Can BM get in trouble for filing for a modification w/out cause?
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Hello everyone! Sorry for the super long title - wasn't sure how to shorten it lol. If you read my last post, you know that DH recently received the final court order giving him primary legal and physical custody. BM is posting all over Facebook as well as threatening us directly that she is "fighting the order" and is going to get custody. Our attorney told us that if she filed for a modification that she has to have evidence of a substantial change in circumstances, which she doesn't because nothing has changed. If she does file, it would be the fourth time she's filed for a modification in the last two years. Can she get in trouble for this? DH and I don't have the time, money or energy to go back in and out of court again.
Just filing a modification
Just filing a modification doesn't necessarily mean going to court, at least, where I live.
She won't get in legal trouble for filing a modification but it will be denied if there is not just cause.
If your DH was given custody, there would need to be extreme changes in circumstances to reverse that.
I thinks she is blowing smoke.
Personally, I think people like her should be fined for filing excessive, unsubstantiated modifications but that does not happen (to my knowledge).
I wish she would get fined
I wish she would get fined because this is going to be the fourth time she has filed for a modification. The second and third times she filed were for the same exact 'reason' too, which makes no sense at all. It was literally the same affidavit but the dates were just changed.
Ask the judge if she can pay
Ask the judge if she can pay your legal expenses for these filings. Where is she getting the money to continue doing it?
We have NO idea where she is
We have NO idea where she is getting the money for this since she doesn't work and is thousands of dollars behind on child support to us and her second child's dad. Her and her attorney have a very unusual relationship - even our attorney noticed it and commented on it. Sometimes when I would go pick up SS at 9:00 at night she would be on the phone with her attorney and during the final court hearing she would go and buy him cigarettes during break. One of BM's ex boyfriends contacted us after they split up and confirmed that her attorney was working for free.
Nope, it is very unlikely
Nope, it is very unlikely that there will be any consequences for her manic filing in court.