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custody battle in NY

 
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uluvme247



Joined: 05 Oct 2007
Posts: 5
State or Province: New York

PostPosted: Tue Oct 09, 2007 12:20 pm    Post subject: custody battle in NY Reply with quote

Hi I'm a mom in NY about to go through a custody case with my 6 year old's father. We have joint custody and he has gotten married a year ago and now has served me with court papers claiming his home is more stable and loving for our daughter.
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NannyM



Joined: 07 Oct 2007
Posts: 44
State or Province: Maryland

PostPosted: Tue Oct 09, 2007 9:00 pm    Post subject: Reply with quote

What kind of advice are you looking for? Maybe we can help if you post more info. on your situation.
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uluvme247



Joined: 05 Oct 2007
Posts: 5
State or Province: New York

PostPosted: Wed Oct 10, 2007 7:41 am    Post subject: Reply with quote

Well my first court date is coming up in two weeks...just want to know what I can do to get prepared. My lawyer is telling me that this is going to take at least a year or two to get done with. I responded to his petition by serving one of my own to him for full custody as well. He got the papers served last week and he is really pissed off. His wife served me at my own child's pta meeting. I recently found out that she hit my child on the head really hard and i also put that in the petition. He is so difficult to deal with. The only form of communicatio we have had for the past 3 yrs have been through email. He has violated our joint custody order so many times by enrolling her in activities during my time and by bad mouthing me infront of our daughter. Everyone keeps telling me that I have nothing to worry about that I will get full custody but he is a smart man and he knows how to manipulate situations. Being that he is studing to be a lawyer and is in law school he has more knowledge of certain things in this field. Eventhough i have an attorney i still want to know the little things i can do to prepare myself and i'm just looking for some support. This has been a nightmare since day one. If I had known that it was gooing to be like this i wouldnt have aggreed to joint custody.
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NannyM



Joined: 07 Oct 2007
Posts: 44
State or Province: Maryland

PostPosted: Wed Oct 10, 2007 5:16 pm    Post subject: Reply with quote

Have you saved and printed all E-mails? Your lawyer will need them and what proof do you have that she hit your child on the head? Do you document all meetings and phone calls you have had with them? You will need any and all proof that he is unwilling to co-parent in the best interest of the child. Also you will need to show proof that you can and will make sure child knows both sides of it's family and that you are willing to allow visitation with them. If you believe they are abusing your child , do you have her in counseling? If you do then you need to supeona the counselor.
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uluvme247



Joined: 05 Oct 2007
Posts: 5
State or Province: New York

PostPosted: Tue Oct 16, 2007 8:44 am    Post subject: Reply with quote

Yes I do have all my email correspondences with him printed out and all of the court papers that I have filled regarding him not complying with the joint custody and doing things without consulting me and the only thing that was done by the referee was to send us to counseling and tell us to set up an email account so we can communicate. Also i have recordings of my daughter telling me bad things he said about me and i have recordings of him as well as him picking fights with me when he either drops her off or picks her up. Would I need to subpoena the teachers as well from her past years? Because he is trying to say that our daughter is emotionally getting hurt in our joint custody arrangements, but all her teachers have said that she is a very happy child and she is doing great in school. She has gotten in the advance class this year. So it seems the only time she may be displaying any kind of distress is while in his care. How do I prove this?
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NannyM



Joined: 07 Oct 2007
Posts: 44
State or Province: Maryland

PostPosted: Tue Oct 16, 2007 12:51 pm    Post subject: Reply with quote

Quote:
Would I need to subpoena the teachers as well from her past years? Because he is trying to say that our daughter is emotionally getting hurt in our joint custody arrangements, but all her teachers have said that she is a very happy child and she is doing great in school. She has gotten in the advance class this year. So it seems the only time she may be displaying any kind of distress is while in his care. How do I prove this?



You don't have to bring in all the teachers just her current one and all school records. Also any records that the school counselor may have.

You don't prove it. He will when he brings it up in court. You only have to show that she is thriving in your care.
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uluvme247



Joined: 05 Oct 2007
Posts: 5
State or Province: New York

PostPosted: Tue Oct 23, 2007 9:32 am    Post subject: Reply with quote

well yesterday was my first court date and my attorney suggested we go to see a forensic Psychologist. what can I expect.
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