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Mom Is Intentionally Denying Parenting Time |

Автор: Court Archives

Загружено: 2024-11-04

Просмотров: 70369

Описание:

Court hearing. Here's a summary of the key issues and the judge's rulings:

Key Issues:

Motion to Enter Judgment of Divorce: The defendant's attorney (Kamaraski) argued that the judgment of divorce, signed by both parties, was not filed by the plaintiff (Cotton), causing delays in property division. The plaintiff's attorney (McCoy) countered that the judgment couldn't be entered due to unresolved child support and custody issues, citing legal precedent preventing bifurcation of the case.

Parenting Time Dispute: The defendant claimed the plaintiff was denying him parenting time, while the plaintiff argued the 14-year-old child refused to go. Evidence and testimony regarding the child's refusal and the deterioration of the father-son relationship were disputed.

Motion to Limit/Exclude Evidence: The defendant moved to exclude unverified and unauthenticated text message screenshots submitted by the plaintiff.

Motion for Protective Order: The defendant sought a protective order to prevent the submission of similar unverified evidence.

Overall: The judge prioritized resolving all aspects of the divorce case before finalizing the judgment, emphasizing the importance of compliance with court orders regarding parenting time. The judge also clarified rules of evidence regarding the admissibility of text messages, stating that while they need proper foundation, the lack of formal verification doesn't automatically exclude them from being considered as evidence.

Entry of the Judgment of Divorce: The defendant's attorney (Ms. Kamaraski) argues that a signed judgment of divorce exists but hasn't been filed by the plaintiff (Ms. McCoy's client). She requests the court to enter the judgment, allowing for property division. Ms. McCoy argues this is improper because outstanding issues regarding child support and custody remain unresolved, citing legal precedent against bifurcating the case.

Parenting Time: Ms. Kamaraski alleges the plaintiff is intentionally denying the defendant parenting time, providing evidence of the plaintiff's admissions. Ms. McCoy argues the child refuses to go with the father, and that this refusal, coupled with evidence of a deteriorating relationship between the father and child (to be presented at a future hearing), constitutes good cause for the plaintiff's actions. She disputes a finding of contempt.

Evidence Admissibility: Ms. Kamaraski moves to exclude certain exhibits submitted by the plaintiff, citing issues of verification, authentication, and dating. Ms. McCoy argues the relevance of the text messages and that the referee can determine admissibility at the upcoming hearing.

Child Support: Ms. Kamaraski points out the plaintiff hasn't paid child support as initially recommended, even before the formal opt-out from Friend of the Court.

Key Legal Issues:

Bifurcation of Divorce Proceedings: The core dispute revolves around whether the court can separate the property division from the child custody and support issues. Ms. McCoy argues against bifurcation, citing case law.

Contempt of Court: Ms. Kamaraski seeks to hold the plaintiff in contempt for violating the parenting time order. Ms. McCoy argues the child's refusal and the deteriorating relationship provide good cause.

Admissibility of Evidence: The admissibility of certain text messages and exhibits is contested based on their form and verification.

Outcome: The transcript doesn't provide the judge's ruling on these issues. The judge's decision will likely address the legality of bifurcating the case, the merits of the contempt claim, and the admissibility of the contested evidence. The hearing will likely be continued to allow for further evidence and arguments regarding custody and child support.

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Mom Is Intentionally Denying Parenting Time |

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