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wondering how this is going to play out

mom2boys's picture

We have court tomorrow and im totally in the dark on how this is going to play out. 1st time going to court.

We filed for sole custody with limited access in regards with SD12( basically we say when and where...we are saying she CAN have visitation whenever she want upon discretion of us) in August 2010. she has ingored the papers. Moved, never notified her lawyer of new address/phone number etc. Needless to say they were finally able to serve her last week (BM) at her workplace.

Whats going for us

-took custody in 2008, mon-fri BM on weekends.
-stoped visitations on recommendations of social workers, BM had broken a court order within 15 days of being put on her.
-taking parenting classes
-took SD to all dr and conselling appointments
-no protection concerns in regards with us, no referrals of CPS ,etc. Stable environment.

Whats against BM

-partying, random guys in house, smoking in house(not illegal but children has told CPS they don't like it ), drug tests failed for marijuana, her ignoring lawyer calls, failing to do any addiction classes or show up to anything in that regard. having men around her children that she was told that was UNSAFE to have around her children. avoiding drug tests. avoiding custody papers but not have contested or tried to see SD since we stopped visitation in Feb 13th 2011. seen SD once since then, we called and notified BM of major surgery, MIL had to pick up BM to see her at the hospital, BM stayed 45 mins and promised SD she be back next day, she never showed up since. No calls even though she has our phone number to talk to SD. SD has called her numerous times, and she wont call back or return phone calls. invited her to see SD during Christmas, no show. Everything is documented,etc. No CS paid to us since we have custody. She quit her job last week when she was served papers for court, so she doesn't have to pay CS to us. ( no proof that is WHY she quit her job, but we know it, just cant prove to judge). Since she got served she finally got a hold of her lawyer ( how convient ) and now she has called at least once a day for three days straight ( wed, thrus, fri) no call sat or sun, we are figuring her lawyer told her to start making contact. we have NOT prevented her in any way to come see SD at our home. We are very open about that. We just refuse to allow SD in her home where she is not providing a safe environment, SD seeing to much stuff there.

With what is against her... we think the judge might give her something or don't..they favor BM's don't they????? i mean, we are not saying she cant see SD but we rather it be in a public location or in our home... just notice of date/time she would like to SD and we will accommodate her.. even though with her past actions, we know she won't continue on with it or whatever..

Orange County Ca's picture

Courts do favor BM's but when kids turn 14 things change and she's pushing 14.

If you can PROVE all that stuff you should have a pretty good chance.

mom2boys's picture

All the stuff we have on BM isn't coming from us,, it is coming from mostly CPS and it is court documented stuff that is proven fact.

And.... Honestly.. Im surprised... she never showed up!!! anyways it got rescheduled cause she never showed til end of august and if she doesnt show up then, she lose all rights. Our lawyer said, even if she doesn't show up, she doesn't have a leg to stand on. She didnt even notify or call her lawyer to say she wasn't coming.