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Modification Time ...

Mocha2001's picture

Submitted by Mocha2001 on Tue, 06/19/2007 - 2:57pm

Well, you all know DH had major back surgery. We canceled last weekend's visitaion because he was still on a lot of pain medication and in bed. We had warned BB before surgery that we may have to give up that weekend and would like make up time - of course she never responded. When the time came to cancel the visit ... well you know how that went. Anyway, we were trying to get make up time for Tuesday through Friday (the kid is in pre-school/daycare anyaway so it isn't like she's losing a significant amoutn of time). The FPBH (new acronym) denided DH make up time saying two days (it was actually three) isn't enough time to improve. Heck, two days means the difference between being bed ridden and walking ... she has no clue. Of course she sent us this email at 10pm last night, we were supposed to be SS up this morning.

So, drafted a Motion last night and we were going to file it today. called lawyer friend (I do all the work - he goes to court for us) and advised of the situation. He said, enough games, it's time for a Petition to Modify ... ask for everything you want and let's get this crap overwith. So ... it will be filed tomorrow. Hearing for make up time on the 11th, and modification adequate cause hearing then too, most likely ... so much for having any extra $$$ - it will now go to the lawyer. We are done playing games.

Comments

Mocha2001's picture

Submitted by Mocha2001 on Tue, 06/19/2007 - 3:20pm

F-ing psychological bitch from hell.

~ Katrina

goingcrazy's picture

Submitted by goingcrazy on Tue, 06/19/2007 - 3:48pm

Good one!!!! I completely understand. You get to a point when it is time for the games to end. Seems like BM's will play forever while using the kids as their pawns. Hope everything goes in your favor. And hope your hubby is doing better. You will be in my prayers for everything. (PS- Our GAL is still playing dirty!!!!)

Mocha2001's picture

Submitted by Mocha2001 on Wed, 06/20/2007 - 3:04am

DH is slowly recovering ... better by leaps and bounds every day. We actually walked about a 1/2 mile tonight - the most so far. I was proud of him.

~ Katrina

Sebbie's picture

Submitted by Sebbie on Wed, 06/20/2007 - 7:50am

De inimico non loquaris sed cogities.
How in the world did you get the modification hearing that quickly? I only wish we could. Our attorney is telling us it could be MONTHS before we get into the courtroom as there are only 2 civil court judges in the bm jurisdiction where we obviously had to file and that the courts are so backed up because there are only two judges to hear all the cases. On top of that, attorney says DH will have to do a mediation hearing first with bm and her attorney. If an accord cannot be met( which we know one wont) then we can either push the hearing through sooner by having a G.P. hear the case and then submitt his findings to the judge....or we can just wait for the judge to hear it himself, however long that takes. I swear, it has taken us 3 years just to get the funds to take this woman back to court and now it seems like it is going to be forever before we even get there. Uhhhhhhhggggg!!

Mocha2001's picture

Submitted by Mocha2001 on Thu, 06/21/2007 - 12:59am

Motion is for all the stuff she hasn't done: make up time, taking SS to DDS, follow PP with regard to communication, reimburse for our overpayment in CSP. In their county there is only a 5-day notice requirement, which is really nice.

For the Petition, we had an Adequate Cause hearing, where the Commissioner will determin if we have adequate cause to file our Petition to Modify. Based it primarily on abusive use of conflict, custodial interferance, and parental alientaion. I had the word "minor" in there and atty told us to remove the minor - let the judge decide, he said. We are only asking for an additional 3-weeks in the summer, and a mid-week visit, so it is what we call an "Adjustment" or a minor modification. I just hope they don't appoint a GAL ... BB will NEVER go with who I recommend even if I don't personally know them ... some are good, some are bad. Hopefully, if they do atty will ask for the good one, and BB will agree, so long as the GAL doesn't know me - thank God it's a different county, or we would be hard pressed to find one who doesn't know me.

Anyway, so it's just the Adequate Cause Hearing, and the Motion Hearing that will be heard on the 11th. The final resolution to the Modification won't be for awhile. we aren't expecting it to be resolved by this summer, so ... no extra time this summer, but hopefully next.

~ Katrina