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Change of Venue---(Rubbing My Eyes) Too Good To Be True!

thinkthrice's picture

As you may know, the BM in my case IS a NYS CPS and Foster Care Supervisor in the adjacent county (her hometown). She works CLOSELY with the magistrate who rules over CPS cases AND CS.

I ALWAYS thought it was a conflict of interest, especially when the BM would come in and practically high five the magistrate just before a downward modification hearing, the last one being in 2008, in which said magistrate ruled HUGELY in BM's favour (once again)

Well I did my research and found a family court attorney locally that has gotten rave reviews. This guy knows his stuff! Of course Chef didn't like him because he is outgoing and told Chef he could have helped him a looooonnnnnng time ago.

Well I talked to the paralegal/assistant there today and she said that this attorney is suggesting a CHANGE OF VENUE for the downward mod hearing and other adjustments to the EXTREMELY pro-BM,horrifically lopsided mediation agreement that Chef agreed to because he "thought that if he gave the BM EVERYTHING, she would play fair with him as far as visitation was concerned" (TM)

THAT would be SOOOOOOO FRIGGIN AWESOME!! It would mean that the BM would now be a "fish out of water" as she never travels beyond her hometown's five mile radius (unless on her many extravagant vacays).

I set up another appt for this attorney--it seems that Chef is now onboard. He doesn't want visitation or custody (THANK GOD!

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thinkthrice's picture

More commenting here as post cut off the rest:

Chef *should* be granted Constructive Emancipation by Conduct seeing that all three skids have been PASed out now for well over five years due to the BM and clan.

Chef overpaid the orthodontia for the skids and the magistrate of the BM's county said that was ok; no requirement for Chef to be paid back.

Not getting my hopes up though. . .

thinkthrice's picture

This is the FIRST attorney to even suggest this! I didn't know it was possible, quite frankly to get a change of venue for family court cases. The two other attorneys that we used basically were like "suck it up and give the BM what she wants--water under the bridge"

thinkthrice's picture

I'm thinking that too. It seems downstate dads have much better luck in court with equitable solutions whereas upstate is stuck in the "tender years doctrine" and "false chivalry."

thinkthrice's picture

I've asked other attorneys if he has the right to "palimony" which he doesn't. But if I were to turn him out on the street in the financial situation he is now, I have NO doubt he would take his revenge on me. Around here restraining orders are worth the paper they're written on and the cops couldn't catch a cold.

When seconds count, cops are only minutes away.

thinkthrice's picture

Would love to! Unfortunately (i guess) Chef is not a felon. He doesn't even have a speeding ticket as he drives like a grandma.