Going Through the Motions
db pled guilty this morning, and the city assistant prosecutor faxed me a copy of the judgment (which will be a nice addition--as an exhibit--to my "emergency motion to modify visitation").
Now I just have to finish the damn things up and file them with the court.
Therein lies the problem.
I'm missing two crucial exhibits--or at least, what I consider crucial exhibits. The first being a copy of the chart note wherein Bob's psychiatrist at the hospital effectively banned db from visits or phone calls during the remainder of Bob's stay, and more importantly, gave his reasons why. The second being a letter from the psychiatrist, himself, stating supervised visits with db would be the recommendation.
I could file my motions now and just wait for these two exhibits to come later and present them as evidence at hearing (or file supplemental motions when I get them). But I'm really hoping for a temporary order from the judge, sooner than later, and I think my motion for that temporary order would pack a more powerful punch if I included the appropriate evidence from Bob's most recent hospitalization. That said, sitting around waiting for doctors and hospitals to provide me with a couple of pieces of paper is a nerve-wracking affair, and I really want to set the wheels in motion sooner than later--preferably before the end of this week. Because I don't intend to hand Bob over to db on Friday, and he more than intends to have him. And I'm hesitant to withhold visitation until I have a temporary order in place, considering it got me in a judge's bad graces the last time I did it (even though said judge ended up finding in my favor).
So I feel stuck between a rock and a legal hard place. File now and risk the motions being less effective, or file later (without withholding visitation) and risk subjecting Bob to unnecessary bullshit and a possible setback? Or file later, withhold visitation in the interim, and risk damaging my own credibility because I didn't wait for a judge to tell me it was okay to protect my own child?
This sucks. Deciding how best to protect your kid shouldn't ever be a game of chance.
Now I just have to finish the damn things up and file them with the court.
Therein lies the problem.
I'm missing two crucial exhibits--or at least, what I consider crucial exhibits. The first being a copy of the chart note wherein Bob's psychiatrist at the hospital effectively banned db from visits or phone calls during the remainder of Bob's stay, and more importantly, gave his reasons why. The second being a letter from the psychiatrist, himself, stating supervised visits with db would be the recommendation.
I could file my motions now and just wait for these two exhibits to come later and present them as evidence at hearing (or file supplemental motions when I get them). But I'm really hoping for a temporary order from the judge, sooner than later, and I think my motion for that temporary order would pack a more powerful punch if I included the appropriate evidence from Bob's most recent hospitalization. That said, sitting around waiting for doctors and hospitals to provide me with a couple of pieces of paper is a nerve-wracking affair, and I really want to set the wheels in motion sooner than later--preferably before the end of this week. Because I don't intend to hand Bob over to db on Friday, and he more than intends to have him. And I'm hesitant to withhold visitation until I have a temporary order in place, considering it got me in a judge's bad graces the last time I did it (even though said judge ended up finding in my favor).
So I feel stuck between a rock and a legal hard place. File now and risk the motions being less effective, or file later (without withholding visitation) and risk subjecting Bob to unnecessary bullshit and a possible setback? Or file later, withhold visitation in the interim, and risk damaging my own credibility because I didn't wait for a judge to tell me it was okay to protect my own child?
This sucks. Deciding how best to protect your kid shouldn't ever be a game of chance.
posted by Mitzi Green at 11:05 AM
1 Comments:
When you make this decision...think about Bob and only Bob. No one else should come into play when you decide this - no one and nothing. i say sit on those doctors this week to get that paperwork because it is powerful evidence. make it your goal to get that paperwork.
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