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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 07-15-2014, 08:03 PM
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Default advice following OCL disclouser meeting.

During my disclosure meeting with the OCL they recommended a change in custody from mom having sole to us having joint. They told us in the meeting if it wasn't for the fact that I have 4 other children that live with me they would have recommended sole to me. Due to mom's current interactions with the police due to custody issues, constant withholding, contempt trials against mom, the school principal saying that mom isn't meeting her needs, that only anxiety child has is when mom is present when she shouldn't be, and my doctors report. They even told mom that they would be notifying CAS of some of the concerns they came across during their investigations against mom. They had some concerns with my home more based on family size and our ability to cope with an additional child in a small space, and so many high needs children.

However after saying that they recommended that I lose my wed access, and didn't expand any of my summer or holiday schedule.

I accept most of the recommendations they put in and I in part accept why they recommend I not have my week night visit. It is because of activities that the mom wants our child in all week every week. I don't think our child should be in this program but I do accept that to some it could be a benifit, and mom placed her in it already and currently has sole custody and the right to do it. It does take away from her school work (which she is getting c and d grades), her ability to be part of the Metis community programs that we attend together. I feel that if I agree to the lose of wed and her doing the program that I would like an additional weekend a month and some expanded summer access with our child. I feel it is strongly in her best interest to spend as close to a 50 50 split between us so she can keep a close relationship with me and siblings. I am not asking for a change in child support other then going by table amounts so the access isn't going to change the child support amount if I do get closer to 50/50%

I chose not to sign at the meeting even when pressured because although I am willing to drop my application for sole for Joint I feel that losing all that extra time is not beneficial to any of us. However I also realize that going from mom having sole custody to wining in a trial without a lawyer is a big mountain to climb and very uncertain. If she doesn't agree to the offer to settle ( I assume she will not) and this goes to trial I have three questions:

1. I know that the children's lawyer report has been fought and those have won but I don't have a lot to discredit the actual reporter she seemed to do a detailed job I just disagree that if there has been issues of parental alienation and she see's it that losing time will only make matter worse. If I can't really discredit her, can I still fight the report on only a few of the issues?

2. Is it unreasonable if I am getting joint custody and some of the other things I wanted to continue to fight for the additional access time?

3. If I fight it how long usually until its set for trial. Where we live they do trials twice a year. One in November and One in May. We are back for our settlement case in August.
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