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Author Topic: I'm worried about my stepdaughter  (Read 562 times)
DreamGirl
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« Reply #30 on: March 20, 2013, 01:07:09 PM »

How do we enforce it?  This is all new to me.

Probably by hiring an attorney that you can't afford.

It's just like when someone is violation of the court order by not paying child support, you have to go to court and "enforce" the order. You have to tell the court that the other parent is in violation and that their intervention is needed to help the other parent comply (order a wage assignment, bank lien, etc). If my exH doesn't pay his child support and I don't go to court to enforce the order, he's just merely not paying his child support and I'm saying that it's OK (which I have done a time or two in my day).

In the same way, you'll have to file contempt charges and have her explain why she's violating the order she agreed to. 


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newlymarried
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« Reply #31 on: March 20, 2013, 01:32:45 PM »

I wonder if we could have attorney's fees thrown onto a contempt hearing. She has gotten a job and hasn't update the court with her new financials or where she lives.
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DreamGirl
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« Reply #32 on: March 20, 2013, 01:41:06 PM »

I wonder if we could have attorney's fees thrown onto a contempt hearing. She has gotten a job and hasn't update the court with her new financials or where she lives.

You could ask for them as part of the hearing, hope they'd get awared... .  and then you'd have to enforce that as well. 

An attorney will also probably want a retainer up front.
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Free One
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« Reply #33 on: March 20, 2013, 03:08:40 PM »

I wonder if we could have attorney's fees thrown onto a contempt hearing. She has gotten a job and hasn't update the court with her new financials or where she lives.

You could ask for them as part of the hearing, hope they'd get awared... .  and then you'd have to enforce that as well. 

An attorney will also probably want a retainer up front.

A reputable attorney should be able to give you some basic info about how they would approach your case before you have to pay any fees.
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mamachelle
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« Reply #34 on: March 21, 2013, 12:24:01 PM »

He filed his motion and it became part of the court order this month that kiddo isn't to be around felons. I think that if we do a well child check on kiddo while she is with mom and find kiddo with felon, we can get kiddo.

I just want her gone.

I just wanted to say that this bit here about a Well Child visit, concerned me, newlymarried, because it sounds like it would be very frightening for your SD4.

Also, concerned that long term when things got bad she would either expect Dad to rescue her or be upset that she was not being rescued.

At any rate, I think the best thing would be to deal with this outside of a confrontation in front of your SD. Hiring an attorney seems the best way to deal with it from my perspective.

  Hope your SD is having a good week.

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« Reply #35 on: March 21, 2013, 02:30:30 PM »

I can see how a welfare check could be traumatic, however, I don't see it as rescuing. Rescuing is helping someone out of a situation in which they can or should be able to help themselves. This is not a situation in which a 4 year old has the tools or means to help herself. She needs to know that if she is in danger, her dad will be there to help her and be the adult.

I think the bigger problem with doing a welfare check is whether the police can do anything about it. Most court orders, such in divorces, are civil issues and cannot be handled by the police because no crime is being committed. An exception would be if one parent was withholding court ordered visitation from the other. The only way I can see a benefit in involving the police is if you know for sure that they will document who is with the child so that you can use that in court to prove the mom violated the order.
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newlymarried
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« Reply #36 on: March 21, 2013, 07:05:35 PM »

I just wanted to say that this bit here about a Well Child visit, concerned me, newlymarried, because it sounds like it would be very frightening for your SD4.

Her Dad is in Law Enforcement, so cops aren't scary to SD4. She is also only 4 and she know that the police are there to help people, because that is her Daddy's job.
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mamachelle
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« Reply #37 on: March 22, 2013, 01:22:50 PM »

She has her eow weekend and she is getting a week with her shortly because of spring break. There is also summer coming up shortly. BPDexw's fiance does have a history of Domestic Violence thrown in with his 15 year meth binge.

The stipulation is in place that kiddo is not to be around felons. BPDexw's fiance is a felon. She is supposed to have all of her parenting time at her parents house, also as a part of the newly signed and put into the parenting plan stipulation. She wants to take kiddo to the meth capitol of the state and have kiddo there with captain felon and his gangbanging family.

She can't just take it back, it is part of the parenting plan. This is our court order.

I would work on getting the parenting time at Grandma's house then. Are her parents aware of current issues and court order?

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newlymarried
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« Reply #38 on: March 22, 2013, 08:13:48 PM »

She agreed to do her parenting time at her parents in front of her father, but has continued to bring SD4 to felon's house. I don't think they know that it is now a court order. I don't think the felon knows he shouldn't be around kiddo. Lying is BPDexw's SOP.
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