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Thread: Need serious help when stating my case to the judge for visitation

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  1. #1
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    Need serious help when stating my case to the judge for visitation

    I recently filed a motion against my kids mother for a change in visition so when I have my day in court I wanna be able to express my reasons for visition adjustment elliquently and in a educated manner.

    For instance
    Good morning your honor I'm here today to seek the adjustment of the court for my umreasonable visitation guidlines.From friday at 3PM to sunday to 4PM I currently have court appointed visitation with my son,at this point my vigirous work schedule does not allow me to succesfully entertain my son in a respesctful parental manner.My schedule is as follows 3rd shift my week starts from friday to tuesday from 12am to 8:25am which can not be altered at my request or court order.I pick my son up on fridays at 3pm and he's in bed by 9pm I then have to leave for work at 11pm and not return home till 8:45 at which point my son needs to have a bath and eat breakfast,then we decide what were gonna do for the day,we go out have a good time and then come 9pm he's in bed,and 2 hours later I'm off to work and have yet to recieve any sleep .On sunday the cycle repeats I try to spend as much time with my son as possible with or without sleep and at 4pm I take my son back to his mother.
    So from 3pm friday to 4pm sunday"49HR sleep is nonexistant,my work performance as well as my health is suffering a great deal this has gone on for the better part of 2 years and at this point I desperatly request that my days of visitation be changed to wednesday at 3pm to friday at 4pm which are my days off.I just want to give my days off soley to spending time with my son and being the father he deserves.As far as a babysitter there is no one who is willing to baby sit on weekends nor would it be fair to my son that his father hires a baby sitter for him on the only 2 days a week he see's him.All my child support payments are current and have stayed within all court applicable guidlines.I only want to be the best father for my son I can be and at this point that's impossible.

    Does this sound like an educated request I'm trying to articulate so it sounds respectful any and all suggestions welcome please help guys.
    Last edited by dedic8ed1; 09-28-2006 at 05:53 PM.

  2. #2
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    I think it's very well written..

  3. #3
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    It sounds good, but you have to imagine that your baby momma is gonna be trying to accomodate her own schedule, and if that means your changes are conflicting with that, the judge won't alter the visitation rights.

    Have you spoken to the mother about maybe a mutually benefical change that she could live with, and THEN present it to the courts?

  4. #4
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    Quote Originally Posted by Phreak101
    It sounds good, but you have to imagine that your baby momma is gonna be trying to accomodate her own schedule, and if that means your changes are conflicting with that, the judge won't alter the visitation rights.

    Have you spoken to the mother about maybe a mutually benefical change that she could live with, and THEN present it to the courts?
    Yes,but this girls mission in life is to make mine harder,she also has 2 other kids and today for instance she needed someone to watch him so she called my mom just in spite of me.

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    As far as I know she just wants her free time on weekends,but not at the expense of my health fuk that

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    I need good things to refuit with like with my health as a concern I can no longer do this
    tell me some good things to refuit with when they try to deny me

  7. #7
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    Quote Originally Posted by dedic8ed1
    Yes,but this girls mission in life is to make mine harder,she also has 2 other kids and today for instance she needed someone to watch him so she called my mom just in spite of me.
    That's too bad, why spite the father of your children unless he deserves it...

    I think your best bet would to be honest and sincere and show that you have the best interest of the child in mind by asking for this, which, from your speech, sounds like you do.

    Good luck man!

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    Quote Originally Posted by Phreak101
    That's too bad, why spite the father of your children unless he deserves it...

    I think your best bet would to be honest and sincere and show that you have the best interest of the child in mind by asking for this, which, from your speech, sounds like you do.

    Good luck man!
    Thanks bro I'm gonna need it.

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    How can a judge deny that rite c'mon man I'm not sleeping not only is that unfair it's borders the lines of vindictive abuse.This bitch knows she can let me have him on my days off but she knows she can go to court and get whatever she wants,yeah I could get a laywer but I'm about to get my own spot there's no way I can hire a attorney to do what's called laywer mediation where the 2 laywers go back and forth to each parties trying to make compromises that's bullshit man,I guess I won the award for getting mixed up with the most miserable twot in this planets existance

  10. #10
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    looks good!best of luck keep us posted

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    its a dirty war.. im in one too.. best of luck man.. no matter what.. always act in the best interest of the child in front of the judge.. never mention what she does wrong or anything..let her make herself look bad... just act as tho she doesnt matter... dont disrespect or sink to her level.. state your case.. let her ruin hers...

    good luck man..keep me posted!

