Settlement Conference and Status Conference

[motherof6]

What is the name of your state (only U.S. law)? SC
What is a Settlement Conference- I just received notice that I have one later this month and a week after that there is a Status conference-what is that . How should I handle these conferences?
Background: My ex sued for primary custody of our 12 year old last May and has driven me crazy since. What is his chances of getting primary custody since neither of us have anything really negative against us. We are about even except he works third shift and I have a younger son and husband and I have always been the primary caregiver. I had primary custody for over 10 years and then a citing a bunch of lies he sued for custody last May and they changed it to shared custody until we go back to court but I think the GAL has seen through the lies.

 

[LdiJ]

What is the name of your state (only U.S. law)? SC
What is a Settlement Conference- I just received notice that I have one later this month and a week after that there is a Status conference-what is that . How should I handle these conferences?
Background: My ex sued for primary custody of our 12 year old last May and has driven me crazy since. What is his chances of getting primary custody since neither of us have anything really negative against us. We are about even except he works third shift and I have a younger son and husband and I have always been the primary caregiver. I had primary custody for over 10 years and then a citing a bunch of lies he sued for custody last May and they changed it to shared custody until we go back to court but I think the GAL has seen through the lies.

Third shift certainly won't work in his favor, but its not as bad as second shift. However if the GAL is seeing through him and otherwise he has no change in circumstance, he isn't likely to win.

It may stay with shared custody however.

 

[motherof6]

Third shift certainly won't work in his favor, but its not as bad as second shift. However if the GAL is seeing through him and otherwise he has no change in circumstance, he isn't likely to win.

It may stay with shared custody however.

Can you suggest any way to regain primary custody?
When I go to the conference should I do like you do when you get a divorce and ask for the everything in hopes of getting what you will settle for without a fight? He won't work with me and does everything he can to make me miserable. He wants everything his way.

 

[motherof6]

What are the judges looking at in SC? Will I be able to tell them the things that my daughter has told me? At what age does the child have a say in who she lives with?

 

[LdiJ]

What are the judges looking at in SC? Will I be able to tell them the things that my daughter has told me? At what age does the child have a say in who she lives with?

At 12 the judge may take her wishes into consideration to some degree and that is part of what the GAL considers in making his/her recommendation. The GAL's recommendation usually carries a lot of weight with the judge.

 

[Ohiogal]

What are the judges looking at in SC? Will I be able to tell them the things that my daughter has told me? At what age does the child have a say in who she lives with?

She gets to choose at 18.

 

[motherof6]

At 12 the judge may take her wishes into consideration to some degree and that is part of what the GAL considers in making his/her recommendation. The GAL's recommendation usually carries a lot of weight with the judge.

I guess that we can consider it a moot point because she doesn't want to "choose". I believe that the GAL favors shared custody since that is the temporary order that she suggested last May. The notice didn't say if the GAL would be in attendance at the Settlement conference or not. I have never heard of a Settlement Conference or a Status Conference in connection with custody cases.

 

[truebluemd]

What is the name of your state (only U.S. law)? SC
What is a Settlement Conference- I just received notice that I have one later this month and a week after that there is a Status conference-what is that . How should I handle these conferences?
Background: My ex sued for primary custody of our 12 year old last May and has driven me crazy since. What is his chances of getting primary custody since neither of us have anything really negative against us. We are about even except he works third shift and I have a younger son and husband and I have always been the primary caregiver. I had primary custody for over 10 years and then a citing a bunch of lies he sued for custody last May and they changed it to shared custody until we go back to court but I think the GAL has seen through the lies.

Its the court's attempt to bring you and the other party together and come to an agreement on the issues**************mediation

 

[motherof6]

Its the court's attempt to bring you and the other party together and come to an agreement on the issues**************mediation

I figured they got tired of waiting on us to reach an agreement. The only agreement that we are able to reach is to disagree. I can't even get him to communicate with me, he has ignored both of my attempts to communicate with him. He wouldn't even make her take her mecidine until one of the teachers explained that actually help her.

I hope that we can reach an agreement but I don't see it happening due to what has happened in the past.

 

[MichaCA]

I would try to find out if, in your state, if you cannot agree at the settlement conference, is the judge able to rule as to the recommendations, or to get the recommendations to take effect (should you and ex disagree), will the case have to go to trial?

In California I did attend a settlement conference years back. It was following a custody evaluation. This is NOT to confuse you as I assume you have been through something...(what...court date for custody?) that brings on a settlement conference.

Midstream of our custody eval the courts ruled on a change that judges could not longer step in and order the results of our study...we had to take it to trial.

Do you have an attorney? If not, I would hire a good attorney for one hour and ask the above and have a list of all questions you think are, or may not be, relevent to ask for in the settlement conference.

 

[motherof6]

I would try to find out if, in your state, if you cannot agree at the settlement conference, is the judge able to rule as to the recommendations, or to get the recommendations to take effect (should you and ex disagree), will the case have to go to trial?

Not sure about that but we do have a Status Conference we have to attend a week after the settlement hearing.
In California I did attend a settlement conference years back. It was following a custody evaluation. This is NOT to confuse you as I assume you have been through something...(what...court date for custody?) that brings on a settlement conference.
My ex sued for custody of my daughter in May, we had a temporary hearing, at that time GAL recommended shared custody until we went back to court (the lawyers talked like we would go back in Sept or Oct.
Midstream of our custody eval the courts ruled on a change that judges could not longer step in and order the results of our study...we had to take it to trial.
If we are lucky we will be able to reach an agreement but like I said considering his attitude in the past I don't see it happening. I hope that the GAL is there in case he cops his usual attitude. Another thought if the GAL is there maybe he will be on his best behavior and we can reach an agreement.
Do you have an attorney? If not, I would hire a good attorney for one hour and ask the above and have a list of all questions you think are, or may not be, relevent to ask for in the settlement conference.

I have a lawyer she is the one who sent me the letter informing me of the two conferences, I have left a message at her office and e-mailed her but haven't received a response.

 

[seniorjudge]

I have a lawyer she is the one who sent me the letter informing me of the two conferences, I have left a message at her office and e-mailed her but haven't received a response.

Time for a visit to her office.