Final order still not signed!!!!

[Bulldog99]

What is the name of your state (only U.S. law)? Georgia
It’s been one month today and I still don’t have a final order signed off yet. Remember I won custody of my kids because mom was going to move out of state. The Judge ruled that visitation just reverse due to her telling the Judge that if I got custody that she would not leave her kids. A week after our day in court she has moved to Texas and not seen the kids at all and says she will not pay CS either (that’s for another day).
The problem is her and my lawyer keep going back and forth with trying to come up with a good long distance visitation plain. I have offered during the school year every spring and fall break along with every 4 and 5-day weekends and during the summer (kids are out of school 10 weeks) she get 5 weeks consecutive. She wants 6 to 7 weeks during the summer or no deal. Her lawyer says the Judge may give her even more if we don’t come to an agreement.
I don’t see why we can’t just send the order to the Judge just like he ruled. My lawyer keeps emailing me asking if I could give up more of my summer time with the kids in the sprit of compromise. I tell him that I will not give more that I have already offered. What more should my lawyer or I be doing to get this order signed? Thanks!!!

 

[LdiJ]

What is the name of your state (only U.S. law)? Georgia
It’s been one month today and I still don’t have a final order signed off yet. Remember I won custody of my kids because mom was going to move out of state. The Judge ruled that visitation just reverse due to her telling the Judge that if I got custody that she would not leave her kids. A week after our day in court she has moved to Texas and not seen the kids at all and says she will not pay CS either (that’s for another day).
The problem is her and my lawyer keep going back and forth with trying to come up with a good long distance visitation plain. I have offered during the school year every spring and fall break along with every 4 and 5-day weekends and during the summer (kids are out of school 10 weeks) she get 5 weeks consecutive. She wants 6 to 7 weeks during the summer or no deal. Her lawyer says the Judge may give her even more if we don’t come to an agreement.
I don’t see why we can’t just send the order to the Judge just like he ruled. My lawyer keeps emailing me asking if I could give up more of my summer time with the kids in the sprit of compromise. I tell him that I will not give more that I have already offered. What more should my lawyer or I be doing to get this order signed? Thanks!!!

6-7 weeks in the summer is very much the norm. Unless mom makes some really significant money its unlikely that she is going to be able to utilize all of the 4-5 day breaks that you have offered her.

A normal long distance plan is every other Thanksgiving, one week at Christmas, every or every other Spring Break, and anywhere from 1/2 to 3/4's of the summer. Shorter breaks are often frequently included as well.

You are not offering any time at Christmas (uncertain about Thanksgiving unless it coincides with fall break) and you want the shortest possible summer. I think that your attorney is looking out for you.

 

[Ohiogal]

Truthfully the order needs to be exactly what the court ruled. They can get the transcripts and go by that. If mom wants to change visitation because of NEW situation (she moved after swearing she wouldn't) she can go back to court. And the judge will NOT be happy with her.

 

[Bulldog99]

Truthfully the order needs to be exactly what the court ruled. They can get the transcripts and go by that. If mom wants to change visitation because of NEW situation (she moved after swearing she wouldn't) she can go back to court. And the judge will NOT be happy with her.

I am so glad I'm not the only one that feels this way. Thank you very much!!!!

 

[thedoctorisin]

What more should my lawyer or I be doing to get this order signed?

I've been in that situation twice now. Both times, after my ex and I couldn't agree, our lawyers scheduled a five-way teleconference with the ruling judge (right before court starts, from 8:30am to 9:00am) to resolve the remaining issues over the phone. After that, the order was written up for real.

 

[wileybunch]

Truthfully the order needs to be exactly what the court ruled. They can get the transcripts and go by that. If mom wants to change visitation because of NEW situation (she moved after swearing she wouldn't) she can go back to court. And the judge will NOT be happy with her.

Exactly. If they keep dragging their feet, your attorney can file the order exactly as judge ordered it for judge to sign off.

 

[Bulldog99]

Exactly. If they keep dragging their feet, your attorney can file the order exactly as judge ordered it for judge to sign off.

How much time (day/months) before we can just file it the way the Judge ruled.

 

[CJane]

How much time (day/months) before we can just file it the way the Judge ruled.

Your attorney already could have. Clearly there is a reason your attorney has NOT done-so. Perhaps he knows the judge better than you or anyone here does?

If it's obvious that due to Mom's move she will not be able to exercise visitation as ordered, your attorney IS looking out for you, but more importantly the KIDS in trying to hash out something that will work.

How far away in time/miles is Mom now?

 

[Ronin]

Typically an attorney drafts a proposed judgment and sends it to opposing counsel for review. After hashing out any issues, the proposed order might be modifed and attached to a motion to sign judgment.

If there are still any unresolved issues or disputes on the proposed order, they are hashed again during the hearing in front of the judge. Apparently your ex's attorney disagrees with the proposed order and that is why your attorney is trying to resolve this amicably in everyones best interests (more importantly, the childs). Your attorney appears to be reasonable and does not have a stuff this down the other sides throat attitude as you (and many attorney's) do.

Since there is a change in circumstance, and the judge will still be in his plenary period where he can reconsider and modify his judgment, your ex's attorney may feel he is in a good position to ask the judge to reconsider his original rulings.

Why are you not amenable to what is considered standard visitation for out of state parents?