Entitled Mom Tries to Block Dad Shared Custody Visitation...

So, judge, what we're what we're asking the court to do today is adopt our proposed parenting plan in this matter. We're asking for essentially a week on week off schedule. And what the parties have been doing is school is about ready to start next week.

I believe it starts the 11th. My client's been having the children Monday through Friday from about 7 7:30 a. m.

to 4 4:30 p. m. as well as overnights, Wednesdays and Thursdays and then every other weekend.

Mom wanted time this summer to see how everything went. And if you look at all that parenting time he's had for the past three months, Judge, that's about a 46% parenting time. Um, I know mom has supposedly had concerns about my clients drinking in the past.

Um, judge, he does admit that he is currently um going to going to VA meetings, I believe, once a week. He also has a therapist, Dr Jinger Gun, but he's been doing that for over a year. Moreover, um, he offered to take a hair follicle test if mom would pay for it, and she's never taken him up on that.

and her conduct judge by allowing him to have the children um for so much time essentially demonstrates that he is ready for shared residency at this point. Um he the children are doing extremely well. Mom works Monday through Friday from about I think 7:30 to 4:30.

I think her hours changed a tiny bit. So even during her parenting time, um he would be able to pick the kiddos up from school. He is on VA disability judge, so he he does not work during during the week at all.

He is ready and able to have all of the children. Um and he's been successfully doing that for the past few weeks. In fact, he the only reason um that the that um that Miss Claus gave my client about not wanting to do shared residency is she just wasn't ready for that is what she told him.

That's not an appropriate reason. Judge, my client has done everything that's asked of him. In fact, he has helped mom be able to maintain her job.

He also, as I stated, um he also has no issue with picking up the children from from school during mom's parenting time and then she can come to his house and pick up the children from there when she gets off work. Um it's my understanding she works at the prison, so she can be hard to to get a hold of during the day or at least that's according to my client, which he understands. Um, so there is zero reason at this time, judge, for my client not to have shared residency.

Um, we're asking, as I said, for the week on, week off, I believe from Sunday at 12 to Sunday at 12:00 p. m. is what our um is what our uh proposed parenting plan states.

And in fact, I mean, really, they're almost to de facto shared residency at this point anyway. Like I said, when you take in into consideration all the time, all the parenting time that he's had this summer, um he was already at 46% according to our parenting time calculator that we had. So, we are asking the court to adopt that parenting plan.

And um I am in settlement negotiations with Miss Lockach regarding property. I I think that we'll be able to to get that done. There there isn't Knock on wood.

I don't think this case is very complicated with respect to property judge. Um but we are um just asking the court maybe to to set this out and judge I don't know do you guys do you do mediation at all for for parenting time? Um we do domestic consiliationally.

Okay. Um that might be beneficial to these parties. Um, but c considering the amount of parenting time my client has had, um, and the fact that it's been going really well.

He's, like I said, he's also been helping mom out, watching kiddos with her job. In fact, she I forgot to mention, she actually traveled out of state um, for multiple days and he had the kiddos for multiple overnights as well. So, judge, we're asking essentially just for 4% more parenting time at this point.

It's minute what he is asking for for for a difference in parenting time and that is what we would submit to the court. So uh where do each of the parties live? They they they both live um in El Drdo.

All right. And the kid Where do the kids do the kids all go to school in Elorado school? Yes.

Yes. And they're in what grades are they going to be in this year? Gavin, what grades are they going to be in?

I know they're all in elementary school. Uh, third, second, and kindergarten. Third, third, second, and kindergarten.

Mhm. At Blackmore and they start next week. Yes, your honor.

They they start on Tuesday. Okay. And Miss Dixon, you said your client is on VA disability and is not working during the days.

Correct. Okay. And the current plan they have is he is Monday through Friday and every other weekend and has two nights overnights as well during the week.

Okay. that the parenting plan stated by Miss Dixon is not accurate. Um, and I would be happy to provide some clarification.

Okay. Yeah, if you could please. Sure, judge.

So, the Mr Klouse has been providing workrelated child care this summer um so that my client can maintain a job. She doesn't get child support or spousal maintenance in this case. Um, and so obviously she needed an income.

