Time to get this started

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Re: Time to get this started

Unread postby FeMan » Wed Nov 08, 2017 2:33 pm

No condonation of the affair here. No sex since February, when I discovered continued contact.
I realize I have a lot to learn. If I have no legal recourse to keep OM away from kids, I will seek sole custody. DVR on person. Proceeding cautiously, maintaining the appearance of status quo. Getting PO box and safe deposit box tomorrow. Getting new credit card in my name for the retainer. Scheduling consultation with a different attorney asap since the first one had a serious leaning toward mediation and wanted to warn W of plans in advance of filing.
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Re: Time to get this started

Unread postby BartSimpson » Wed Nov 08, 2017 2:41 pm

There are constitutional privileges that the mother enjoys despite your marriage - one of which is freedom of association.

You need to understand that others are legal strangers to your matter. The Court does not have any jurisdiction over this man and cannot tell him to do anything. If the man is an actual threat, his sentencing would have included provisions for that - such as not being around children - and the Court recognizes that another Court, criminal court, has responsibility to protect society from this man if warranted.

Is the subject on parole or probation?
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Re: Time to get this started

Unread postby Fatheroffour » Wed Nov 08, 2017 2:46 pm

She can associate with who she wants. From a strategic standpoint, you want her in front of a judge arguing that the children being around a child rapist is what she wants.

It won't go well for her.


I received custody, in part, because of their moms choices in boyfriends during litigation. Those that say it has no relevance should not be believed.
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Re: Time to get this started

Unread postby BartSimpson » Wed Nov 08, 2017 2:51 pm

So, FoF, you think acts committed over 22 years ago are relevant now?
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Re: Time to get this started

Unread postby FeMan » Wed Nov 08, 2017 2:54 pm

He is not on parole or probation. HIs most recent offense was 10 years ago.
I understand that there is no legal recourse to prevent contact. I that firmly in my head until the attorney told me otherwise.
I think that 22 year old acts are relevant if the man would be on the registry today if it existed at the time of conviction.
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Re: Time to get this started

Unread postby Fatheroffour » Wed Nov 08, 2017 2:58 pm

Care to discuss recidivism rates for kiddie fers?

Think mom wants to go out on such a limb, with custody at stake?

I would have, and make, an issue out of it. I believe OP should to. Though it should not be the focus of his case.
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Re: Time to get this started

Unread postby BartSimpson » Wed Nov 08, 2017 3:15 pm

We agree that our ironman should make it an issue to threaten the mother with in negotiations, (perhaps a depo?), however this isn’t a case where the subject will be known to the Judge as in your case. The actual nature of the offense has not been stated, and if it actually involved children.

At the root of this discussion is the attorney’s sentiment that the OP could get a TRO about it, his arrival here will help him sort through the possibilities and stale attorney advice.
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Re: Time to get this started

Unread postby FeMan » Wed Nov 08, 2017 3:45 pm

The last thing I need is a concilliating attorney blowing smoke up my backside, so the search is on for the right one.
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Re: Time to get this started

Unread postby massdad1234 » Wed Nov 08, 2017 10:06 pm

have you observed lawyers in action at court? Do they know the players? Do they know the scouting report? Do they get what they want in front of the judge? Do they push back?
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