What is the best “Plan of Attack”?

What is the best “Plan of Attack”?: Sorry to word it that way but I have been pushed to the point of taking a strong offense to shut down the circus of non-compliance from my ex. I would like to file for reduced visitations to once a month pending a noticeable change of character and consistency. The father has repeatedly missed visitations. he has every other weekend no overnights but in the past 5 months he has only seen our daughter for a total of 3 hours! He has admitted to interrogating and recording her, drove her around without seatbelts, filed false restraining orders, and committed perjury on custody, child support and the rest. order documents. I have plenty of documentation emails, police reports, etc to prove he has not shown any real interest or effort to be a part of his daughters life. In fact any time there is a change in custody he ignores it. But at the first notice in change of child support he is on the phone right away, contesting the changes. The judge hasn’t noticed the evidence yet and I am preparing a declaration for our hearing on jan. 19th. I would like to know if there is anything else I should file for? the hearing is for the minors council assessment. I can not afford a retainer

 

Lara’s answer: The best “plan of attack” is to write on your notepad, in HUGE LETTERS:

“A CHANGE IN VISITATION IS IN THE BEST INTERESTS OF OUR DAUGHTER.”

The Court does not want to hear you go on about how bad your ex is. The Court does want to hear you explain what you have observed about your daughter’s reaction to your ex’s bad behavior. You want to explain to the Court that the emotional roller coaster that your ex has put your daughter on is detrimental to her emotional and psychological well being, and that a change in visitation is in your daughter’s “best interests.” You can point out to the Court that your ex is focused less on the well-being of your daughter than he is on trying to make sure that he doesn’t have to pay more money to support her. Best plan of attack would be to write a declaration, then read it aloud….if it sounds more like a drama you would see on a television reality show than one you might expect to hear in a college classroom, then you need to edit it to make it sound more like a college term paper than a made-for-tv movie. Good luck!

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