Thursday, March 31, 2011

A brief run down of why I went to court

31MAR11: Today I take over as 1SG for Apache Troop 1-16CAV. Yep, old Dingle is back in the saddle doing what he does best…taking care of hooahs. This week has been fairly stressful. Just with court…which didn’t happen and then the Change of Responsibility that will happen at 1530. And then Moo has 8th grade night for Volleyball. So yeah my weekly calendar is pretty full.


Court was a huge disappointment. This thing has grown its own ugly head and is costing me money and time to cut its head off. See, the whole point of court was for my “X” to explain herself as to why she refused to follow the plan set forth by DCBS as well as take all the children to her apartment every other week as it was agreed upon in our divorce decree. The plan in itself was simple…I and my X were to co-parent. That’s it…we were ordered to co-parent. Go figured. However, one of us felt that DCBS had no right to tell them what to do. Hence we BOTH got taken to court by the County. Once in court it was made clear who was cooperating and who wasn’t. The petition was dropped against me but not my X. The County attorney recommended that the children all remain with me until this was fully cleared up. She was given supervised visitation 1 hour every two weeks. At the recommendation of the DCBS case worker it was increased after the first meeting to 1 hour every week. This decision was made back in July10. All this lasted until Dec 20, 10 at which point my X decided to terminate her visitation and hasn’t spent time with our children since then.

So we were given another court date so she could explain why she refused to co-parent. She fired her court appointed and got another lawyer. So the next time we get to court…time had expired on the day and they were unable to proceed. Another date was set and when the time arrived we showed up. Well, my X insisted that the children speak in open court on the matter. Well the children had an attorney that was speaking on their behalf and in their interest. Well he spoke to the kids and found out they had nothing to say that would shed light on WHY THEIR MOTHER WOULD NOT CO-PARENT WITH ME AND WAS NOT COOPERATING WITH DCBS’ CO-PARENTING PLAN!

He told the judge this and the judge asked me what I felt about our children speaking. In short I told him I had nothing to hide and they were free to do so if he wanted to hear them. He didn’t want them to testify but my X insisted. So he orders them to be evaluated by a forensic mental evlauation. Then he added that myself and my X be spoken too also. So it took the better part of 6 months for all this to pass. Fast forward to yesterday. The evals were done and we had our court date. All players were present save my X. She filed a motion asking for adjudication. She the eval, at the end made a recommendation as to which of us should have primary custody. The recommendation was a shock to all parties involved save probably my X since it was in her favor. So they filed for an adjudication at it was granted along with a new court date in 2 weeks.

So as best we can figure, that’s what the adjudication is about. She wishes to use the report to gain primary custody of our children even though the report is actually incredibly negative and damaging to her. So now I wait for yet another court date. Funny thing is this was never about custody. Custody was set forth throught the divorce decree which she refused to follow. We go to court to find out why she refuses to co-parent and it she has some how made it not about HER but about custody of our children. So now you know the truth. LOL. Told ya..its a nightmare. ;-)

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