Ex threatening to take son....CAN SHE DO THAT????
I've told you all about the crazy exwife....well things are much better now because we won't let her control the situation any more. BUT, now she is back with more threats. She won't let us have my step son on days we are supposed to have him, and we want to change one of the days. So, we asked her to go to mediation. She said that if we take her to mediation, she will not budge and will go all the way to court and file for sole custody (we currently have him 50% of the time). Yes, I have all this in writing....
Can she take custody away from us??? I don't think so, but thoughts??? Any idea how the judge will view her threats, or will he even look at them?? Will the judge understand that we want the child earlier on the weekends because getting him in the middle of the day just ruins any plans we can make?
Most family court judges
Most family court judges around 50/50 custody and use mediators if this is impossible due to work schedules, etc. They will not give sole custody to one parent without just cause or unless parents are ok with that. They usually do not think children are able to decide where they will reside until they are in their teens, high school age usually. There is no one size fits all with family court system. Ignoring the original court rulings will irritate the judge too if she ignores your visitation rights like she is currently doing. You will probably be ordered into mediation and go from there, and you can request this since she is trying to go above the courts.
Our papers say we have to go
Our papers say we have to go to mediation first, and we are, but she says if we take her to mediation she will not change anything and so we will have to go to court and she is going to try to get sole custody.
BM can do whatever she WANTS.
BM can do whatever she WANTS. But I highly doubt that a judge is going to give her SOLE custody - ESPECIALLY when she is showing the signs of being difficult to co-parent with.
*caveat* UNLESS you live in
*caveat*
UNLESS you live in NY, CA or MA
I would call her bluff.
I would call her bluff. Unless there is good reason, the judge isn't going to take the kiddo away from either parent.
Thank you. She threatens all
Thank you. She threatens all the time with things when she is not happy. Tells us if we don't do something, she will make our lives a living hell, or her favorite "the gloves will come off". This is the first time she has threatened with custody. I didn't think she could take the child away, but I just didn't know if anyone had experienced this kind of craziness. Basically you hit the nail...she's upset cause she can't control him anymore and she is grasping.
You should take the
You should take the opportunity to bare her ass to the judge and go for custody. Y'alls schedule is ridiculous to begin with. 50/50 with trading every day. Oh, to hell with that. At the very least, get it changed to every other week. Damn if I had to see BM every single day, I'd probably slash my wrists.