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Well we went to Court!!! And wow finally my DH is Custodial Parent!!!!!

spittenfire's picture

Submitted by spittenfire on Fri, 07/25/2014 - 12:58pm

Well went to court. BM showed up without a lawyer. Went in and threw a fit to the judge about how she doesnt have a lawyer and my DH was illegally withholding SS yada yada yada. Judge told BM that this court date has been set since January and she has had the last 4 months since her lawyer withdrew to hire another attorney that they would continue to have the hearing.

She was a hot mess yall!! OMG.... so the GAL took her to a room to see if they could work out a settlement.

DH was seeking sole legal, joint physical where BM gets everyother weekend and alternating holidays etc.

She wanted to retain Joint legal, GAL suggest joint legal with the exception that is they disagree DH gets overriding say.

So then we thought maybe she would settle, then she said no. So we were getting ready for a trial and then BM comes back in the courtroom and says she will do it!!!

So DH is now custodial parent, BM gets everyother weekend. Alternating Holidays. They will use OFW for coparenting communication. She is not allowed to have any unrelated male stay overnight with her when she has SS. She has been ordered not to drive with SS without a valid drivers license and insurance coverage on the vehicle. She will split all non covered medical expenses and she is even ordered to pay 100.00 a month in childsupport to be paid through the chils support enforcement agency.

We are still in shock it all worked out ourway.

But she did not stand a chance with everything we had especially with no lawyer.

I still almost cant believe it is over!! Well for now at least.

Comments

step off already's picture

Submitted by step off already on Fri, 07/25/2014 - 1:01pm

Wow. Good for your DH!

Surprised they didn't pity the poor BM and give her another chance...since that's the way things seem to go around here.

spittenfire's picture

Submitted by spittenfire on Fri, 07/25/2014 - 1:13pm

I know!!! That is why i am blown a way. But it was literally going to be like a mac truck headed for a tricycle as my DH said!! The judge according to our lawyer has many times continued to hear a trial if someone doesnt have a lawyer because literally trials are set almost a year out sometime. For instance if they were to have continued this it would have been may before the next trial date was available!

So judge told her you had plenty of time, the allegations in the petition shows this is of a urgent matter and it is in the best interest of the child to deny the motion to continue. She was crying the whole time but she did it. And since we didnt "hear" any of the evidence and she trys to take us back "when she can afford an attorney" we can still use all our evidence. And I dont think she realizes that her retaining a lawyer will not meet the change of circumstances test.

spittenfire's picture

Submitted by spittenfire on Fri, 07/25/2014 - 1:15pm

he was happy with it, but he has lived with us since the end of March. He does seem more relaxed now though! We never really talked to him about what was going on. DH just told him that when we get back from vacation he will start staying with his mom every other weekend and he will go to school in our district. He was like ok cool. Smile

spittenfire's picture

Submitted by spittenfire on Fri, 07/25/2014 - 3:25pm

Oh I know exactly what you mean! BM used to wield that final say so wand with precision to limit or interfere with DH parenting time! Yay no more of that now Blum 3

spittenfire's picture

Submitted by spittenfire on Fri, 07/25/2014 - 3:32pm

Holy shit that is a whole other mess!!! Apparently last week there was a raid at crazy bf house and she was there and there are some other type of charges that are coming down the works from that. DFS became involved and took his child away and now apparently BM is trying to say bf raped her. It is a whole crappy mess!!! But DH has in the order no unrelated male guest may stay with her when she has SS and DH still has the Restraining order against the crazy ex boyfriend for SS. Crazy bf was there with his new fling because he was subpeoned by the GAL.

Her Dad was there but he told her she was on her own, he wasnt paying for a lawyer for her and she was a major bitch to him.... even telling him to get out of the court room!

She was bawling all over the place...... truly a HOT MESS!!

We imaging not to long from now she will end up with some jail time.