  12. #12
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    Quote Originally Posted by IIIIIIIIIIII
    its a dirty war.. im in one too.. best of luck man.. no matter what.. always act in the best interest of the child in front of the judge.. never mention what she does wrong or anything..let her make herself look bad... just act as tho she doesnt matter... dont disrespect or sink to her level.. state your case.. let her ruin hers...

    good luck man..keep me posted!
    And gooluck to you too and thanks,it's fukd up man if you read my thread on a little about me she was the one I met when I was the man,why are the hottest girls such bags of shit,not all but most
    http://forums.steroid.com/showthread.php?t=262870

  13. #13
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    looks good bro it will all work out for u there is no reason for them to do otherwise.things will go ur way for u r doing the right thing.and in turn doing that the right thing will happen to u
    and on a lighter note u kicked my ass today with that high intensity back work out bro im just feeling a little shaky now but tommorow i will feel the full rath of it rest asured

  14. #14
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    Quote Originally Posted by pumpd4lif
    looks good bro it will all work out for u there is no reason for them to do otherwise.things will go ur way for u r doing the right thing.and in turn doing that the right thing will happen to u
    and on a lighter note u kicked my ass today with that high intensity back work out bro im just feeling a little shaky now but tommorow i will feel the full rath of it rest asured

    That's what happens when you train to grow bro I look foward to training with you more man especially now that your on again

  15. #15
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    Quote Originally Posted by dedic8ed1
    That's what happens when you train to grow bro I look foward to training with you more man especially now that your on again
    muhuhahahahahahah indeed

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    Quote Originally Posted by pumpd4lif
    muhuhahahahahahah indeed
    Tomorrow chest bro,And PM me next time thread jacker

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    I'm telling ya man all I need is a real good girl like this girl at my doctors office and everything would be cool

  18. #18
    looks very well written..good luck bro!

  19. #19
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    You think I should change anything these judges respect articulate argument

  20. #20
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    Actually, this is the wrong thing to do, and let me tell you why. First, the judge here's motion after motion, day after day, and chances are he'll be looking at a pad of paper doodling while your talking. If you "lose" his interest, you'll be starting over. This isn't an essay your reading outloud to a class of people. Keep HIM on point so you don't "lose him."

    Keep in mind that if you "flood" him with too much information, he's gonna be asking you a ton of questions which you will be repeating from what you just said. Also keep in mind that the judge is just a regular "guy" so handle it more as if it were a discussion, but keep it professional.

    Kinda like this:

    You: Good morning your honor, I'd like to address an issue I have with my current visitation schedule with my son.

    Judge: What seems to be the problem?

    Now, when he asks what the issue is, address EACH ONE SEPERATELY, but let HIM ask questions between each issue. Turn it more into a conversation. If it's just a script, you're gonna lose him. Also, don't interupt a judge. Take turns speaking.

    Hope that helps. I spend alot of time in court with my work. I've realized that honestly, nobody gives a shit. Your just another case file. If you start off like every lawyer out there, chances are you get treated like every lawyer. If you are personally representing yourself, keep it man to man.

    Good Luck.

  21. #21
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    Quote Originally Posted by elvisinturn1
    Actually, this is the wrong thing to do, and let me tell you why. First, the judge here's motion after motion, day after day, and chances are he'll be looking at a pad of paper doodling while your talking. If you "lose" his interest, you'll be starting over. This isn't an essay your reading outloud to a class of people. Keep HIM on point so you don't "lose him."

    Keep in mind that if you "flood" him with too much information, he's gonna be asking you a ton of questions which you will be repeating from what you just said. Also keep in mind that the judge is just a regular "guy" so handle it more as if it were a discussion, but keep it professional.

    Kinda like this:

    You: Good morning your honor, I'd like to address an issue I have with my current visitation schedule with my son.

    Judge: What seems to be the problem?

    Now, when he asks what the issue is, address EACH ONE SEPERATELY, but let HIM ask questions between each issue. Turn it more into a conversation. If it's just a script, you're gonna lose him. Also, don't interupt a judge. Take turns speaking.

    Hope that helps. I spend alot of time in court with my work. I've realized that honestly, nobody gives a shit. Your just another case file. If you start off like every lawyer out there, chances are you get treated like every lawyer. If you are personally representing yourself, keep it man to man.

    Good Luck.

    The judge is a woman if it matters,how do I start then.
    good morning your honor I'm here today cause I beleive that if I had my son on my days off I could be more effective as a father
    something like that

  22. #22
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    Quote Originally Posted by dedic8ed1
    The judge is a woman if it matters,how do I start then.
    good morning your honor I'm here today cause I beleive that if I had my son on my days off I could be more effective as a father
    something like that
    Start the same way. Keep it more on a conversation level than a dictation. I'm not sure what type of court your going to, but if had had to file a "paper motion" where you state the facts on paper, she's gonna have questions anyways. The whole point is that chances are, a few attorneys if not a bunch are going to recite motion after motion all day long. In family courts, judges seem to be more of a real person as opposed to someone that reads out of books. Family court requires more personal interaction with the defendant and plantiff compared to civil (law suit) or criminal court, where court procedures take more in account in regards to the "law." Fact of the matter is that the vistiation times, and rights you are asking for are not in a law book. By law, you have certain rights in regards to visitation. Above and beyond that, it's up to the judges personal discretion. That being said, if you treat it as a more "human" issue as opposed to a "law" issue you'll get a more human reaction. You want to keep it on a more personal level because what you have already is within the confines of the law. Above and beyond that, it's up to how the judge personally feels about the situation.

  23. #23
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    That's what I'm hoping bro ,I mean how could you make a father stay up for 49hrs just to see his kid ya know,thanks for your input and good luck in all you do .Ultimate fighters on so I'M chilling for the next hour but thanks bro have a good night later.

  24. #24
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    good luck , i hear you going through the same thing.

  25. #25
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    yada yada yada just bring ur ass to the weight room and stop smacking ur gums

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