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ElleMD last won the day on January 15

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About ElleMD

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  1. Had he requested equal custody/visitation when the child was 6 months old, it is unlikely it would have been granted. It is very rare for a judge to order equal custody for an infant.
  2. Nothing you describe changes his RIGHT to parent. He is still just as entitled under the law to parent the child as you are. Even if he is a "bad" parent, he still retains his rights, equal to yours. A person can not give up those rights and a court will only take them away in the very worst of circumstances as a last resort. Typically after several attempts to avoid having to terminate or curtail those rights. Children of parents who no longer together live the unfortunate reality that they don't just live with both parents in the same house, all the time. It is rare for a custody arrangement to never change, particularly when the child is so young when the parents split. Eventually, the child gets used to the new routine and the other parent's way of parenting.
  3. Pretty much guessed you had been through a bad custody battle as a child yourself. You need to not impose your feelings on your child. You and your ex are not your parents and he is not you. Stop playing amateur psychologist and assigning motivations to others' actions based on what it would mean if you did that. You are not them. A 6 year old not wanting to go someplace else doesn't have to have any deeper meaning and it sure doesn't mean his emotional needs aren't being met. It can mean, he doesn't spend as much time with Dad so doesn't feel as comfortable there, he wants to play with his toys at your house, he picks up on your dislike of his father and the new gf, he is exerting his independence to see if he can get away with not doing something asked of him, or he is simply human and doesn't feel like going for the same reason we adults sometimes don't feel like going somewhere or doing something. In any case, unless the reason he doesn't want to go to Dad's is Dad is truly abusive (a spanking for misbehavior is not abuse), the court is not concerned with the whims of a 6 year old. You are welcome to discuss with his father how to increase his parenting time in a more palatable manner, but even from where I sit, I can't say as though I blame Dad for assuming that is not going to happen. To be completely frank, you come across as controlling and being unwilling to give an inch unless forced. You want the lion's share of the parenting time and consider your ex to be inferior as a parent, rather than just having a different style than you do. If I can see that, it is entirely possible the judge will come to the same conclusion. You can't on the one hand not let the child spend much time with him, then complain that he doesn't spend much time with Dad. Or be the custodial parent and complain you have to handle the bulk of the medical appointments.
  4. Employees of school systems are typically covered by local tort claims acts. Here is a starting point for CA https://sacramentopress.com/2014/03/31/everyday-law-claims-against-the-government/
  5. A receipt is not a contract. Apparently the technician did not have the authority to waive a service fee.
  6. I can't tell if this is your cousin or your son. I am not sure what his landlord (who I presume was the family friend so frequently mentioned in the articles about the incident) posting a "Go Fund Me" page on his behalf or purses stolen from the memorial service have to do with the young man being pushed vs. falling. You are making a very serious allegation. You also have no idea what was done by way of investigation as the police are not going to share that. You are welcome to take your concerns to the police, but you can not force them to do an investigation and most of what you describe above has absolutely nothing to do with what his friends might have done or witnessed when he fell. It isn't unusual for a 27 year old to have an advanced directive, especially if they have ever had a surgery or other major medical procedure. In any event, it doesn't appear that had any bearing on his death.
  7. You still haven't shared if the debts are from prior to marriage or were incurred during the marriage. Your ability to repay the debt is irrelevant to whether or not you owe the debt.
  8. Please do not post inaccurate information. Children may not decide they do not wish to obey a court order for visitation. An order for child support is not the same as custody and paying child support has nothing to do with who has legal or physical custody.
  9. It is NOT kidnapping if the father was awarded custody by the court. CPS is not going to much care about a house he sometimes visits being a wreck. Per the post the child doesn't live there, but sometimes visits his grandparents who do.
  10. How could it possibly be the fault of anyone but your wife? A parked car didn't leap out and strike her vehicle. Whether she could legally make the turn or not, is irrelevant. She hit a stationary object.
  11. Not to totally turn this dead horse into glue, but there is a lot more to the story than shared at the link posted above. The "innocent" pictures of the kid were not the ones that led to charges. http://abcnews.go.com/US/soldier-charged-possessing-child-pornography-receving-innocent-photos/story?id=9595638
  12. It is unclear why you stayed married to this guy or had a child with him, but that is water under the bridge. There are two kinds of custody. Physical custody is where the child lives. Legal custody is the right to make decisions for the child. It is not clear which you are seeking here. Courts are extremely reluctant to remove legal custody. No visitation is also extremely unlikely, especially since you AGREED to visitation prior to the divorce. What changed? His sexual desires might be unorthodox/ revolting, but unless he is molesting the child, they aren't going to be terribly relevant. MS does not mean mentally unstable. As far as care of the child and expenses during the marriage, you were married. It was all joint money. The court does not care much how you handled finances within that marriage. It is not at all uncommon for one spouse to fully support the family financially.
  13. Since you mention "district" it sounds like this is a public school. As such, you chances of suing this teacher personally are basically nil, as she was acting in her capacity as an employee when the accident happened. It also sounds like it was just that; an accident. Suing the school/district is equally unlikely. Did you file a liability claim? Most every (dare I say every) district carries liability insurance for these kinds of incidents.
  14. It is unclear why you need a GAL? It isn't always necessary. If you wish to only interact with your ex only interact with your ex. Call and speak to him. Talk to him when you exchange the child. It is also unclear why you oppose increased time with his father. If it is just because your 6 year old says he likes things the way they are now, that isn't going to cut it. A judge might take a teenager's preferences into account, but even then, it is unlikely a judge would give more weight to, "I just don't want to" than "legal parent entitled to time with the child". It is very common to move closer to an evenly shared custody arrangement once the child is older.
  15. It isn't illegal to know your age, and in fact, that you are over 40 is probably obvious without them knowing the exact age. It isn't a best practice to ask age, but in and of itself it isn't illegal either.