Unanswered Questions

[wolfcreekgal]

What is the name of your state (only U.S. law)? Wyoming

I appreciate all the advice given to me from my previous thread, but I still have some unanswered questions.
What are my chances if I go back to court to modify custody (my then being the CP) based on Dad just picking up and moving 1100 miles away, (with our four year old son) with only a week's notice?

Also based on Dad:

A. Allowing son to smoke cigarettes with him

B. Dad falsifying his current address

C. Dad lying in court to win custody in the first place

D. Missed visitations

E. No communication between Dad and Mom about son's well-being. When trying to communicate with Dad about this, Dad just says "He's fine" and hangs up on me.

I need to know if I stand a good chance of winning if I present evidence to support the above factors.

I have recordings of Dad stating: "the judge got his generic response off the Internet", "It ain't in ****'* (son's) best interest to travel such a long way to see you, think about him", "I'll get him there if I can ever afford it", etc. etc.

Thanks for any and all help!

 

[wolfcreekgal]

I only want some sort of human response from this**************...Please guide.

 

[Isis1]

What is the name of your state (only U.S. law)? Wyoming

I appreciate all the advice given to me from my previous thread, but I still have some unanswered questions.

all right, let's see what's still left....

What are my chances if I go back to court to modify custody (my then being the CP) based on Dad just picking up and moving 1100 miles away, (with our four year old son) with only a week's notice?

defends on how fast you move on it. and depends on whether or not you get an attorney. the faster you move with an attorney, increases your chances.

Also based on Dad:

A. Allowing son to smoke cigarettes with him

prove it

B. Dad falsifying his current address

prove it.

C. Dad lying in court to win custody in the first place

prove it

D. Missed visitations

prove it. how many times have you filed contempt?

E. No communication between Dad and Mom about son's well-being. When trying to communicate with Dad about this, Dad just says "He's fine" and hangs up on me.

technically, telling you he's fine, IS communication. he didn't give you a long description.

I need to know if I stand a good chance of winning if I present evidence to support the above factors.

move fast, prove what you have stated, and get an attorney.

I have recordings of Dad stating: "the judge got his generic response off the Internet", "It ain't in ****'* (son's) best interest to travel such a long way to see you, think about him", "I'll get him there if I can ever afford it", etc. etc.

are those recordings legal?

Thanks for any and all help!

look at it from this perspective. you need to be on the offensive. not the defensive. whatever dad's excuses are, you need to able to shoot them down.

 

[wileybunch]

No one can tell you your chances. We don't know your local climate, your judge, or whether s/he will constipated or cross that day.

If the reason cited for your ex getting custody was truly his stability in WY and the things you mentioned in your previous thread and those things evaporated 3 months later, those are your grounds.

Additional grounds?

A. Allowing son to smoke cigarettes with him
>>> Not grounds for change of custody, but something you can bring up if you have solid proof so that Dad is admonished and even ordered not to do this.

B. Dad falsifying his current address
>>> Grounds. He's purposely hiding child from you. He is refusing to co-parent and has unilaterally decided, outside of the judge's orders, to install himself as the sole parent of this child. Judge's don't tend to like parents who think they are the judge.

C. Dad lying in court to win custody in the first place
>>> Grounds. This goes with B. B&C are your #1 reasons.

D. Missed visitations
>>> Grounds. This is #2 reason.

E. No communication between Dad and Mom about son's well-being. When trying to communicate with Dad about this, Dad just says "He's fine" and hangs up on me.
>>> Grounds. This goes together with D as #2 reason.

I have recordings of Dad stating: "the judge got his generic response off the Internet", "It ain't in ****'* (son's) best interest to travel such a long way to see you, think about him", "I'll get him there if I can ever afford it", etc. etc.
>>> Assuming recordings are legal - Grounds. This also goes with B&C as #1 reasons.

I think what you want to do is go in on an order to show cause for contempt and a motion to modify custody, giving you primary custody and Dad a long distance visitation plan.

If there was any other reason the judge cited for giving Dad physical custody a few months ago, please be forthcoming here or our advice will be invalid.rho

 

[Ohiogal]

Depending on the age of the child smoking cigarettes is going to be an issue (major) for some judges. Giving a 10 year old cigarettes versus a 17 year old.