California - contested custody issue update

Parental Alienation, Malicious Mother Syndrome, dealing with the ex, and various other non-legal concerns throughout the process.

California - contested custody issue update

Unread postby Qwertyuiop » Tue Nov 29, 2016 1:05 pm

Hello,

Currently awaiting interim time share recommendation from the custody evaluator so that STBX and I may separate residences. Final recommendation will be made by end of January 2017.

Joint legal/physical custody temp order made in the summer. Thanksgiving holiday time share was 50/50 and Xmas will be as well.

STBX has petitioned for a move-away across the country as well as sole legal/physical. She has been unsuccessful at each step of the process.

I am focusing on being the best father I can for my D3 as well as following the guidance of my attorneys in securing 50/50 time share.

Any words of wisdom for the final stretch?

Thank you.
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Re: California - contested custody issue update

Unread postby FlyGuySLO » Wed Nov 30, 2016 12:39 am

Good for you for holding your ground. Do not budge; 50/50 is all you will accept and a cross country move or sole legal/physical by your wife is off the table.

Just stay the course and unless there is something in your situation which gives your wife ammunition (dv, substance issue, etc) then it is unlikely she will be granted what she seeks.

You have set a precedent and status quo with the 50/50 temp orders, so keep doing what you're doing and don't give a judge any reason to think you a lesser parent.

Stay strong and DON'T GIVE UP!
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Re: California - contested custody issue update

Unread postby Qwertyuiop » Mon Apr 17, 2017 10:16 pm

Hello friends. Received the final part of the 730 evaluation today. Evaluator recommends joint legal/physical and that the mother be permitted to move across the country with D3. Recommends 50/50 should we reside in the same community.

I'm absolutely shocked. Was not expecting this at all. Interim recommendation was joint legal/physical, 50/50 time share on a 2/2/3.

Says that I am a loving, competent father and D3 has a strong bond with me, etc.

Meeting with lawyers tomorrow to plan objections.
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Re: California - contested custody issue update

Unread postby JimRockford » Mon Apr 17, 2017 10:38 pm

I feel for you and wish you the best. In my opinion, and many others, the La Musga and Burgess decisions have to be the most messed up aspects of California custody that allow these situations to occur. It would be nice if the legislature would step in here and rectify this.
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Re: California - contested custody issue update

Unread postby Qwertyuiop » Mon Apr 17, 2017 10:49 pm

JimRockford wrote:I feel for you and wish you the best. In my opinion, and many others, the La Musga and Burgess decisions have to be the most messed up aspects of California custody that allow these situations to occur. It would be nice if the legislature would step in here and rectify this.


Thank you. I intend to fight this all the way.
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Re: California - contested custody issue update

Unread postby Trevor » Tue Apr 18, 2017 6:46 am

How robust have your job search efforts been, during the past 5 months as you've awaited this decision? Surely you have some leads in the new area by now.
"Personal density is directly proportional to temporal bandwidth."
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Re: California - contested custody issue update

Unread postby astrolink » Tue Apr 18, 2017 7:19 am

The decision made shows the folks doing these 730 evaluations, along with CA case law allowing out of state moveaways, are damaging to children. Even in my state, which most often looks at the "best interest of the momma," out of state moveways don't happen without consent or abuse/neglect. Most states recognize the value of 2 fully involved parents in a child's life. CA claims to, but its moveway policy is in contradiction to the fact, unless you buy into the feminist dogma that children are best to be in just home and it should always be the mom.
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Re: California - contested custody issue update

Unread postby Qwertyuiop » Tue Apr 18, 2017 8:53 am

Trevor wrote:How robust have your job search efforts been, during the past 5 months as you've awaited this decision? Surely you have some leads in the new area by now.


I have not looked for jobs in the area the mother wants to move to. My attorneys had been right every step of the way and they assured me that a move away would not happen.
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Re: California - contested custody issue update

Unread postby Trevor » Tue Apr 18, 2017 11:44 am

That was a big mistake. Start your search immediately.
"Personal density is directly proportional to temporal bandwidth."
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Re: California - contested custody issue update

Unread postby Tom Kirkpatrick » Tue Apr 18, 2017 12:50 pm

No matter what your attorney tells you, your case can turn on a dime, for little or no reason. When all is said and done, even with circumstances in your favor, outcomes are unpredictable. With that in mind, it pays to have a Plan-B for every contingency. In this game, there are no guarantees.

Tom
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