PrincessJ
Carpal \'Tunnel
Reged: 06/25/07
Posts: 7176
Loc: 39.10 degrees North 94.58 degr...
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Putting them on the stand IS VERY DIFFICULT. He'd have better luck of them talking directly to the judge.
---->I don't want either to occurr.
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I hope life isn't a big joke, because I don't get it.
--Jack Handey
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MaritimeGuy
addict
Reged: 04/15/08
Posts: 532
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A lot of this stuff reminds me of the old King Solomon (?)fable where two women claim to be a child's mother...
All too often in real life one side is too prepared to see their kid cut in half so they can get their "share". Sad really...
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PrincessJ
Carpal \'Tunnel
Reged: 06/25/07
Posts: 7176
Loc: 39.10 degrees North 94.58 degr...
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[quote]A lot of this stuff reminds me of the old King Solomon (?)fable where two women claim to be a child's mother...
All too often in real life one side is too prepared to see their kid cut in half so they can get their "share". Sad really... [/quote]
That is so true! Great comparison!
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I hope life isn't a big joke, because I don't get it.
--Jack Handey
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Tweeby
Carpal \'Tunnel
Reged: 06/05/04
Posts: 7100
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Believe it or not but the Judges ARE used to this. Kids are going to be nervious as anyone would be. If they speak like they are doing a speach the Judge knows they were prompted.
For a Judge to actually listen to what the kids are saying, the kids are going to have to speak in their own words and have reasons that are age apprioprate and if not damn good reasons why they are 'above' the age with talking.
With my husband case, there was a psych eval done through the courthouse. No actual tests but the parents talked together and than each 'family' alone with the kids and than the kids alone.
We had to pick a game to pay in front of the caseworker which was a certified counselor. We picked "Skipbo". The game was 'stacked' with a lot of reverses and pentalities. I picked it up pretty quickly because we DO play that game. It was a way to see the interaction of the family. My YSS would start to have fun and then you would see the table move and my YSS would pout again. My OSS was kicking my YSS to make him stop and be aware that he was having fun. All of this was documented. By the end of the game, my OSS was having fun also.
My SSs never gave any reasons on why they didn't want to live with Dad. They did say they were angry at Dad for making their Mom upset when he filed for a change of custody. Big red flags there.
The BM and the kids brought up that *we* talked to them about court, BUT the kids mentioned that Dad said wouldn't talk to them about it when it was their right to know what was going to happen to them. So who in reality was talking to them about it? Not us but the BM.
The court sees all of these inconstantities. The BM also said that *we* limited phone contact when the kids were with us. Yep we did. This was after we talked to the GAL (when the GAL was finally ordered) and visitations were set up again. The previous summer during the custody case my SSs came for 2 weeks with a cell phone. There were like 6 to 8 calls PER DAY. No reason for that. We limited the calls to once per day for the weekend. One for Friday (which we picked up at 6 pm), one for Saturday, and one for Sunday (where we dropped off at 6pm). If on Saturday the CHILD asked to call we would allow a 2nd call but no more. In 48 hours (Friday 6pm to Sunday 6 pm) an 11 yo and a 17 yo should not have to talk to their Mom more than 3 or 4 times. Heck they should be able to go 48 hours without talking at all. But on the flip side, my husband didn't get to talk to his kids at all during the time they were with Mom. His calls would go unanswered and no way to leave a message. The BM excuse? The kids didn't want to talk to him.
The court looks at the WHOLE picture. At least here they did. yes, it does sound bad that my husband limited contact but in 48 hours that he had the kids, he allowed 3 to 4 phone calls. That in NOT really limiting contact.
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PrincessJ
Carpal \'Tunnel
Reged: 06/25/07
Posts: 7176
Loc: 39.10 degrees North 94.58 degr...
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The idiot responded in the affirmative. We are going to swap days & I'll be able to take the guys to the theme park. yay!
Oh, and a side note: I'm taking the day off work Tuesday so *I* can go, too!
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I hope life isn't a big joke, because I don't get it.
--Jack Handey
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