Ok... This is how it went. I really really think the judge is not clear on this motion... wording here is very crucial. This all seems to be about parenting time only, not custody.
Before our case, in the courtroom... My attorney's description of my son, whom she had never met was that he looked ashamed and was FLANKED by my ex and the sm.
The attorneys spoke to the judge, basic info. This is for family access only and the set up court ordered mediation for the modification. SM and son were asked to leave the court room. (There is a sign on the court room door that says NO CHILDREN ALLOWED.)
I was the only witness. I did not take my notes or anything with me, because I did not know what to expect. My attorney went over the basics, then confirmed the dates my son went with ex and that it was a temporary agreement which was supposed to have included both of our kids. She asked how many times I had seen our oldest or had visitation with him.
His attorney pointed out one email where I said no to changing schools, repeatedly... and she focused on how exactly I had 'checked out the school'. I told her that I had spoken to counselors and other parents etc... She asked if I knew that the school had been written up in Newsweek 4 times, my attorney objected. She then tried to have me read an excerpt off of the school's website... my attorney objected again. So she asked me why I didn't feel the school 'checked out'. I stated that our grading scale was based on an A being 97%, and that school was based on a A being 90%, our school offers the same courses and he has been in this school since Kindergarten, I believe that says more than "reputation" does for the other school. Our son does very well and I feel our school has been a huge factor in that success, I don't want to rock the boat in his junior year. She claimed an email of his gave me knowledge that he was enrolling our son in KS school. I said "that is not informing, it is a threat and there was nothing I could do about his threats. My attorney said he did not have the legal right to enroll our son."
She asked me how many baseball games I attended of his, I told her that Mr. May had signed both boys up, to play on my nights, and never gave me a schedule. I managed to get a schedule from other parents, but was not given rainout or make up games and the schedules for both our sons conflicted as they were each in different places on the same night, sometimes an hour away. I took our youngest to his games and had to miss most of Matt's. (My night so I had to take our youngest to his games... our oldest can drive himself.)
(I thought my ex would be on the stand and was ready to counter this one. He missed ALL of our youngests Thursday games because he was in a golf league and was not at the few games I was able to attend of our oldest.)
She then asked how many times I had talked to our oldest, or called him. I had no count of the number of times I called him. My ex got him a new cell phone in May and no one ever told me, so my texts and calls all went unanswered, I thought he was ignoring me and I was not given a new number. She asked if I had ever called my ex's house. I said yes, or I called or emailed my ex.
(My attorney had a copy of my email from my ex stating that I would have to arrange vistiation with our son directly and that he was very busy.)
My attorney tried to ask, on re-direct, about our youngest son still being with me, his attorney objected saying that he was not part of this motion.
I am in a daze. I thought my ex would have to take the stand... and my attorney had a whole host of emails that do show his interference...
AND custody is supposed to be with me in this state and school district. A change in schools is a joint decision, not him telling me he is going to...
I still feel like the judge himself did not understand the whole motion itself... I have no clue what to do. I would love to camp out at the govenor's or somewhere, but I need knowledge to stand on... HELP!
