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How many times my sons father can take me back to court to amend the order?

This is a discussion on How many times my sons father can take me back to court to amend the order? within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; Ok a little background: we were together for 2 yrs.father has a history of drug abuse and violence. We had ...

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Old May 22nd, 2009, 10:54 AM   #1

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Default How many times my sons father can take me back to court to amend the order?

Ok a little background: we were together for 2 yrs.father has a history of drug abuse and violence. We had a child, we broke up and he took off to his home state and that was it, 8 months go by and I hear nothing....then I got served with papers for visitation. The first lawyer I hired(from what I know now) didnt do very much for his money. I had enough evidence(affidavits, his admission that that whole summer he was in a rehab program, the fact that he took off and didnt even bother with his son UNTIL I took him to court for child sup) I wanted to go before the judge, but my lawyer wanted to make an agreement which I never felt comfortable with. he would come to my state twice a month mon-wed, and the visitation would be supervised by his parents(who I only met twice and have no relationship with my son).

This agreement went well for about two months. Then I suppose the stress of travel and money factors started getting to him,He told me he" did not have the money to do this anymore" so everytime he was here he would call me repeatedly and text me (calling me names...why wont I meet with him etc...mind you when he wasnt in town...not one phone call to check on his son)) so I have a total of 3 police reps on this. then my son came home from visits with his father on 3 sep occasions with what looked like cig burns on him. I took him to ER and cps was called. they visited me and deemed my home acceptable etc... a gal was appointed.

This woman submitted a report to the court after interveiwing ONLY my ex and his parents. she called me on the phone and did not even interveiw my parents, or my new husband...who have direct contact with my son everyday. Her report seemed to have an overtone that she believed these manipulative people.

My new lawyer had put in for an amendment of the temp order pending the cps outcome. she asked for supervised by me at a playground for a couple hrs twice a month. and in response HE ASKED FOR FULL CUSTODY???!!!! When it came back unfounded on the cps side, the judge ordered that the original order stay the same and that I be granted the restraining order even though this terrible GAL said she didnt think the phone calls were harassment (after 3 police reports...and not even hearing my side of the situation).The only thing he is stating against me in his affidavits is that I "abuse" (which I do not) prescription pain killers.... Which I am legally prescribed to take...even so it still worries me, his parents have alot of money and it seems as if they wont stop until my 2 yr old son is taken 7 hours away from me!

OK so here is my Qs:

When deciding a case like this does the judge take into consideration that the father voluntarilly left the state where there child was born/resides.

this GAL.....did she only come on for one incident or am I stuck with her?

How many times can he take me back to court to amend this order?

he claims that I have to be there for visitation exchanges, but I feel threatened by him, and not only that I go to school full time and have a class at the time i drop me son off(my mother takes him to exchanges) this enrages my ex because he wants to see me.

if the court oder say supervision is to be by paternal grandparents...and only one of his parents are with him, do I have to give my child to them?
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Old May 22nd, 2009, 03:32 PM   #2
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Default re: How many times my sons father can take me back to court to amend the order?

Who asked for the GAL or did the courts request one? Mine interviewed NUMEROUS people on my daughters father side - and just me. ??? Maybe this is the "norm"? Bullcrap is what I think. If you asked for the GAL, you can also have the GAL released.

Yes, him moving out of state is NOT good and will not be looked at positively.

Filing for child support is the quickest way to get drawn into a HUGE expensive legal battle that could rack up more in legal fees than you'll get in child support (Live and learn - but I hope others learn BEFORE filing).

I think he can take you back to court every six months from a final order.

You should be able to use intermediaries for the exchange. If this becomes hard for your mother - there are services where exchanges are done by volunteers in an environment where the parents don't see each other.

I'd let the visit go on with one grandparent...if anything, to show you are not "nitpiking".
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