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Conference quokka::non_custodial_parents

Title:Welcome to the Non-Custodial Parents Conference
Notice:Please read 1.* before writing anything
Moderator:MIASYS::HETRICK
Created:Sun Feb 25 1990
Last Modified:Fri Jun 06 1997
Last Successful Update:Fri Jun 06 1997
Number of topics:420
Total number of notes:4370

286.0. "court on friday.is the P.O report anygood in court" by WFOV12::TORRES_JIMMY () Tue Nov 16 1993 15:34

    I will going to court this friday to determine who will get custody of
    our two daughters.
    The probation officer had interview me and my x. 
    My lawyer calls me up yesterday and said that she talk with him even
    thou he did not directly tell her that it favors me she said but it seems
    real good that I will get full custody or it remaines the same one week
    with me and the other week with there mother.
    
    How strong or how tight will the judge take the investigators reports
    and will he base his judgement on that report?
    
    any advise or comments well come..
T.RTitleUserPersonal
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286.1Don't Know!PCCAD5::PC_GUESTWe're only HumanTue Nov 16 1993 16:097
    Be prepared for anything Jimmy. The worse thing you could do is get
    your hopes up and then get slammed by the judge. Keep your expectations
    under control. Remember, the judge has disgression. If the report
    favors you that doesn't mean the judge will see it that way. Be
    prepared for the worse, and if the worse doesn't happen, you can
    rejoice for your triumph. I wish you all the best.
    				Dan Dingeldein
286.2Report good, but not bindingCSC32::HADDOCKDon't Tell My Achy-Breaky BackWed Nov 17 1993 10:217
        The court will certainly take the report into consideration.  However,
    there is probably nothing that says that the Judge is bound by the
    report or that any certain amount of weight be given to the report.  

    As .1 indicates--hope for the best, but prepare for the worst.

    fred();
286.3CSC32::HADDOCKDon't Tell My Achy-Breaky BackWed Nov 17 1993 10:222
    b.t.w. Good luck to you--and your kids.
    fred();
286.4Be prepared for things to stay the sameNSTG::SHEEHANWed Nov 17 1993 11:1320
 Jimmy,

 I went to court in September and even with the Gaurdian Ad Litem's
 written recomendation and statements in court that I "Dad" be awarded
 custody if both parents continued to reside in different towns/school
 districts. "Our two daughters ages 7 & 9 currently attend school in the
 town where I live and they have resided primarily all of their lives."
 The Marital Master did not make any changes to our physical custody
 arrangement which is and was 50/50 he also felt that their Mom commuting
 them back and forth to school while our children reside with her was fine
 with the court unless in the case of unreasonable distance between Mom and
 Dad's residences. Currently we live approx. 15 miles appart. The court did
 not state what "Unreasonable Distance was". 

 So be prepared for things to remain the same!

 Good Luck!

    Neil....
286.5AIMHI::RAUHI survived the Cruel SpaWed Nov 17 1993 13:435
    The outcome will depend upon who has presently the children. She has em
    you going to be their visitor in their life. If you have them. The
    shoes on the other foot. 
    
    Mean time. Good Luck, and God Bless
286.6Status Quo unless ....AKOCOA::BBLANCHARDWed Nov 17 1993 18:4812
    The Investigator usually favors leaving the arrangements as they are
    unless your ex gave him a significant reason for changing the
    arrangements.  The Judge usually favors leaving things as they are,
    unless the investigator specifically offers good reason to change the
    agreement.  My guess is that it will stay the same unless the children
    are in obvious danger......and I mean OBVIOUS!
    
    That is, unless your daughter's have indicated and extreme interest in 
    living only with you or only with their mother.  That might change
    the status.
    
    Good Luck  
286.7AIMHI::RAUHI survived the Cruel SpaMon Nov 29 1993 11:583
    jimmy,
    
    How did court go?? Hopefully things are well and you have custody.
286.8CONTINUOUS WFOV12::TORRES_JIMMYWed Dec 01 1993 14:368
    WELL, MY WIFE AND I WAITED IN COURT. WE SOPPOSED TO HAVE A TRAIL BUT MY 
    EX-WIFE AFTER SHE READ THE REPORT FROM THE INVESTIGATOR SHE DECIDE TO
    GET A LAWYER . MY LAWYER SAID THAT THE REPORT FAVOR ME AND IT WOULD BE
    BETTER FOR TO GET ONE, SO I AM WAITING FOR A COURT DATE. MY LAWYER SAID
    EVEN IF SHE GET ONE IT WILL BE HARD FOR HER AND HER LAWYER TO SAY
    ANYTHING DIFFERENT.
    
    THANKS
286.9AIMHI::RAUHI survived the Cruel SpaWed Dec 01 1993 17:552
    Congrads Jimmy! Keep living like a saint and things will go well for
    you. Good Luck!!