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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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  #31 (permalink)  
Old 05-08-2014, 02:13 PM
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If the holiday is on her week she can have him not a problem she had him for Christmas and thanksgiving every year.
I respected the agreement one week on one week off other than the daycare because of any fraud, I did not want to be tied to it.
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  #32 (permalink)  
Old 05-08-2014, 02:22 PM
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Originally Posted by The Fool View Post
If the holiday is on her week she can have him not a problem she had him for Christmas and thanksgiving every year.
I respected the agreement one week on one week off other than the daycare because of any fraud, I did not want to be tied to it.
You seem to be in a hurray to give away your rights and spend less time with your son.

You should make agreements like: For the first year of the agreement, Parent A will have the child on Thanksgiving Monday and Christmas Eve. Parent B will have the child on the Sunday before thanksgiving and on Christmas day starting at 9 AM. For the second year, Parent B will have the child on Thanksgiving Monday and Christmas eve, etc. It really isn't that hard and there are sample on this site.

As to Daycare, she may want you to pay what she thinks you owe on previous daycare expenses. Of course you won't agree to anything until you see receipts and see what her day care credit is from last years income tax form. Then you can agree to the proportionate share.
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  #33 (permalink)  
Old 05-08-2014, 02:28 PM
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I'm not going to cave, but with all the stuff that's going on in her house dose it way in my favor?
On and off relationship
Moved 2 x in one year
Our son getting molested buy her nephew on her watch
thoughts of harming herself
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  #34 (permalink)  
Old 05-08-2014, 02:36 PM
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Originally Posted by The Fool View Post
I'm going to cave, but with all the stuff that's going on in her house dose it way in my favor?
On and off relationship
Moved 2 x in one year
Our son getting molested buy her nephew on her watch
thoughts of harming herself
OK let me be really really blunt. You are spending way to much time on irrelevent stuff, and it is changing your focus.

On and off relationship - NONE OF YOUR BUSINESS. NONE OF THE COURTS BUSINESS - unless he has a history of violence, child neglect etc.

Moved 2x in one year - NONE OF YOUR BUSINESS. NONE OF THE COURTS BUSINESS - unless it makes access more difficult.

Your son getting molested while on her watch. Unless you can somehow prove she was aware of her nephew's intent or he has a history of molestation, not relevent. Sadly molestation can happen in happy families as well.

Thoughts of harming herself - something like this has to be shown as a consistent pattern. My son has had thoughts of harming himself one day, and been perfectly fine the next. If you want to make this stick, call the police every time she threatens this. Then you will have time date and place. Then if there is a pattern, you will have evidence. But I doubt a one time occurance will mean anything.

Do yourself a big favor, concentrate on being able to prove that you are a good parent, and that you deserve the status quo to continue. Throwing mud in court usually means that the judge will conclude that you and your ex can't work together to co-parent, and if he finds you less credible, you could lose access not gain it.
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  #35 (permalink)  
Old 05-08-2014, 02:45 PM
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I'm not giving up my rights just don't know all of them, she has know reason
No drugs
I have my own house
I'm independent
Work full time 5 days and can get time off our son
We camp quad fly kites yes kites r/c cars, fish and other stuff
I have a big family
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  #36 (permalink)  
Old 05-08-2014, 02:48 PM
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Quote:
Originally Posted by The Fool View Post
I'm not giving up my rights just don't know all of them, she has know reason
No drugs
I have my own house
I'm independent study
We camp quad fly kites yes kites r/c cars, fish and other stuff
I have a big family
Your rights are to have 50/50 as you have had. Don't settle for less. She doesn't have the right to change that just because she wants to.

Come up with a parenting plan that shows a 50/50 schedule, alternating holidays and then use it as an offer to settle.
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  #37 (permalink)  
Old 05-08-2014, 02:59 PM
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I have a lawyer haven't gotten to see him yet and I don't think she doesn't
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