I've spoken with my kids& bcoz we haven't seen each other since Dec2013 they did say they want to see me more often now that I'm back n d country. My current visitation sked is Fri-Sun every other week but I filed RFO rqsting 4 more time. Kids hav court ordered therapist who recommended me 2 have Thu-Sun visits every other wk, d mom won't agree. We met with FCS & I try to be a very nice respectable person & never bad mouth d mom of my kids. I went in there & only discussed d ssked I'm hoping to get. But FCS mediator told me d mom had nothing but bad things to say abt me & signed papers under penalty of perjury. I just rcvd d FCS rec & its 25% time 4 me. I'd like to dispute that but i need legal basis how i can raise it anywhere between 40-50%. I hav a 4bdroom home & can provide 4 them. TY!
Family Law Attorney
You can ask the judge to give you more time, if your children are old enough to talk with them in chambers. But do not push it. Having an attorney would help as he can play bad cop and you play good cop.
My offices does represent people from Avvo if they contact me but only in the Los Angeles, Orange, Ventura, San Bernardino and Riverside County in Southern California. The answers I give here are not meant to create an attorney client relationship. When accepting clients I conduct interviews face to face and they often take 30 minutes or more. I approach trials and issues from a legal and common sense approach, This is how the majority of judges I have appeared before in 40 years also make decisions. I do not intend by my advice to enter an attorney client relationship and in most cases advise to obtain legal representation. Sometimes if you can not afford it a consultation or limited scope representation is available. As an experienced attorney I can tell you, judges can be impatient, hate emotional arguments and over exagerations or lies. A brief outline of the problems and desired solutions is often best and I d0 limited scope representations advise clients on how to proceed at time of hearing or trial and my fees are considerably less when I do not appear in court as it takes much less of my time.
The court is not required to adopt the mediator's recommendations. You can provide additional evidence to the court, such as a declaration from the children's therapist or other witnesses. If, at the hearing, the judge is inclined to accept the recommendations, you can request an evidentiary hearing where you will have an opportunity to put on evidence, or ask that the children be interviewed. I hope you don't mind my saying - but your declarations to the court will need to be more clearly articulated than your Avvo question if you wish to prevail. It should be very clear, grammatically correct, correct spelling etc..., and focused on the needs of your children. Also, if the Mother has made serious claims about your ability to parent the children, you should address those concerns.
Best of luck.
Please be advised that this answer in no way constitutes legal advice, and is only intended to guide you in determining an appropriate direction for individualized legal consultation and/or representation. This answer should not be relied on, as each legal matter, and the appropriate course of action, is entirely dependent on the specific facts of your particular case. You are encouraged to seek the advice and guidance of a respected and experienced attorney practicing in your community to assist you. Please be advised that this answer does not create an attorney-client relationship and these communications are neither privileged nor confidential.
The Court will not "rubber stamp" a mediator's recommendation, and such recommendations are not always admissible in Court. You should consider issuing a subpoena to the therapist to appear at the hearing provided you requested an evidentiary hearing on custody. The therapist will not be allowed to testify as to what the children have said, as it is privileged communications, but the therapist may share with the court his/her recommendations. Argue to the court all the facts supporting your reasons for equal time.