The mother avoids setting a parenting plan in place

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The mother avoids setting a parenting plan in place

Unread postby dadsdivorce » Wed Mar 30, 2005 10:47 am

My husband had a child born out of wedlock who is under the age of 10. The situation has advanced to the point that the child's mother now refuses to allow any < parenting time >. Previous parenting time was formed from a casual, written and mutual agreement but controlled by the mother and even then sparse to say the least. We have tried several avenues to amend the agreement but the mother refused to show up for any mediated counseling sessions. We have decided to petition the court for a more formal and direct parenting plan, but the mother refuses to show up in court and has gone to great extent to reschedule every court hearing date made so far (going on 6 months now). She has even made non-truthful statements in documents regarding myself and my husband's family. What recourse do we have? How do we get her to go to court so we can put a stop to her nonsense and establish a relationship with the child?
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Unread postby dadsdivorce » Wed Mar 30, 2005 10:47 am

If the necessary discovery is completed, schedule the matter for a pre-trial conference if required. If you have had pre-trial conference or settlement conference, set the matter for trial. This procedure differs by jurisdiction. Some locations are more formal and require that you file a Motion for Trial Setting while other locations allow an attorney to just go by the division clerk's office and set the matter for trial. In the less formal method the attorney will have received the available dates from the other attorney or just call them on the phone from the court. If you are pro se or she is pro se, I suggest that you use the more formal method and prepare a Motion for Trial Setting. For reference, jurisdictions can vary greatly on the time it takes to have a domestic matter heard. For a contested case, 6 months is very fast as 12 months is normal in my jurisdiction, but 18 months is not uncommon in surrounding jurisdictions.
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