Um he has he provides that child care for her on her parenting days which are Monday, Tuesday and Wednesday. He has the kids overnight from Wednesday at 3:30 until Friday about 5:30 and then he has had them one weekend a month. I'm sorry, judge, that is correct.

The one the one weekend a month. I apologize. And when the children start school, there will be no need for the workrelated child care um additional time that he has been exercising.

Is is the kindergarten a full-time kindergarten? Yes, your honor. And they're all at the same school, correct?

Yes. All right, Miss Lockach, what what is your client's proposal? Your honor, our proposal is that the the temporary order maintain the status quo, which would be um traditionally the purpose of a temporary order while the court determines what is in the best interest of the children after um hearing evidence and considering the parenting time factors.

Our proposal is that we we do just that, maintain the status quo, which is that my client has the children um essentially from Sunday till Wednesday after school. Uh Mr Klaus has the children every Wednesday after school until Friday after school and then he has one weekend a month. And how the parties have organized that is essentially they do it monthtomonth which weekend he has.

they haven't had a set weekend that he um has parenting time. Um and that parenting time ends what time on Sunday. We were just doing 5:30 and traditionally they have exchanged at 5:30 on Sunday during dad's uh parenting time weekend.

Um, so we're asking the court just maintain that parenting plan status quo um and not modify the children to a week on week off schedule when they have essentially seen their mom every single day with the exception of Wednesday night. They see her Wednesday morning um and then they see her Friday. So the only day during the week that they haven't been seeing their mom is Thursday.

Otherwise, they've seen her and had consistent parenting time with her. um so to start school, have their kindergartener start her first year of full-time school, um and switch to a week on week off parenting time where now they're suddenly not seeing their mom for a whole week at a time. That that's just too much change, um all at the same time.

Maintaining the current parenting time schedule gives each parent the opportunity to see the kids every week. um it maintains the consistency that they've had. Uh and it it essentially maintains that status quo while the kids start school.

Um and additionally, your honor, what Miss Miss Dixon made a comment about the hair follicle. Um we requested the hair follicle examination in advance of this hearing. Um and essentially the position was only if she would pay for it.

But but I didn't hear that until July 17th. and did not have and then I was out of the office out of state and didn't have the opportunity to speak to my client meaningfully about that. We are very still we're interested in the hair fall follicle examination.

My client is willing to pay for that. Although Mr Klouse has um more supplemental income than she does um but she's willing to pay for it uh because sobriety is concerning. It was the reason for the separation um and it is something that is concerning to her.

All right. What's your client's position regarding the domestic consiliation? Judge, I I don't think that it's necessary.

Um, these parties have been able to talk to each other, to work with each other. I think the hangup at this point is essentially um just the final division of assets. Um, but it it sounds like there's this adamant objection now to parenting time.

Um, if if we have to go to domestic consiliation, my client will participate. Um, but I think that that's a pretty aggressive approach to a relatively minor if we're going if we're talking about shared residency verse um, parenting time and what that schedule is going to be. I think the court could hear evidence on that before having someone else step in to this case.

All right. Is there not a child support order in place? There is not, your honor.

There's not, judge. And the agreement of the parties when they separated was that uh Mr Claus would continue to pay for the children's two of the children are in private speech therapy that he would continue to pay for that therapy. He has done that.

Um, and it is approximately $520 a month and that has been paid out of one of the parties joint accounts. Um, which is has not been divided between the parties to this point. Um, and so dad has been dad has been paying that amount um outside of a child's court order.

All right. Well, it makes sense to me um at least for a temporary order to maintain the current um parenting time plan that the parties have been utilizing. So that that's going to be the order of the court and I am going to order that a hair follicle test be done at the expense of Miss Klouse.

Are we talking a tin panel or what? Just just for alcohol. Judge, that's that's been the only concern in this matter.

And judge, if when he takes that and when he passes it, will the court entertain a motion to modify parenting time? because that that's been on the table for over a month at this point and he's even brought it up to to um Miss Klaus to take and she just hasn't she hasn't responded. Well, that that's a a lesser concern uh than the disruption to the to the young kids on the the proposed plan.

Um but I I'm just thinking of this as a temporary order. I I think the parties should uh attempt to come up with something different if they just can't agree. Um we can consider domestic consiliation.

