; but I'm insisting on having provision in it that the parties agree that they shall not consume alcohol, non-prescription, or illicit drugs for a period of eight hours prior to or during any visitation with the minor child. And I know parties have 10 days after mediation to change their minds to the agreement.
So you will not ever take a Tylenol when your child is with you? Or a midol? Or cough medicine? Or Nyquil? And you will never drink alcohol-- at all, even a sip or a toast -- while your child is with you? That is NOT a good clause.
 

mommamia1

Junior Member
Any thing I ask for in a clause goes both ways; its not just one sided. Thank you for pointing out about the motron I should take out the non-prescripton drugs. And no I would not have a sip; I'm positive I'll live without it. If I want to drink I'll do it when he's not here.

My question is: if we come to a agreement is the agreement enforecable at the end of mediation or does it only become enforceable when judge signs it?
 

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