lastnerve
recently joined
Reged: 06/17/04
Posts: 22
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I am going through an UGLY divorce in AZ. Not yet ex-husband is Surgeon who is lowering income in every way...but that is not the real problem. Temp. orders allow him to have the two children (5&7 yr old girls) about 40% of the time. He has done everything the custody evaluator has warned us against, i.e., introducing mult. girlfriends, using nannies, badmouthing me to the kids, even lying to a different judge to get an order of protection against me (he tried to have the girls included in the order but failed, and it appears he decided against serving me with the order). Does anyone know of a way to stop this insanity?!! My girls are getting to the point that they don't want to stay overnight with him because they know he will call the police when I arrive to pick them up. Any suggestions regarding some way to proceed with the court would be greatly appreciated. My Atty is trying, but his only real solution if to buck up and deal with it.
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gramto4
newbie
Reged: 06/12/04
Posts: 38
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If your attorney is not fighting hard for you , you need to find one who will. My daughter went thru something similar and after it was all over we realized the attorney she had just didn't care. After speaking to several attorneys here she has been told the cost to make changes will be the same and more than it cost during the initial proceedings. Fix it now while you still can. Good Luck...sounds like ex is a real winner:).
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Gecko
Carpal \'Tunnel
Reged: 06/01/04
Posts: 19805
Loc: Third rock from the sun
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If you have a restraining order, then you need to make arrangements to do the exchange somewhere else. Technically speaking, if he is pickup or dropping off the kids at your house, he is also violating the RO.
What county are you in? I used to live in AZ and was a Paralegal there. [color:green] [/color] [color:green] [/color]
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If you air your dirty linen in public, expect people to comment on the skid marks!
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lastnerve
recently joined
Reged: 06/17/04
Posts: 22
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I'm in Maricopa. He got the Order of Protection by lying to the judge. I have a hearing on July 6 regarding that. He has the kids and I see no way to get them back until the custody evaluator returns July 2. I spoke with the girls today, and both of them were in tears because their daddy won't tell them when they can come home. What can I do? No one in the court system seems to care. I explained the situation to a lady at the court house today and her reply was that I could take care of it on July 6. My attorney has no other suggestions. Anybody have any suggestion?
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Gecko
Carpal \'Tunnel
Reged: 06/01/04
Posts: 19805
Loc: Third rock from the sun
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[color:green]It's not that they don't care, but until there is an order establishing "custody" (even "temporary"), he has just as much legal right to the children as you do and they can't do anything.
If you are granted "physical" custody, then he will have to turn the children over to you and if he refuses, you can get the assitance of the police and/or the Sheriff's department.
If you are not granted "physical" custody, but have "parenting time" and he doesn't allow you to see them, then you will need to contact the police and/or sheriff's department (at least for a report) and file an OSC (Order to Show Cause aka Contempt) immeadiately. I would also include a reversal of "physical" custody.
You will also want to get the RO quashed ASAP.[/color]
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If you air your dirty linen in public, expect people to comment on the skid marks!
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lastnerve
recently joined
Reged: 06/17/04
Posts: 22
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I had primary physical custody from August '03 until order expired June 1, 2004. Now its a free-for-all. He has the kids and since the custody evaluator has left town I have no hope other than getting in front of the judge, and it seems that you can't get in front of a judge in Maricopa county unless you're bleeding from multiple orifices. It doesn't seem to matter that the kids (and me) are terribly distraught about the whole thing. We have filed an OSC June 2, and have gotten nothing back from the judge. I need my girls back! I really appreciate everyone's input on this. This forum is great.
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Gecko
Carpal \'Tunnel
Reged: 06/01/04
Posts: 19805
Loc: Third rock from the sun
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What's the OSC for if you have no current court order?
What you need to do is file for an Ex Parte Emergency Temporary Custody Order with no "end" date. You take it down to the courthouse, you file it, you find out who is assigned to the case and then you go to his/her office, hand the clerk/secretary a copy and you wait.
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If you air your dirty linen in public, expect people to comment on the skid marks!
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