Still having issues

[lisagr33]

What is the name of your state? TN

Sorry that I haven't posted in a while. I have had a lot going on.

In November 2007, the order that was signed by the judge in December 2006 was thrown out and my ex-husband's lawyer removed himself from the case since he is the mayor of the county I live in now. The only order that is in place now is the original order from 2000 when we divorced. I have some questions about this whole thing.

First, since the order from 2006 was thrown out, we go by the original order in 2000, right?

Second, we are still following the co-parenting time from the order that was thrown out, how can that be if it was thrown out?

Third, I had co-parenting time with our children this past Thanksgiving and my ex-husband said that if I wanted to see our children, I would have to drive all the way to SC to get them and pick them up. I realize that is where he lives now, but when the original order was filed in 2000, he lived here. Does that make a difference?

Fourth, my ex-husband refuses to communicate with me regarding major issues such as medication changes. We have joint custody. When questioned about it, he said that it was neither of our decisions but the doctor's decision. If the doctor changed it without discussing it with him, couldn't the doctor get into trouble?

My attorney is not answering my phone calls and we still don't have a current parenting plan. Should I just show up at his office?

Thanks for any advice or help. It will be much appreciated.

 

[Ohiogal]

What is the name of your state? TN

Sorry that I haven't posted in a while. I have had a lot going on.

In November 2007, the order that was signed by the judge in December 2006 was thrown out and my ex-husband's lawyer removed himself from the case since he is the mayor of the county I live in now. The only order that is in place now is the original order from 2000 when we divorced. I have some questions about this whole thing.

Okay.

First, since the order from 2006 was thrown out, we go by the original order in 2000, right?

Yep unless you both agree to something else.

Second, we are still following the co-parenting time from the order that was thrown out, how can that be if it was thrown out?

Because sometimes adults can actually be adult and do things without a court order if it is in the best interest of the children.

Third, I had co-parenting time with our children this past Thanksgiving and my ex-husband said that if I wanted to see our children, I would have to drive all the way to SC to get them and pick them up. I realize that is where he lives now, but when the original order was filed in 2000, he lived here. Does that make a difference?

What does the original order state about transportation?

Fourth, my ex-husband refuses to communicate with me regarding major issues such as medication changes. We have joint custody. When questioned about it, he said that it was neither of our decisions but the doctor's decision. If the doctor changed it without discussing it with him, couldn't the doctor get into trouble?

Did the doctor make the decision to change the medication and dad agreed to it and you are asking why it wasn't discussed with you BEFORE the medication change? or why you weren't informed about it?

My attorney is not answering my phone calls and we still don't have a current parenting plan. Should I just show up at his office?

How often have you tried to contact your attorney? Over what period of time? Have you called 12 times in three days or have you called 12 times in the month of January? Showing up may not help especially if your attorney is in court.

Thanks for any advice or help. It will be much appreciated.

Please answer my questions and I will try to provide you with information.

 

[lisagr33]

here are the answers

Okay.



Yep unless you both agree to something else.



Because sometimes adults can actually be adult and do things without a court order if it is in the best interest of the children.





What does the original order state about transportation?

The original order has nothing in it about transportation, but when it was my co-parenting time, I would drive 15 minutes to his mom's house where he was residing at the time to pick up our children.

Did the doctor make the decision to change the medication and dad agreed to it and you are asking why it wasn't discussed with you BEFORE the medication change? or why you weren't informed about it?

I spoke with the doctor after the second change of medication. A little background. Our son was on Concerta from August 2004 to January 30, 2007. On January 30, 2007 he was changed from Concerta to Ritalin. Two weeks later he was changed from Ritalin to Adderall and was on Adderall from February 13, 2007 to September 2007. In September 2007 he was changed back to Concerta. The doctor said that the reason the medication was changed was because our son was showing emotional problems. I guess that it was discussed with ex and he agreed before discussing it with me and the fact that I was informed about the change after the fact.

How often have you tried to contact your attorney? Over what period of time? Have you called 12 times in three days or have you called 12 times in the month of January? Showing up may not help especially if your attorney is in court.

I have called him about 8 times this month. His paralegal usually will return my calls but lately that has not happened. I know that he has other clients and other court cases.


Please answer my questions and I will try to provide you with information.

Does that help?

 

[Ohiogal]

Does that help?

It helps but you most likely won't like what I have to say.

The original order has nothing in it about transportation, but when it was my co-parenting time, I would drive 15 minutes to his mom's house where he was residing at the time to pick up our children.

Then you have status quo that you pick up the children. He can argue status quo. YOu can argue he moved however since he did move then you should have filed for a modification of the parenting plan.

I spoke with the doctor after the second change of medication. A little background. Our son was on Concerta from August 2004 to January 30, 2007. On January 30, 2007 he was changed from Concerta to Ritalin. Two weeks later he was changed from Ritalin to Adderall and was on Adderall from February 13, 2007 to September 2007. In September 2007 he was changed back to Concerta. The doctor said that the reason the medication was changed was because our son was showing emotional problems. I guess that it was discussed with ex and he agreed before discussing it with me and the fact that I was informed about the change after the fact.

But you were informed. Your ex has a point that it was done with the doctor's opinion and on the doctor's expertise. You were aware that your child was gong to this doctor and you did not fight this doctor before then correct? As in go back to court to force a change of doctors or raise objections with your ex regarding the care the child was getting. Your ex made a decision. Should he have talked to you? Yes. Will a court find him in contempt? Maybe. What harm did this do to your rights with your child? How were you damaged by the child's medication being changed? Or are you just angry because he didn't get your permission before agreeing with the doctor regarding the change in medication? Have you disputed the change in medication with the doctor?

I have called him about 8 times this month. His paralegal usually will return my calls but lately that has not happened. I know that he has other clients and other court cases.

Do you have an OPEN court case or was everything closed? If everything was closed and you owe him money, well I would suggest you pay him. Second, 8 times in one month? He may not have time to take your case. Some attorneys get extremely busy and cannot always call their former clients quickly. Not an excuse but an explanation.