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Been a while - genetic hearing today

futurestepmomnowstepgf's picture

Been a while since I posted any updates on court and what is going on. I just got back to town yesterday after being out of state for a week for an unexpected death in my family in another state. Not looking for sympathy, but didn't want people commenting I hope things are okay if I was more vague because they clearly are not, but anyways I am not here to talk about that. 

This morning is the genetic hearing, but really have no idea how it is going to go. According to my bf's attorney, BM's attorney has not filed the petition for the genetic testing to be done. So today, his lawyer is trying to get it ruled in the court that there will be no genetic testing at this time or at a later time due to the BM and her lawyer not filing/petitioning what they were supposed to when the judge two weeks ago said they had until 8.23 to get this done, which is today and instead to have the pendente lite hearing. Also stating that this is all a stall tactic to delay any rulings, etc. by the BM and the lawyer. So basically my bf's lawyer got my bf's hopes kinda up that because it hasn't been done like it was supposed to be that they can get it that it is not done at all. Me on the other hand, who is over having an optimism on the subject of custody, thinks the judge today will give them another 2 weeks to petition and get the testing done. The reason I feel this way is because originally the lawyer asked for 8 weeks to get the testing done, the judge also said he could not legally have a pendente lite hearing until the testing is done as the paternity of one child is in question. BM and lawyer will get a slap on the wrist, be told if they do not do it in 2 weeks, then they will move forward with a pendente lite hearing. This is just my guess.

Also, BM will not be in court today, because she took the children out of town until the 26th and they have been gone since like the 15th is our guess, but BM did not tell my bf that until he asked to see them and she said they are out of town for a few days, then he asked again and she said that they won't be back until the 26th. Bf is pissed especially because she has gone on and on in texts recently about communication and such, then she takes them out of town for a while without saying anything until he asked several times. Which I agree is total bs, but in the end probably doesn't matter anyway. 

So there is my update, no idea what is going to happen today, I mean only thing I can also guess is somehow the BM's lawyer did petition what he was supposed to, but it did not get to my bf's lawyer and they are in for a not great surprise today in court. Any thoughts?

Comments

justmakingthebest's picture

Keep us updated!
 

I agree with your thoughts. BM's attorney is going to get an extention and probably not even a slap on the wrist. Nothing is going to happen today other than that, and court won't be rescheduled for 60 days due to conflicts in schedules. All this hearing is, is a waste of money. 

Hopefully BF's lawyer can at least get a temp visitation order to see the girls, but I doubt it...

futurestepmomnowstepgf's picture

is the judge said he cannot do a pendente lite hearing which would be a temporary custody order until the paternity is determined and genetic testing is done. So even though both BM and BF know that the younger one is biologically his, the judge said until the testing is done he cannot do any order for him seeing them. 

So that is why I think the judge today is going to deny my bf's lawyer's request and BM and them are going to get an extention. I also would not be surprised if they did petition, but did not send it to my bf's lawyer or something because that way it looks like they did their part but my bf did not do his and then it will definitely be an extention. 

I will definitely keep you all updated!

tog redux's picture

I knew BM didn’t really want him to lose rights to the older one. 

This will drag out for months if not years. It took my DH 27 months to get divorced because of endless delays and BM refusing to agree to anything. He finally had to give her sole custody to get her to agree and finalize the divorce. 

 

ProbablyAlreadyInsane's picture

2 years for my DH. Wasn't even about custody. She just sucks as a human being.

It's far too easy for high conflict people to delay s***.

(two sentences and had to fix like 12 typos... Gonna be a LONG day!)

futurestepmomnowstepgf's picture

is getting old, fast. I am waiting on hearing back from my bf about how court went, it was at 10 am and still no word yet

I worry that if these games continue and continues to be dragged out that I won't be able to stop myself from telling my bf to just give her custody to get it over with or fight it out but I can't continue to sit around while he does so anymore. I really don't want it to come to that, but already it has been 1.5+ and I have been here for 1 year of it. 

tog redux's picture

Do it. Not only did it take 27 months for DH to finalize his divorce, the conflict and court stuff  continued for 2 years beyond the divorce because of her alienation of SS. It really didn’t stop until DH began to think I was ready to walk (I was) and he finally dropped the rope and that meant no contact with his son for over 3 years. 

Your BF has to decide now how long he will fight with BM because she will keep it up until the kids are 18. 

Harry's picture

That the kids are out of town and are missing there time with DH.  Just get it on the record,  it that will mean anything 

Thumper's picture

High conflict custody can go on past emancipation age. Especially when Alienation is at the core of all 'things'.

It appears in many situations that court order do not matter for mothers. I do hope that I see the day when it will.

Please keep us posted.