Father does not honor current visitation or support order...

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Latest post 11-14-2012 4:48 PM by Chancey1. 23 replies.
  • 11-01-2012 1:02 AM

    • Pamc24
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    Father does not honor current visitation or support order...

    how likely is he to obtain custody of the minor child? He is asking that the divorce be re-constructed including asking for custody.

    When he does see the child, it's only for a few hours each week to (less than 4). Currently, He hasn't seen the child for weeks and has told the child that he will not see her for another week. He also has not been paying child support or alimony. I have been told that his attorney is a substitute judge at the courthouse therefore knowing most staff and having leadway. How does or will that play a part in the proceedings?

  • 11-01-2012 6:16 AM In reply to

    Re: Father does not honor current visitation or support order...

    What is his basis for requesting a change in custody? 

    If he is not paying as ordered, you would need to file for Contempt.  The support issue won't be relevant to a custody determination.

    In these neck of the woods, a substitute judge sitting in family court would not be allowed to practice in family court in the same county.  If he doesn't sit in family court, it wouldn't be an issue.

  • 11-01-2012 8:28 AM In reply to

    • Pamc24
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    Re: Father does not honor current visitation or support order...

    not currretly sure of the actaully basis. Papers are too general stating that there has been a material change but not details as to what. The father does not honor current visitation set.

    I did file a contempt order and was told at the courthouse that his lawyer could be the judge for that case and that its not considered a conflict of interest.

  • 11-01-2012 8:38 AM In reply to

    Re: Father does not honor current visitation or support order...

    I'm not sure who is telling you what but it doesn't even make sense that the attorney could both represent him and hear the case at the same time.

  • 11-01-2012 10:58 AM In reply to

    Re: Father does not honor current visitation or support order...

    Pamc24:
    how likely is he to obtain custody of the minor child?

    This question cannot be answered in any meaningful way (especially since we know virtually nothing about your situation).  "Not very likely?"  "Kinda sorta likely?"

     

    Pamc24:
    How does or will that play a part in the proceedings?

    I'm not sure if "that" refers to his attorney's status as a "substitute judge" (whatever that means) or whether it refers to the information you provided regarding visitation and payment of child support and alimony.

    The "substitute judge" status shouldn't matter at all.  Neither should non-payment of alimony and child support.  If you want to enforce those obligations, you need to seek to have him held in contempt.  The extent to which he visits with the child should be taken into account.  However, it would not generally be dispositive, and you provided no other relevant facts.  Nor did you tell us anything about his argument(s) as to why custody should be modified.

  • 11-01-2012 10:59 AM In reply to

    Re: Father does not honor current visitation or support order...

    I agree.  It's about as obvious a conflict as could be possible.  Sounds like you're getting bad information from someone.

  • 11-01-2012 3:25 PM In reply to

    • Pamc24
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    Re: Father does not honor current visitation or support order...

    thank you. This information was stated to me several times by diffferent staff within the clerks (the court for which he is a sub)They stated that I would need to mail in a letter stating I would have a problem with him being the possible judge for the comtempt (show cause) (for non payment of support)

  • 11-01-2012 3:29 PM In reply to

    • Pamc24
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    Re: Father does not honor current visitation or support order...

    Thank You! I too felt it was an extremely obvious conflict. This was stated to me by several employees in the clerks office (that serve the court in which he is a sub judge). When I asked how it's possible, they stated that he is my ex hubands attorney for a case within the Circuit Court and that has nothing to do with District Court.

  • 11-01-2012 3:38 PM In reply to

    • Pamc24
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    Re: Father does not honor current visitation or support order...

    Thank you again.

    I filed a Show Cause. This is where I was told that his attorney would serve as the judge for my case (which isn't until February). I tried filing an income deduction and was told I'd already filed the "show cause", judges do not liked a lot of different things filed.

    The reason why custody should be modified are not listed on the court papers. It only states that there is a material change with no detail. Had an attorney review the papers for me today and they were as confused as I am.

    I have always been the primary care-taker for the child. The father has not honored visitation that was set persuant to the divorce decree only seeing her one day a week for a few hours. However, to date he has not seen her for weeks (almost 3 weeks to date). I honestly am not aware of any reason he could have to want custody modified. I don't have a subtance abuse problem, do not smoke, do not drink, curse, etc....He has no dealings in her education, all of that is supervised and or checked by me (child is A and B student)......

  • 11-01-2012 3:40 PM In reply to

    • Pamc24
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    Re: Father does not honor current visitation or support order...

    *actual* not actaully. sorry

    Pamc24:

    not currretly sure of the actaully basis. Papers are too general stating that there has been a material change but not details as to what. The father does not honor current visitation set.

    I did file a contempt order and was told at the courthouse that his lawyer could be the judge for that case and that its not considered a conflict of interest.

  • 11-01-2012 5:20 PM In reply to

    Re: Father does not honor current visitation or support order...

    Pamc24:
    I filed a Show Cause. This is where I was told that his attorney would serve as the judge for my case

    Told by whom?  Note that this is the inherent problem with using the passive voice; a reader cannot discern the significance of what you're saying because it's not clear who is doing the talking or taking the action described.

    The father's reason(s) for wanting to modify custody aren't relevant.  All that matters is whether there has been a change of circumstances such that a change would be in the child's best interests.

  • 11-04-2012 7:50 PM In reply to

    • Pamc24
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    Re: Father does not honor current visitation or support order...

    I am sorry. You are correct. This was stated to me several times by different employees within the Clerk's office as I submitted the papers for the Show Cause and again when I went to file an Income Deduction.

    I believe I understand what you mean when you say "all that matters is whether there has been a change in circumstances such that a change would be in the child's best interest"  I am currently not aware of the details of the change thus making it not clear why the change in circumstances would be in the child best interest. I have now had an attorney review the papers.

    update: medication is now being mentioned.

  • 11-04-2012 7:53 PM In reply to

    • Pamc24
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    Re: Father does not honor current visitation or support order...

    thank you so much for your response. I have now spoken with an attorney and was told the same thing.

  • 11-12-2012 10:55 PM In reply to

    • Pamc24
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    Re: Father does not honor current visitation or support order...

    update: Custody wasn't an actual issue for this case, it was added as a scare tactic. However, we will go to mediation in order to amend child support and alimony. My ex-husband is behind two payments based on the court order for support.How is that dealt with in connection with mediation? can the fact that he is in comtempt of court for not paying the two missed payments be wiped away via mediation?

     

  • 11-12-2012 11:00 PM In reply to

    • Pamc24
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    Re: Father does not honor current visitation or support orde...

    Let me give you more detail. He finally caught up on the missed payments for October by depositing the funds into the childs savings account. He is being asked by his attorney to remove those funds from the childs savings and deposit them into my account. Now,he is currently two payments behind so far for November

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