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Modification

fightingred's picture

So, I'm new to this, but thought it might help with my anxiety. I have been married to my DH for almost 3 years, but have been with him for 5 years. When we began dating, his divorce was being finalized. The joint parenting agreement for his son has not been modified since it was originally filed and signed.

My DH was losing his job due to a merger and had been looking for a new position for a year. however, his skills are on a very specific technology and in our area there were no jobs. So, a company from out of state called him and he interviewed and we had to make a difficult decision, either stay in the area, lose the job, and hope/pray that something comes along, or take the out of state job, move, and be able to pay child support for his son. So, we took the job out of state and moved DH, myself and 2 month old DD out of state and away from family and friends.

Well, BM filled for state review of child support on the day DH started his new position. She also wants to modify the visitation, which is fine because the situation isn't what it was, but she wants to give my DH Columbus day. However, she is demanding sole legal custody.

SHe is not stable and DH doesn't want to lose joint legal custody. She has been engaged at least 3 times in the 5 years. THe latest one she moved in with, was working on renting out her house, and sold all her furniture. He cheated on her and she broke it off. Moved back into her house, which my DH helped her move back into. While she was at her boyfriend's house, she moved SS into a new school, but now that she's back in her house she's out of district. Anyway, she got back together with the guy and then broke up again. The first breakup was the weekend after SS birthday and the second was Christmas.

My DH got the paperwork while I was out of town and called BM attorney directly, indicating to her that if he could avoid hiring an attorney himself that he would potentially pay BM attorney fees. I begged him to get an attorney to protect his interests and those of his son. And he did it.

However, the attorney is indicating that it might be difficult to keep his joint legal custody and he is making it sound like if he had not gotten an attorney he would have had a better chance of keeping it.

I think I did the right thing...just wanting to protect him and his son. He sounds a little resentful.

I did what I could to help him, but that's all I can do. Was I wrong? Should I let him represent himself and if it ends up badly comfort him?

Comments

Anon2009's picture

Second professional opinions.

Your DH needs to do everything in his power to keep joint legal custody. He should contact an attorney in the area where BM lives so he can know the specific laws of that area. Before you moved, did he do any research into whether or not he could keep joint legal custody or not? If not, he should be doing that now and finding out what he can do to keep joint legal custody. He also needs to be able to prove to the court in BM's area that he moved so he could continue to pay CS and his son's lifestyle quality wouldn't change. He also needs to be able to prove to the court that he communicates with and sees his son as much as possible.

fightingred's picture

He didn't do any research. He and BM had a relationship where she was sometimes respectful of him and he discussed it with her. So, no we don't know the laws about legal custody if he moved. The move to continue to pay child support, I think can be proven. He works on a niche technology, so if he moved to a different technology of which he had no certifications, the pay would have decreased at least $20,000. He can prove that he was losing his job.

We bought SS a computer for Christmas with a webcam and set it up so that we could video call him. DH talks to him almost every evening, knows what's going on in school and helps him with his homework when needed.

Anon2009's picture

you formerly lived, as that is where his divorce from BM happened and that is where the previous agreements regarding SS were devised.

That's great about the laptop with the webcam- definitely save the receipt and paperwork showing how it has a webcam with it to prove to the judge that DH communicates with SS frequently.

Most Evil's picture

that whoever has the best lawyer, wins. So if you can possibly afford an attorney, I would get one.

A horse cannot serve two masters.-! that is, if he shares attorneys, he is not having his interests fully represented!!

Plus why would he pay BM attorney costs? You did the right thing, he needs you to help him with this!

"A lie told often enough becomes the truth." - Vladimir Lenin

fightingred's picture

He would represent himself in negotiations with her attorney, rather than retain his own attorney. That's what he originally thought. In their petition for modification, they are stating that he makes more money and therefore, should pay her attorney costs.

melis070179's picture

I would speak to a few different attorneys. Don't just settle for the 1st one you meet. Set up 3 or 4 interviews and pik one that sounds like they will be the most helpful. I don't see why having an attorney would make you LOSE joint legal custody?

"Nobody will ever win the battle of the sexes. There's too much fraternizing with the enemy"

Rags's picture

him may have decreased your chances of retaining joint legal?

If I have interpreted this correctly then your lawyer is not only an idiot he is potentially not representing your interests in a manner that could cost him his license.

Call local chapters of blended family organizations and ask for references on successful local lawyers.

Google Father's Rights Lawyers in area where your Skids court case is located. Try this one: http://www.dadslawyer.com/

It seems to me that there is no compelling reason why the basic CO should change other than to change from a local visitation schedule to a long distance visitation schedule.

Where the parents live should have little or no bearing on Joint Legal Custody.

Best regards,

imagr8tma's picture

Hell who is that attorney working for.... the BM.

He/She is not worth retaining. You all want someone who will fight for your DH and his son. Not some damn whimp.