NCP's wife and lawyers

[Mamie]

What is the name of your state? CP Maryland, NCP Florida

I posted here a while ago about the NCP wanting to start visitation with our son but has not been in his life at all and our son is 4. There was some issues with NCP's wife trying to be in charge of communications and some disputes on time and cs reduction while the NCP had our son. I was advised here to just wait until the NCP files for visitation.

An update to this is that I was served, but for legal custody of our son. I spoke to the NCP after being served and he told me that it was only supposed to be for visitation time. He stated to me that his wife was the one talking to their lawyer and he was under the impression that it was only supposed to be for visitation. He stopped our conversation to ask his wife what she told the lawyer she told him that legal custody was his rights and he is the father. So, it seems to me that he was telling the truth that he had no knowledge of the legal custody filing. The NCP told me he would take care of it and we could work out a schedule between us and his attorney if we needed to. We emailed back and forth twice, his wife initially emailed me so when I told her to stop and I would only be communication to the NCP about this, there wasn't anymore communication.

Anyway, the initial hearing was set for two months away and after not getting a notice that the it was being withdrawn and not having confirmation from the NCP, I payed a lawyer a retainer to handle the case for me.

One day before the hearing it was withdrawn and I still had not heard from the NCP. And there hasn't been any discussions about visitation between my lawyer and the NCP's lawyer, even thought my lawyer said he has contacted his lawyer.

Is there anything I can do? I realize the best possible thing happened, but I did pay a hefty retainer to a lawyer and now I don't even know if I can get that back. Also, I don't know the legal aspects of this and I'm pretty sure the NCP's wife can communicate with his lawyer -- but as far as filing a legal motion that he didn't intend? It just seems to me that she shouldn't be able to do that.

 

[stealth2]

So... why should Dad NOT have equal decision-making rights to you? 'Cause that's what legal custody entails.

 

[Mamie]

Well, that point is pretty much moot since he withdrew anyway. Suffice to say that my intention is to not keep him out of our son's life. Go ahead and research my posts if you wish.

My legal question has to do with the wife's involvement in our legal and coparenting relationship. This is not new and has been on-going for quite awhile.

 

[Isis1]

Well, that point is pretty much moot since he withdrew anyway. Suffice to say that my intention is to not keep him out of our son's life. Go ahead and research my posts if you wish.

My legal question has to do with the wife's involvement in our legal and coparenting relationship. This is not new and has been on-going for quite awhile.

you don't have to respond to her, you don't have to communicate with her at all. she can pay for any attorney to assist her husband in any way. communication is only required between the ex and yourself. mom and dad. and dad should be told. a legal definition of third party interference should be sent his way. maybe caselaw on parents who lose visitation rights because a third party interference. it was once explained to me by an attorney on here that it can get as bad as a restraining order in order for the not so smart parent to even visit their own child. all because they allowed their spouse to interfer.

 

[las365]

Go ahead and research my posts if you wish.

It's better to keep your questions in one thread. People aren't generally going to research the post history of every OP to make sure they know their life stories.

 

[ProSeDadinMD]

One day before the hearing it was withdrawn ...

That's odd. MD generally requires a joint motion to dismiss. BTDT

 

[Mamie]

Las, you are right. Sorry about that.

The thing is that he doesn't even have a visitation order.

 

[Mamie]

That's odd. MD generally requires a joint motion to dismiss. BTDT

I'm sorry if this seems stupid, but what does that mean?

My lawyer keeps in sporadic contact with me, I understand he is very busy but I don't get all the answers to my questions or even any paperwork in a timely manner.

 

[ProSeDadinMD]

I'm sorry if this seems stupid, but what does that mean?

My lawyer keeps in sporadic contact with me, I understand he is very busy but I don't get all the answers to my questions or even any paperwork in a timely manner.

Joint motion means that both the plaintiff and defendant(because that's how MD views cases) motion/move for the court to dismiss a case.

 

[Mamie]

Thank you, Pro Se. Maybe that was what was done. All I know is that I received an email from his secretary saying that everything was withdrawn and I did not have to go to court.

 

[ProSeDadinMD]

Thank you, Pro Se. Maybe that was what was done. All I know is that I received an email from his secretary saying that everything was withdrawn and I did not have to go to court.

Don't thank me yet.

If it wasn't done properly(meaning you didn't agree to it beforehand, and it sounds like you don't know one way or the other), since YOU didn't go, your ex could have gotten a default judgement...

 

[Mamie]

Now you are scaring me. How would I find this out? I would've agreed to it most definitely, but I wasn't asked directly. My lawyer did know that I was willing to work out an agreement about visitation, but I would not have settled for legal custody.

But I do thank you for clarifying what that meant, regardless of outcome.

 

[CLBKLCDTB]

So... why should Dad NOT have equal decision-making rights to you? 'Cause that's what legal custody entails.

Pardon....

I did not read the OP has an issue with dad having the same rights as her. (although I can understand her frusteration of dad all of a sudden wanting to excersize his rights 4 years after the birth of his child)

I read that dad has been astranged from his child and now that he is married, he wants visitation with his child. that is his right yes....however there is no reason, nor legal right for his new female to take over.

If dad really wanted his rights he would have did it long before he married OP states dad's wife went and seen a lawyer, and then filed for custody. Dad had no knowlege of this.

If DAD reallywants visitation or even custody....HE will file...HE will go to court and HE will be a father to his child. HE does have that right. HIS WIFE , on th other hand, has NO RIGHTS to the child.

It is safe to say that this mom should pay her lawyer a visit to find out exactly what she can do to keep NCP's wife out of the legal issues concerning the child.
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