Need advice for preparing for court/Motion for Family Access Order

[mindyourmatter]

Hello everyone. My name is Erick, and I'm really needing some advice on whether or not I'm going about my court case properly. I am also requesting guidance on resources I may look into to help aid in my legal representation, for I am not in the best financial situation at the moment. I have an ok job and am seeking other forms of employment, but currently the income I bring in is stretched very thin from paying child support, bills, food, gas, leaving very little left. All tidbits of information are greatly appreciated. Now, on to my case of the Motion for Family Access Order.
   I have a beautiful daughter of the age of six. Her mother and I have never been married and have a long history of a roller coaster type relationship. Currently we're in a pretty deep slump. A couple of months ago, on memorial day weekend, my daughter's mother decided that she was no longer going to allow the visitation that we're (my daughter and I) entitled to according to the visitation order filed years prior. Upon this notice, I proceeded to the courthouse to file a complaint. I found out then that the proper motion I needed to take was to file a Motion for Family Access Order, in which I didn't have the necessary funds for at the time and had to wait till payday the following week. After I got paid, I prepared to go back to the courthouse, and in doing so I checked my daughter's mother's myspace to see if she was still residing at the same place. I knew that she had been planning to move across state lines to a nearby town, so I wanted to make sure she hadn't done so yet. Unfortunately she had, without notifying me or providing a current address. This really put a snag in things. After much research and advice digging, I figured out a way to persuade her into providing me with her current address by contacting Social Services Family Support Division. This is after leaving about 5 or 6 messages on her voice mail over the course of 5 days requesting her cooperation which was before she changed her number, and please believe me when I say that yes they were civil messages.
   Now, I am here preparing for court set for the 27th with character witnesses and empirical evidence to back my claim of interferences of visitation without good cause, and dispute the falsified allegations made by my daughter's mother and her lawyer contained within a response to the Motion for Family Access Order. May I mention that this response was extremely vague, containing no exact instances and blatant lies in attempt to incriminate myself. Unfortunately, I am confident in believing that this will act to her disadvantage in the courts by further implying to the ability of my daughter's mother to skew the truth to make it suit her. I haven't mentioned till now that my daughter's mother is diagnosed as bi-polar and is on a grocery list of medications. I also believe that she may posses more psychological disorders that have not yet been diagnosed, or I have not been informed of.
   This brings me to my final point. Upon discussing the possibility of providing testimony as character witnesses with my daughter's mother's previous friends and neighbors, it was revealed to me that there was a lot more disturbing events that took place in the confines of my daughter's home. Things that if I had known about, I would have definitely been on the phone with Social Services. These event's I would like to bring to the attention of the court.
   So on to my questions. Being that I am intending to represent myself in court at this time, is there anything I should know before doing so? I'm sure this is a long list, this is one reason why I also requested of any good sources of comprehensive resources. Continuing on to the more specific, do i need to notify anyone of the fact that I am presenting character witnesses? I lament to say it, but I know I should have found this out sooner. In defense, I must say that I was convinced I didn't need to, but now I think I should make absolutely sure. And finally, is there any specific manner in which I need to present my concern for the safety of my child residing with her mother?
   My primary objectives are as fallows. Regain visitation with my daughter, as well as recover as much as possible time that was lost during our separation. Make clear to my daughter's mother that what she had done was not right, nor healthy for our daughter, and instill a means of aiding to the understanding of this outside of a court judgment. I was thinking somewhere along the lines of counseling. And finally provide a means of monitoring my daughter's home with her mother to insure a safe and healthy household.
   Any and all contributions to my situations are greatly appreciated, for I do not think of it as merely providing aid to myself. I really hope that this works and everything runs smoothly, I really can't wait to see my daughter again. Thank you all for taking the time in reading this and I hope life fairs you well in your journeys. If you have any questions or requests to ask of me please don't hesitate to do so. Thank you all again.

[hadenough40]

Yes, you definitely sound like you have everything in order and I do believe Jimmy will be able to help you greatly.

I just want to add that if in the end the court decides that a new parenting plan should be drawn up and this should be done through mediation, please don't hesitate to contact me...ASAP.  What you are taking to the courts goes beyond simple parenting time issues, but our motion did also...the parenting time issues still went to mediation.

[mindyourmatter]

Thank you all so much for your advice. All of your contributions are very helpful.
   JEI, I really appreciate your information on the right to object. I will certainly keep that in mind while preparing for court. I do believe that it will be useful. Unfortunately she has hired a lawyer, though I say this because this is mainly taking money from what could be contributed to health and well being of the kids. I didn't mention that she has gotten married since our separation, and has had two children whom I both adore dearly. I fear that I wont be seeing them for a while. Currently I reside in Missouri, in which the case was decreed. I hope things start to look up for you in your case and you don't loose out on too much on the cs. I really screwed myself on that one. My advice is use your own means of determining what's adequate and not theirs. Although, always keep in mind that it's not about who gets what between the two of you (yourself and your ex) more as it's about what your child gains from you salvaging what's left of your relationship in hopes of benefiting your child in common.
   Hay there Jimmy. I wasn't quite sure if filing contempt of court charges was a valid option, or really how to go about filing such a charge. But I will definitely look into that more. Much obliged. We are going to be attending a M.A.R.C.H. mediation program, but I'm not really sure what to expect from it. I'm just trying to stay optimistic and know that there will be some good derived from it. All of your suggestions I will raise in court. Thank you very very much. I look forward to seeing you at your myspace page.
   And 'hadenough40'. Thank you so much for your willingness to help me with this matter. I really do think that a new parenting plan is in order. But I noticed that within the order served to me by the courts in response to the Motion for Family Access Order stated that this will not be a hearing that modification can take place!?!? I feel that I may need to consult a lawyer about that, at least just for some guidance. Once I come across some more information on this topic I will definitely be in contact. Thank you so much.
   Thank you all so so very very much. I don't think I can possibly convey that enough. You all are doing a great service hear, I just want you to know that. Thank you all again.

[meowdeeb]

I would also suggest, that if you feel the home environment may be a danger, that you request a Home Study with the Family Courts.  I'm not sure how it works in MO, but in Texas you can request it.  My ex tried that with me, but luckily the Social Worker saw threw his lies and false allegations.... but in your case it could work to your advantage.

Hiring an attorney is expensive and can be frustrating, but the advise and time saved could be worth it. 

I wish you the best.