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Our lawyer finally gets it!

nengooseus's picture

Our lawyer is a very experienced family law guy. Almost grizzled. He beat the snot out of one of my girlfriends a few years ago, in fact. So I've been surprised at how gingerly he's treated our case up to this point.

As a reminder, BM filed to limit DH's parenting time to EOWE in January because she had alienated SS6 so badly that he refused visitation with DH for 6 months. And DH, trying to be a good guy, didn't physically move the kid, who would literally hide at pickup times. Also, she knew that she would be deploying in July, and she wanted her husband to have custody of the kids (including SD11 who has never refused a visit) in her absence, and she thought that would be the way to accomplish that. And when that didn't work, she had her husband petition for custody of the kids.

The court date was at the end of June. There was a courthouse agreement on the substantial points (DH agreed to let BM's husband have the kids for school purposes and to clarify a lot of the finer points of the HC CO), but since that time, it's been a back and forth with BM's lawyer about small, ridiculous details. The lawyer has done everything within her power to slow the process down, and most recently, has taken to making ridiculous allegations that DH is reneging on agreements, when in reality, it's BM that has been a problem. For example, BM agreed to do 1/2 of transportation, for example, but then said she wouldn't do any. Then she agreed to do it, but didn't want a fixed time (she is being required to drop off to a) show support for DH's parenting time, and b) if SS starts to refuse a visit, she will have to deal with it.)

Now, after 2 months and 11 drafts of this agreement (I think), our lawyer finally told her lawyer that we were done negotiating. If they can't agree to what's written, we'll go to court, and frankly, BM will be completely screwed. No hearing can be held until BM returns from deployment sometime early next year. DH has a ROFR clause, so unless he is ordered or agrees otherwise, the skids are in his custody until she returns. You'd think they would realize that and act accordingly, but they won't.

At least our Lawyer is done with the BS. He finally understands how bad it is, which means he will be able to help more in the future, I think.

Comments

Exjuliemccoy's picture

Yay! If your DH exercises ROFR, he'll have lots of uninterrupted time with his kids to rebuild their relationship.

nengooseus's picture

Absolutely.

The rub is that we live in a different school district and BM would move them back to her district the very moment she arrives back from overseas, which isn't fair to the skids.

She wants to be a B!TC& about EVERYTHING to keep the chaos going and so that she can feel in control. It's all about making her happy.

nengooseus's picture

We're in VA, which has special laws on the books to protect military members who deploy. No changes can be made solely based on the fact that she is, has been, or will be deployed, so yes, custody would have to revert to her upon her return. That said, DH agreed to the first CO when they divorced because he was deploying. Status quo was established, so now we're in a position where we keep prying time away from her cold, dead hands. In 2014, DH went from EOWE to 35% custody.

If we ever get this new CO, he will have right at 40% custody for the long term.

I don't disagree that the skids should be with DH while their mother is deployed, but she made it impossible. She knew *last year* that she was deploying, filed the custody suit against DH, and then told DH 3 months ahead that she was deploying. As I mentioned, she had her husband file for custody of the skids. Refused to agree to a new childcare provider, refused to a temporary custody order, refused to agree to child support. Heck, she refused to agree to allow DH to have his kids for Memorial Day. There is no reasoning with her.

Her behavior now isn't surprising, it's just crazy stupid because the longer she draws this out, the less control she has...

notsobad's picture

I don't know where she's going but what happens if she doesn't make it home.
A terrible thought I know, but still it could happen.

Does she really want her children to spend the rest of their lives with their SF and not their father? Does she hate him that much?

nengooseus's picture

Without a doubt, she would prefer that the skids spend their lives with their stepdad. They are toxic, for lack of a better word.