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  • #31
    she acknowledged me as the father in her answer and therefor the declaration of parenthood was awarded with no contest.

    etched in stone no break my bone.

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    • #32
      she also said before you were not the father. You know she lies so get positive proof.

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      • #33
        you missed the part where i have declaration of parenthood.

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        • #34
          so i was re-evaluating my case conference brief, boy did i miss alot.

          there is a few things i wanted to be put in.

          i wanted to question on her answer and affidavit.

          also i wanted an access order and restore custody to joint(current a consent order(dont ask) is in place for 2 hours a week and her having sole custody, was really sick) for more frequent visits, as of yet she has no real basis to limit it to 2 hours a week. would this go in brief for possible orders made?

          need text messages and the contents and records of calling be tween the parties, where would i put this exactly??

          im adamant on the access schedule is a settlement conference REQUIRED??

          if i put in a motion im the moving party and i address or speak first right?

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          • #35
            You have had a case conference already, no? What is your next step? A motion or another conference?

            Conference briefs are thrown out after the conference and most of the discussion is without prejudice. So cross examining her answer and affidavit is a waste of time, and may work against you. That is, if you point out flaws at a conference, she will correct it and you lose the opportunity to attack her credibility when it counts.

            In such a situation you are better off asking for court ordered mediation and request open mediation. You can then take her statements apart and enter the resulting record as evidence.

            At a motion you will highly unlikely have an opportunity to question. It will be primarily a comparison of your affidavits. You may have some limit opportunity to argue, but don't count on addressing every discrepancy.

            Highly unlikely you will get records of texts. Contents aren't kept by cell companies and all she has to do is erase them. Records of dates and number of texts can be produced, but to what purpose? You MUST show that this is relevant to the issue. Unless is it warranted, it won't be admissible.

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            • #36
              for text messages i already called my cell phone company virgin mobile and they confirmed that if i have an order that yes i can get the text messages from THEIR server WITH the contents as to what the text says. so i can use that as proof because they would certify that to be true to their records.

              i haven't had a case conference yet.

              if i understand correctly, it would advisable that i put a motion for order of open mediation. that is an ideal place to rip her statements apart and put that in the resulting record? What exactly is the resulting record? an affidavit attesting to the results of the mediation and enter it as evidence?

              i know at the motion only affidavits and exhibits can be heard and used in motions.

              I also came across interesting information. application, answer, reply cannot be used as evidence and thus affidavits must be created? i only say this because i outlined everything that happened in a supplemental affidavit in my application, stupid me i didn't affirm it or anything. I'm thinking i can just create a general affidavit and insert my entire supplemental affidavit into a real affidavit and submit it as evidence for the impending trial. Would i be correct in thinking of this?

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              • #37
                What kind of phone do you have? There are tonnes of apps for iphone and android to back up your texts to email without having to go through the provider. SMS backup + works great for android.

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                • #38
                  im a computer programmer, the respondent might say i tampered with it so therefor to avoid it i want a court order straight from the company.

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                  • #39
                    You print out the texts, take your phone and the printed record to a notary. The notary examines your phone and swears that the printout is an accurate record of the texts on your phone, the times, and the originating number.

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                    • #40
                      i also dont have it, for some reason when my number was changed my android software crashed completely and i lost everything.

                      so i only have the last half of the text messages. which is conveniently the useless crap.

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                      • #41
                        forgot to mention my phone can only hold so much texts..

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                        • #42
                          As someone already stated this, I will only put more emphasis_ BE VERY CAREFUL how much you promote your employable skills. Any lawyer with half a brain will ask for your income to imputed AT LEAST to a minimum wage. Also, your ex probably has a good idea that you work under the table, so don't be surprised if she will bring that up. Just saying. Be prepared for this.

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                          • #43
                            she doesnt have a good idea on how much i make, shes aware i rarely charge for any work i do.

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                            • #44
                              Why do you not charge for work that you do?

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                              • #45
                                Taken... I stop listening when he said "knocked up girlfriend" therefor "it" doesn't surprise me

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