Need some advice ASAP

[aworriedstepmom]

Kidoday

Again, thank you for taking time to look at my information.

I have been through the papers that we have, and upon asking my husband, the only thing his lawyer gave him on monday was the peition that she filed. Nothing in written form from his lawyer.

He is meeting with his lawyer on Monday again. This time he has to bring reciepts, cancelled checks and tax returns. He told my husband that he might have to pay for all those incidentals listed.

In her motion it states "I believe petitioner's action are not in the best intersts of the minor children. That I feel the petitioner and I are diametrically opposed om tje award of physical placement and that mediation will not benefit either party in the resolution of the issues raised herein. that I believe it to be in the best interes of the minor children that teh mediation requirement be wavied to allow for the immediate appointment of guardian ad litem. That I request the court to revise and alter said judgement to provide that I be awarded the primary physical placement of the minor children; for a wavier of the mediation requirement and for such other and further relief as the court may deem just and equitable. that a substantial change of circumstance has occured since shared physical placement was ordered by the court in that there is such a substantial breakdown in communication between the parties that we cannot co-parent. that such request for remedial contemp and modification, revision and alteration of the judgment is based upon ethe pleadings filed herein and the arguments to be presented at the time of hearing."


I am not able to pdf you the documents for some reason...I will try again from my computer at school.

You know, I am very afraid that if the courts give her full placement, the kids, will be devestated and end up hating her. and no one, including my husband, whats that to happen.

I really hope the information that I am giving you is not wasting your time. Again, I will try to pdf you all the actually documents.

All the best to you.

 

[stealth2]

That isn't part of the decree or order. What has been said in court and not written are two different things. Your husbands attorney, her attorney can say things to the court reporter, however unless stipulated in a court document and signed by the judge it isn't valid.

It might depend on whether or not it is included as part of the order or not - if the order has some sort of verbiage about all of the attached being governed by the order, it is part of it.

What I would likely do if I were in his shoes is ask my lawyer to file a counter motion requesting the exact opposite - full placement to Dad based on his willingness to cooperate in co-parenting and her refusal to.

 

[aworriedstepmom]

Thank you for the suggestion.

He was ordered by the court to take the children to activities and religion...she gets to pick the activity.

And he has brought them to every activity that she has signed them up for.

As for religion, she signed up for family CCD, which means that it requires parent participation, and it is only one night a month.

One night he didn't bring them because of slippery road conditions. The next night...he offered to meet her there with the kids, but told her that he isn't a practicing that religion any longer and didn't feel comfortable participating in the CCD.

So that, and the failure to pay her list of expenses, is what started the whole thing.

The kids said that they missed two classes while they were with their mom...one in October becuase she signed up for the program to late, and the other in December because they stayed home to trim the tree.

Will the court take that into consideration?

Again, thank you for all for taking the time to answer.

All the best

 

[shawna maples]

Just my own opinion, as I don't know the laws in your state. I know how the stepmom role feels though... I would just pay half asap. Your guy doesn't want to be found in contempt of anything when he goes to court. The biggest thing I can see is he needs to show the courts that is very willing to co-parent and that there is no reason for him to lose the access he has already been given. Pay half of that list now before you to to court and then in the future make sure you know exactly what has to be reimbursed and save all your own receipts.