My concerns with that are the costs involved and the length of time and the um possibility of of a settlement verse just getting recommendations. Sometimes it's easier just to go ahead and have a evidentiary hearing, which you're going to end up doing anyway if the parties have their heels dug in. Um, judge, with the court's permission, could we just go ahead and set this for for evidentiary hearing?

I I'm fine with that, Miss Lockach. Any objection? No objection, judge.

Um, I I'll need some time to make sure I get documents u from Miss Dixon's client. Um, but beyond that, we should be ready. I think I've produced to her what she asked my client for already.

All right. And then as far as child support, are the parties wanting there to be a child support order in place based on the the temporary parenting plan that's been ordered today? Judge, if if Miss Lockach is in agreement, I think her and I can just run the numbers on it because both parties just they're just normal.

I he has his vis disability income and she's a W2. The only thing I would ask for is I'd have to run the number on how much parenting time he has, but if he falls in the parenting time adjustment for child support, I I would like the court to order that if if he qualifies for it that he would get it. I I just don't know what that what that number would be if he qualifies.

Miss Lockach, your thoughts? Judge, I think that's appropriate under the guidelines that if a parent has a parenting time adjustment that it be included in the worksheet. So, we don't have an objection to that.

All right. I'll just order that child support be calculated based on the uh court's temporary order that's just been issued. I'll allow you all to um submit those proposals to one another and it I can't imagine it'd be difficult to get an agreed child support order.

Judge, will that be effective August 1st? I think that'd be appropriate. And judge, do we need to coordinate with your aid to to get a date for the hearing?

I I was going to do that now. I Okay. Um, how far out and how much time do you think we need?

Judge, I would ask I well, first of all, I would say half day. If Miss is in agreement with that, I think we could get it done in half a day and then I would say as soon as the court can can hear it and whatever works with everyone's schedules, right, Miss Lock? Um, I feel like every time I get set for a half day, we end up needing another half day at another time.

So, I think maybe a full day and we hope that we give you half your day back. That's fair, Judge. Better to be safe than sorry.

All right, Angela, when do we have a full day? October 1st at 9:00. Is that the one we just took off, Angela?

It is. Okay, great. Well, then I'm available.

Look at that. I have that full day, too, Judge. All right.

At 9:00 a. m. , correct?

And that'll be in person here at the courthouse. And exhibits. If you have more than 10 pages of exhibits, if you could put those in a notebook and get them to us uh 3 days ahead of the hearing.

If you all reach some sort of an agreement on all issues ahead of time, uh, let us know. We can either schedule an in-person hearing or, uh, if it's by agreement, then you all draft the appropriate paperwork. Um, I oftent times will just sign those without a hearing.

as long as it's agreed to by both parties. And judge, if we I I know it kind of differs from judge to judge, but if let's say we reach an agreement on property, um will the court bifurcate the the divorce if we reach an agreement on that or do you prefer to handle everything at once? I I'm not a big fan of bifurcation.

I'd rather just do it all at once. Understood, judge. Thank you.

All right. We need to have Miss Lockach, can you prepare the the temporary order? Yes, your honor.

Um, can I include that the parties exchange their exhibit 7 days in advance? That sounds appropriate. I have no objection to that.

Um, yes, I can prepare the temporary order. All right. And that's going to include the the hair follicle request.

We probably should set a deadline to have that done. Can that be done within by the end of this week? Gavin, can you can you get it done by the end of this week if if she pays for it?

Okay. Miss Lock, can your client pay for that this week? Yes, your honor.

And do they do that here at Ashur across the street or does he have to go somewhere different? I I tried to call Ashur about this last week but I I didn't get an answer. They historically have not but I'll call and find out.

If not, I think Express Wellness and Andover does them, but she'll communicate with him where she has coordinated that. Okay. And the five days is just so we don't lose track of it.

If logistically it can't be done because of location, then just agree to a time if it goes beyond the 5 days. Okay. And is it okay if I include the scheduling order in the temporary order?

I I I think that'd be a good idea. Okay. All right.

Anything else today? No, judge. Thank you.

I don't believe so. Thank you, everyone. will be in recess.

Have a good day.