[Music] welcome to facts or frauds calling case 2024 2849 DC Mary aldering versus Step Smith today is Monday October 28 2024 at 9:56 a.m. court will note the appear of Miss Podolski on behalf of the plaintiff and defendant appearing iner this matter is before the court on the plaintiff's motion for temporary custody support in parenting time Miss felski thank you your honor um this as we stated in our motion the parties have one minor child together he is three years old parties were in a dating relationship until about August 14th of this year at which time that relationship ended and since then uh the defendant has had no parenting time with the minor child my client has offered him parenting time but he has not availed himself of it the defendant does have a history of drug use his drug of choice being methamphetamines my client has witnessed him using methamphetamines he's witnessed him um holding paraphernalia in the party's home um he is currently not working um we did identify his last place of employment in our motion he was terminated from that employment after refusing to participate in an employer mandated drug screen um and he has a March of 2024 case hearsay hear in the 10th District Court um for possession of drug paraphernalia um we do believe that he may have other criminal matters outside of Calhoun County and even outside of the State of Florida um and we have concerns that he doesn't have a valid driver's license but in any event of using substances and transporting the minor child um we do believe that it would be approp rate to issue an order of sole legal and physical custody to my client she has been the sole caretaker of the party's minor child since birth um she is fit and proper individual to care for the party's minor child um and she is proposing a parenting time schedule um that would be a supervised visitation schedule to occur on Alternate weekends supervision to be done by the defendant's mother um and that if defendant did fail to to attend a visit or left early um that his mother could continue that visit as she is an important person in the minor child's life my client is not trying to take um the child's paternal family away from him she's just simply trying to keep the minor child safe and knows that defendant's mother um can do that um so we're also asking that if defendant does appear at one of those visits Under the Influence um that he must leave immediately and his mother has agreed that she would terminate those visits if that happen um because of the drug use and this significant history we're asking that the defendant undergo a substance abuse evaluation a psychological evaluation and follow the recommendations of both and with those evaluations provided to our office as well as participate in drug screening prior to parenting time we did outline my client's income information in the motion um we don't know if the defendant has gotten a job since we filed this matter however we do believe um that he could work he could work 40 hours a week and he could go out and earn $20 an hour but would have to participate in employee mandated drug testing and be able to work so we are asking that the court impute him at $20 an hour 40 hours a week for the purposes of child support thank you thank you uh Mr Smith what's your response mute got me muted okay we can hear you now can you hear me yep go ahead sir what's your response I have uh filed my heg application to your office your honor and have you received that no I have not served papers until I wasn't served papers until the 18th of this month and today's the 28th ah I saw that the papers were drawn up on the 2nd of October if if you haven't received that it is in the mail uh but I I you know because of time I can go over the heg application that I have currently and with my LLC on the articles of organization that creates this address as my home state and I'd like to apply that my home country sir I don't care just respond to the motion I don't care about all that other stuff that is my response to the motion before we further this custody battle and waste more time of the Court the hag application takes precedence and I would like that appli the what application the hag application hag convention application I have no idea what you're talking about sir I know what the he convention is but I don't know what you're talking about having filed because I haven't seen it yet so I'm asking you what the the court the court has a file of it and and now I have sent another file to you I have one in front of me uh obviously I'm asking you to tell me sir I don't have it in front of me I'm asking you and giving you opportunity to tell me what you file okay all right bear with me one second so the he application [Music] is uh time and place and circumstances of wrong removal or retention 3M Wednesday October August 14th mother dropped off father at center stage Dance Studio Plaza or father to complete moving furniture upon completion was led to believe that the mother all would be joining PL mother and grandmother for dinner that evening mother explained a 24-hour break period from the conflicts of raising a young boy time spent at defendant Paris address factual legal justification for requests since birth on 11120 habitual Soul residence has been my address [Music] at this is uh uh five continued so time which okay he spent time at parents house for the 24-hour period opportunity for her parents to watch the minor child while the mother continues to elongate separation period from father and has since cut all communication with the pl of Father based on the above testimony declaration I'd asked that the court to see that it necessary to honor the application of the hay convention and rules for the minor child to be returned to his only known address lff would maintain an open door open communication policy with the defendant and pray God willing we can as adults continue to raise a very special boy without further needing the time of the Court proposed arrangements for return his mother would open line to direct communication and make arrangements for first day off following notice other persons and additional information Jim alderink the grandfather same address Kathy alderink grandmother same address marry the mother same address all the relevant relevant information mother has removed minor child from established residence mother has also severed all line of communication except that through specifically the grandfather Jim alink via text mostly uh PL a father would like to remain open-minded to the mutual Arrangement between parties involved understanding the importance of responsibility and not limiting the time of the Court anything else sir that is the end of that application okay well in this particular matter the court notes that based upon the pleadings and the argument that the parties did separate on about August 14 2024 that the child has been in the care of the plaintive since that time and the defendant has not had any parenting time since then for for various reasons as stated by the plaintiff the court is going to therefore continue the status quot and Grant to the plaintiff the custody of the minor child the court will in this matter set support pursuant to the child support formula uh Miss pelski what I'm going to do at this point is I don't know I'm going to impute income to him as based upon what his income was with the Liberty Commons Apartment uh when he was last working at that place the court would Grant to the defendant supervised parenting time supervised by the paternal grandmother on basically alternating weekends from uh um starting on November 8th 2024 at 6 o'clock pm this Sunday at 6:00 p.m. that he would have uh his midweeks on start on uh November 6 2024 from 4 to 8:00 p.m. and alternating holidays based on the front of the court holiday schedule and that those would be uh supervised as stated uh if in fact the defendant were to appear to exercise his parenting time and if he is under the influence uh in this particular matter that the parenting time would end at at that time whenever he were to show up if he is in fact Under the Influence miss pelski you can prepare that order and submit under 7 Day okay thank you thank you you're free to go have a good day thank you you as well your honor yes uh could you refer me to the next uh my appeal for this judgment uh your what appeal to this judgment you can appeal anything you want sir right so would that go to uh haly no it would go to the uh Michigan court of appeals okay thank you okay thank you you can't fix stupid and thanks for hanging out with us on facts or frauds make sure you hit the Thumbs Up Button you're subscribe and ring that Bell also leave a comment in the comment section tell me what you think and a huge thank you to all of our faxer frauds channel [Music] members if you'd like to become a member click on the link in the description or 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