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Divorce Source Community Forums >> Child Custody and Visitation

signguy
newbie

Reged: 03/03/11
Posts: 45

Hearing to enforce physical placement

09/24/11 08:03 AM

anywhoo I havent seen my child in over a year. Presently i live 15 minutes from child and still havent seen her. mothers only offer is "sign away full placemennt and 100% custody and i can have 1 90 minute visit a week supervised by an agency"
So i filed for this motion hearing. here is the tricky stuff and what i dont understand. In november of 2010 a judge in the case said in court the "child shall remain with the mother" The GAL in my case says this was an order. I say no its not because there is no paper with that and nothing signed by said judge.....Plus a few months later that judge recused herself because of a conflict of interest, which leads me to think, the order isnt valid for all of the right reasons. Mainly no actuall court order signed anywhere, also that Mom says I need to sign over full placement. [b]If it was ordered why would mom still be asking for me to sign over the placement the Gal thinks she has by way of court order?[/b]
Another question is, What happens at a Motion to enforce physical placement hearing? Is this the hearing finally that will allow me to lay out the facts of the matter as opposed to Moms continued lies thru her lawyers? the lawyer and Mom have said all these things with no proof and havent offered the court anything....She does have a restraining order in another county that she went out in got 5 days after being served summons from a florida court. But thats it, and still no evidence to back that order up either just Moms testimony. I have two affidavits that Mom has lied on concerning other subjects of this custody case. Cut n dry lying. Do you try to prove why its in the best interest of the child to be with the father? or do you sit back and allow the MOM to try and prove beyond a preponderance of evidence why its not in the best interest?
Finally, I feel as if the email i got from mom saying sign away all rights is evidence that the only good standing order we are under at this poin is the original 50/50 placement n custody. No specific times. seeing as its been over a year, obviously I have not had my share of the 50/50 placement, If I pick up my kid from daycare and take her to Mcdonalds and on a walk to the beach maybe a playground and have her stay at my apartment is there any charges I could be facing? Also is it possible to have the local sheriffs dept enforce the current order of 50/50. (my reasoning is: I was with child daily from birth to 2 years and 9 months. It has been a year since I have seen her now thus the status quo set was that i was a primary caregiver and now I have had my custody n placement interrupted for over a year. something like that....any help will be appreciated as A temporary order will be issued around october 25th when we have this next hearing. How to prepare, and how to see my kid in the meantime.....The DV order has nothing to do with endangerng the child.

Post Extras

Entire topic
Subject	Posted by	Posted on
Hearing to enforce physical placement	signguy	09/24/11 08:03 AM
Re: Hearing to enforce physical placement	Debi	09/25/11 02:29 PM
Re: Hearing to enforce physical placement	finz	09/26/11 07:38 AM
Re: Hearing to enforce physical placement	gr8Dad	09/26/11 11:21 AM
Re: Hearing to enforce physical placement	signguy	09/30/11 08:48 PM
Re: Hearing to enforce physical placement	signguy	10/01/11 09:41 AM
Re: Hearing to enforce physical placement	kkimberh	09/26/11 08:39 AM

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