Ugh, rmet4nzkx.....
ok, maybe ya missed something in my endless postings. But, my ass was saved yesterday in court. I do believe the hearing has been set to a "short cause calendar" or an "evidentary hearing", the date I don't know yet. That's what I was going to ask for, should I have showed up yesterday. So, that I could present my evidence.
and write this down, rmet4nzkx;
1. she has finished 4 of the 12 sessions so far (therapy)
That's a start.. however when were you ordered to do them and how often have you gone. I mean were these 4 sessions in a short period or were they very spread out and when was the last? It's only 1/3 of what was ordered but depending on the situation, as I said, a start.
2. she hasn't smoked since august 2002
Another good sign.
3. father has violated current custody/visitation orders and is a repeated filer
for wanting all custody terminated, every time I pitch a fit about his
his endless violations of the court orders, ex:
a) changed the child's school of attendance (told child don't tell mom)
Do you have proof that he told the child not to tell you OTHER then the child's mouth? How did you find out about the change and how long from the time of the change did you find out? This in itself without proof might not be considered a violation.
b) doesn't 1st let me know about what he's enrolling our son into,til
afterwards(stipulation in current orders state:must 1st tell other
parent)
And maybe he has proof he tried.. if not.. still in the end although it could be a violation in custody issues it could be a minute situation... making mountains out of molehillls so to say. More then likely you can be told that you just don't have to make the child go on your time.
c) moves to a different town, literally waits to have the apartment set
up, then tells child to call me and give me new address (i never
even knew he had intentions of moving, farther away)
This is not a violation unless he moves either A. outside the jurisdiction (meaning usually county or state). As long as you have the information then that's all he's required to do and by your post he does get the address and phone number too you. In fact even if he moved out of the county it might not be a violation. Absent any move away clause in an order the state of Indiana allows a parent to move 100 miles away without court and/or parent approval.
d) put my son into therapy and refused to tell me what, if any issues
my son was having to warrant the need of therapy (50% legal custody)
Do you know who the therapist is? You have a right to contact the therapist. The only real violation here could be putting him in the first place, however, he can get out of that one by saying the child really needed it... and maybe not giving the therapist access to you.
e) I wrote 5 letters reminding him of the court orders and to follow them
No, you wrote him 5 letters between 3 to 7 pages long BIT**ING at him about violations and DEMANDING he do things.
f) has been recording all my phone conversations with my son that i've
been having.
Do you have proof outside your son possibly saying so? Maybe your ex even told you but you yourself said he's a liar... you have to have proof he's taping your son and you .
g) while awaiting the arrival of my son, on my visitation days, he at times
has taken the child to his parents house 80 miles away and then
claims, I was inagreement with him doing so, i must have forgotten he
says.
And can you prove differently?
h) refused to let me take my son to the dentist when he broke his tooth
because it was on his time..for me to wait til my next visitation
And did he take the child to the dentist? You might not be able to use that he refused to allow you to do it on his time, but if he never did it you could possibly use that. However, it would also have to be proven he never called a dentist or never attempted to get the child in if in fact he didn't take the child.
i) has committed perjury in a major way within latest filing, yep i can
disprove about 18 statements that he made within in.
