M
miksbunny
Guest
from new york state. custody has been an ongoing battle between my exhusband and i over our 5 year old daughter. originally, it was tied up with our divorce and went on for 2 years. it ended with my ex wanting to settle (which i foolishly agreed to do) before the judge made a ruling and before i testified because a custody evaluation done by a psychologist gave a negative impression of my ex. he had been accusing me of abusing or allowing my daughter to be abused which the psychologist said was not true. the psychologist stated that he had a negative maternal opinion and made the recommendation that i have primary physical placement and he having visitation about 2 days a week. he settled and i foolishly agreed to joint custody. differences continued between us. i remarried and moved about 45 min. away. my ex tried to reopen the stipulation for our divorce and get custody again. judge said no. i moved to my new husband's and my new house we bought and it is 48 min from my ex's home. in addition i had been working at a local elemenary school in the district and had tentatively agreed to have our daughter attend there in his district in which i worked if he would agree to change his every other sunday, mon. and wed visits to weekends. ended up he did not change his visits and i did not want her out of home on overnight visits on weeknights. also knowing he still wanted primary custody of her, i found a new job closer to my home and applied to the court to have court approval to change visitation, also i applied for sole custody as ex continuue to be hostile and unreasonable toward me. court in august this past summer had the judge handed documents from my ex's lawyer which contained numerous lies and my lawyer at the time did nothing to fight against these. my lawyer also forgot i was going for sole custody and was asking if i could speak in court instead of he addressing the court on my behalf. basically, he didn't have a clue about my case. so the judge denied my petition and made a temporary court order that my daughter go to school in her fathers' district until a decision could be made on Jan.17 re: custody(ex is trying for primary physical again) . i now have her on thurs, fri, sat, and sun. have to drive her to school on fri and mon am's then drive the same distance to go to work in the am. her 17 year old sister rides the bus that my 5 year old would, which is a 8 minute ride to school in our home district. it truely is a nightmare. my daughter's law guardian said in as much that the court has not had the time to hear the full truth and that is not right. that i needed to get a new councel and to change things. this is my current issue and question..my husband just called to tell me our new lawyer called him to inform us that last week, my ex and/or his lawyer saw the judge without us knowing and now have changed the temporary visitation arrangement again..allowing my exhusband to have my 5 year old daughter on alternating weekends as well as mon, tues and wed. my question is how can a judge change an order without me or my lawyer knowing about this before hand and being present? my lawyer said that this is legal. how can that be? i have allowed my ex extra time with our daughter, including 10 days bereavement time with him as her grandmother passed away. can this change be stopped because as it is now, my title of primary physical placement is a joke. my 5 year old only gets to see her sister and stepfather and i mainly on our weekend time and this will be only every other week. i haven't been able to talk to my lawyer as he is so busy so i would appreciate any help. i'm sorry this is so long but i wanted a complete picture to be made so you'd have as much info as possible. thank you. an additional note: my exhusband used to work with this judge for a period of 3 years and my lawyer is being to thing there is some favoritism going on.what are the chances of getting a new judge?