Case Reassigned

[Can'tSeemToWin]

What is the name of your state? Massachusetts. My husband has been fighting a case for almost a year to get his daughter back. Long story short, he had his daughter since she was 8 years old, she is now 16. My husband and his daughter had a falling out, the daughter went to the grandmother's house. The grandmother filed for guardianship and it was granted based on the fact that my husband didn't show up for the court date. (My husband was never notified).

His lawyer went to a later court date (we had just moved to NC and couldn't go to court, nor did his lawyer think we needed to appear) and the judge said the grandmother didn't have a case and that he just wanted to eyeball my husband. We went to appear in court and it was snowed out (Jan. 2005) so court was cancelled. The date was rescheduled and we were assigned another judge because all dockets were reassigned. This judge was an absolute jerk, at the last court date, the judge set a trial date.

My husband's lawyer received a notice yesterday that the case has been reassigned back to the original judge. My question is this, since the first judge told the grandmother she didn't have a case until now we have spent about $5,000 between legals fees and flights to and from Mass. for both us and the daughter we are trying to get back. Because this first judge is now back on the case here are my quesitons:

Do we have to proceed with the trial date that is set now that the case is back in the first judges hands?

Can we ask that the grandmother reimburse us for the money we have put into this because she is the one who ultimately took my husband to court? I'm not greedy, just curious.

 

[rmet4nzkx]

These are questions that your husband should be asking his attorney.

If the daughter was residing with GM and dad was moving out of state, GM was justified to petition for guardianship.

Is it an issue of child support?

Just a thought......

If your husband and his daughter had a falling out and she is 16 and he has moved to NC, is it really in the best interest of the child, and your collective sanity, to move her and to put up with her rebelious attitude? Think, Tough Love!

 

[Can'tSeemToWin]

These are questions that your husband should be asking his attorney.

If the daughter was residing with GM and dad was moving out of state, GM was justified to petition for guardianship.

Is it an issue of child support?

Just a thought......

If your husband and his daughter had a falling out and she is 16 and he has moved to NC, is it really in the best interest of the child, and your collective sanity, to move her and to put up with her rebelious attitude? Think, Tough Love!

Thank you very much for your response, and I appreciate you not slamming me for asking a question about getting money back. The whole thing pretty much got out of hand, the grandmother went for guardianship because she said my husband threatened his daughter which he did not. This is just a long drawn out story.... it's kind of like this, the grandmother has always been the type to say yes to my stepdaughter whenever me or my husband has said no. She has made it very difficult for us to raise her without any conflicts. The falling out was due to the grandmother and her planning for her to stay over the grandmothers house while telling us that she would be at a friends house. It was just something that didn't need to happen. The long and the short of it is that all of this is happening because my stepdaughter doesn't want to move.

I understand exactly what you are saying about my sanity and her rebellion but, the grandmother's is not the best place for her.

What do you mean when you ask if child support is an issue? Do you mean my husband paying child support? He has a problem paying the grandmother child support because his daughter doesn't belong there. If she was to go and live with her mother, he wouldn't have a problem at all in paying child support.

He has asked his lawyer about the trial but, doesn't think we can get any money back for the money we have spent to date so, he probably won't ask his attorney, that is why I had asked on here. Thank you again for your reply.