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Finish to mother would like to change custody.

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outhouse

Member
What is the name of your state (only U.S. law)? Ca

I have no idea why the previous thread was closed right before the end.


Anyway, The judge decided to not rule my last court date and said he would mail his findings, and I recieved them today.

Over a year in court im done with custody, and i have no pending court dates!!! Ya hooo!!!!!!!!!


Judge ruled 100% in my favor and complimented me on how well our daughter is doing.

I regained the right to make decisions if parties fail to agree for legal custody.

Judge adopted the latest mediation in full which I argued for. I ended up picking up a few days a week in the summer as well.



As it stands both parents have the minor child almost equally while the child is awake, and summer i have her week on and week off.

School she remains with me and I have her from Mon morning to Fri when she gets out of school and one weekend a month with mother getting 2 make up days for my weekend time.

Mediator states its a 68%-32% split with me being the custodial parent.

The minor child is only awake or not in school 54 hours a week and the mom gets 30 of it. My daughter is happy and so am I.


Mom is out 10K for lawyer fees and were right at where we started, but no pending court dates :)
 


O

outhouse

Member
Finished was the wrong word.

So after 1 month since this court hearing, the mothers lawyer has filed a "at issue memorandum" to try and get this case back in front of a judge.


I called the court house about a month after this was filed and the court staff said we have no impending hearings on schedule.


[update]

Mother fired her last lawyer who was doing a great job, and hired another lawyer who has refiled yet another "at issue memorandum" asking for another court hearing.


There has been no change in any circumstance, and if a judge looked at the first request and turned it down [which I don't know, other then not hearing from the court] I figure this second attempt will get turned down as well.


Case history is we just finished up with over a year in court where the status quo was maintained with me holding 68% custody and the legal right to make decisions if parties fail to agree. This was about 10 hearings and 2 mediations with the last mediation being very in depth that the last judge adopted.

The mother just does not like the rulings and still wants to fight the courts decisions
 
S

single317dad

Senior Member
outhouse said:
Finished was the wrong word.

So after 1 month since this court hearing, the mothers lawyer has filed a "at issue memorandum" to try and get this case back in front of a judge.


I called the court house about a month after this was filed and the court staff said we have no impending hearings on schedule.


[update]

Mother fired her last lawyer who was doing a great job, and hired another lawyer who has refiled yet another "at issue memorandum" asking for another court hearing.


There has been no change in any circumstance, and if a judge looked at the first request and turned it down [which I don't know, other then not hearing from the court] I figure this second attempt will get turned down as well.


Case history is we just finished up with over a year in court where the status quo was maintained with me holding 68% custody and the legal right to make decisions if parties fail to agree. This was about 10 hearings and 2 mediations with the last mediation being very in depth that the last judge adopted.

The mother just does not like the rulings and still wants to fight the courts decisions
Click to expand...
It sounds like she needs a hobby. Get her to join Facebook and start playing those games; everyone I know who does that turns into a recluse and you never hear from them again.
 
I

Isis1

Senior Member
single317dad said:
It sounds like she needs a hobby. Get her to join Facebook and start playing those games; everyone I know who does that turns into a recluse and you never hear from them again.
Click to expand...
At some point we have to return because we run out of lives :(
 
O

outhouse

Member
Isis1 said:
At some point we have to return because we run out of lives :(
Click to expand...

Got a message in the mail from the court.

I have a new court date coming up mid July! oh boy! back again.



There has been no change of circumstance, and 3 months ago, I thought I was finished with over a years worth of trials and two mediations. Mom will not quit.
 
P

Proserpina

Senior Member
outhouse said:
Got a message in the mail from the court.

I have a new court date coming up mid July! oh boy! back again.



There has been no change of circumstance, and 3 months ago, I thought I was finished with over a years worth of trials and two mediations. Mom will not quit.
Click to expand...


Seriously - ask for sanctions.
 
O

outhouse

Member
Proserpina said:
Seriously - ask for sanctions.
Click to expand...


Thank you I will.



The only good news is mom fired the lawyer she had in the last two hearins who was actually really good, and hired another one advertising on the net she will take payments. Mom must not have liked what the last one told her.
 
O

outhouse

Member
You all like Drama?


Here goes. we have a court date anyway in 3 weeks.

but

Mother filed a ex parte, and I will be in court Fri.


There is no emergency at all noted, and not one part addresses the child's well being or safety.

Page 1 line 10 states "I feel this was a very bad order" talking about the last judges ruling who agreed with the mediator after intense mediation.

her emergency reasons are stated as such.

1 father should not take child to work with him.
A. I bring her to work where grandma picks her up for daycare, 3 years the court ordered drop offs at this location.


2 Mom doesn't like the vacation days from the last court order and doesn't want father to have his 2 weeks, that connects to normal weekly visitation. Order states two, but connects to normal week on week off visitation.
A. Mom refused to take her vacation days, judge explained in last hearing the 3 weeks would happen, the way the orders were written.


3 father to pay half of medical bills, whether he agrees with treatment or not
A. father already pays half.

4 father is not to violate court order letting child watch adult TV
A. there is no such order. Mother said Family guy comes on and admits that father ask child to leave the room, but child can still hear the show. Mother claims Child knows the theme song perfectly, as we do sing the song together before I ask her to go play abcmouse.com before the show starts. Child has never seen a R rated show to date, and im picky about what she watches but not anal.

5 father is to stop talking about court to the child
A. Child asked me if I won in court, I told her both your mommy and daddy won and that we are not supposed to talk about court. Child knows i'm in court as she goes with me to file documents. No details are ever spoken

6 Father is to stop telling child to keep secrets
A. I told her we are not supposed to talk about court stuff with anyone. It works so she doesn't bring it up in home and ask questions. Mother supplied a email where I told mother child knows we are in court because she files papers with me. The court order for no secrets from other parent and not to talk about court was recent and in march per mediation. No details of court have ever been told to the child, and I never told her not to tell her mom, just we don't talk about it.


7 mother should have the legal right to make decisions if parties fail to agree not father.
A. father retained this right in mediation and the judge agreed and ruled that way. In his final ruling trumped everything from mediation saying it was important for the child's well being fro the father to have this right




I don't think this even qualifies for ex parte, but ill be there in a suit and ready to go
 
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O

outhouse

Member
Here is the kicker. :rolleyes:


They have scheduled this in the courthouse in my hometown, the problem is, the judge who works in my city, has already recused himself being my attorney in the past.

So the odds are, we will show up, and it will get rescheduled for a later date anyway.
 
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