Custody Relocation Trial Scheduled

[CJane]

Today's hearing was a bit of a disaster. Late last night, Dad's attorney sent an email saying no deal and he was not going to accept our counter and he wanted an adjournment. When we got to court, Referee jumped all over me and accused me of being in contempt because I've been taking my son back and forth between NY and NC. She was very dramatic and screamed that this was harmful and confusing to my son to be in 2 daycares. Thankfully the GAL spoke up and explained that my son is doing great and is thriving and has adjusted to the transition well and he sees no need for it to change as it's been status quo for almost 2 years.

It was also discovered that referee has had what my attorney called ex parte communication with Dad's attorney. She granted him an extension in her chambers without my attorney present. He's not sure what if anything to do with that information. The referee did say she was not going to try the case and is sending it to a trial judge and we have a trial date for March.

Well, a trial date is a good thing (FINALLY).

I suspect that Dad's attorney will be ready to compromise before that date, too. With the GAL and the Forensic Psych in favor of the move, and that much time having elapsed with it working out just fine, I can't see it going sideways.

 

[PayrollHRGuy]

Which is exactly what you want if you have a referee that you feel is biased.

Good luck in March.

 

[gapeach404]

Update on March hearing: Dad's attorney did not get trial readiness form to the court in time so trial was pushed back again to next month. GAL stated in open court that he supports forensics recommendation and I agreed to the terms. Referee came down hard on Dad and attorney. She basically told Dad he needs to settle and he's not being flexible and he would not get the same parenting time recommended after a trial, nor would i be responsible to pay for all travel costs. My attorney received communication yesterday from Dad's attorney, stating he agrees to settle based on forensic recommendation (I bring our son to NY one weekend a month, for visitation and give Dad the option to come to NC once a month for visitation and pay for all travel costs). He also gets every other spring break and birthday, 3 weeks in summer, we alternate Thanksgiving and Xmas.

I'm hoping this is finally the end to this saga. I'm cautiously optimistic as I've been down this road before and Dad has reneged. My attorney is drafting the agreement and hoping to get it signed by end of next week so he can contact the court to turn the trial date into a settlement conference.

 

[LdiJ]

Update on March hearing: Dad's attorney did not get trial readiness form to the court in time so trial was pushed back again to next month. GAL stated in open court that he supports forensics recommendation and I agreed to the terms. Referee came down hard on Dad and attorney. She basically told Dad he needs to settle and he's not being flexible and he would not get the same parenting time recommended after a trial, nor would i be responsible to pay for all travel costs. My attorney received communication yesterday from Dad's attorney, stating he agrees to settle based on forensic recommendation (I bring our son to NY one weekend a month, for visitation and give Dad the option to come to NC once a month for visitation and pay for all travel costs). He also gets every other spring break and birthday, 3 weeks in summer, we alternate Thanksgiving and Xmas.

I'm hoping this is finally the end to this saga. I'm cautiously optimistic as I've been down this road before and Dad has reneged. My attorney is drafting the agreement and hoping to get it signed by end of next week so he can contact the court to turn the trial date into a settlement conference.

I hope that you can finally get this ended. Keep us informed please!

 

[gapeach404]

Hello All,

Update: Ex finally agreed to settlement and my son and I have relocated permanently to NC. Our final agreement is that I bring my son back to NY every month (he does not want to come visit in NC), we alternate holidays and he gets every other spring break, birthdays in odd years, and 3 weeks in summer. Dad has already forfeited summer vacation and has stopped paying child support. I'm going to keep up my end of the bargain and bring my son once a month. I'm just grateful that we finally get to have some consistency and I can move on.

 

[LdiJ]

Hello All,

Update: Ex finally agreed to settlement and my son and I have relocated permanently to NC. Our final agreement is that I bring my son back to NY every month (he does not want to come visit in NC), we alternate holidays and he gets every other spring break, birthdays in odd years, and 3 weeks in summer. Dad has already forfeited summer vacation and has stopped paying child support. I'm going to keep up my end of the bargain and bring my son once a month. I'm just grateful that we finally get to have some consistency and I can move on.

The bolded is just sad. I am really glad that you finally got something settled, but its just sad that dad is apparently giving up on the child. Hopefully things will be different next summer, but the fact that he has stopped paying child support is telling.