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Tomorrow the settlement agreement goes out

futurestepmomnowstepgf's picture

Well it has been about over a month since I talked about my bf's legal situation regarding the custody and the divorce. Also took a few week break from this site to get some fresh air. So my bf got a new lawyer, offically signed all the paperwork, met with him, and all that jazz this morning. This lawyer is cheaper than the lawyer who was essentially twiddling her thumbs and making decisions without discussing them with my bf first. Also, this lawyer thinks he has a good chance of getting what he wants in regards to custody. So today they drafted up a settlement agreement and it will be sent to her tomorrow. Then the lawyer wants to wait a week and see what happens, if she doesn't agree, then finally setting a court date. I doubt she will agree because that has been what has been holding this up this whole time is not agreeing on the custody. However, the BM did say something at drop off over the weekend about needing to sign papers etc. so perhaps that leans towards not being as combative and just getting it over with, I don't know.

Maybe I should feel optimistic because another step was made towards getting this done? I don't really feel optimistic anymore though because it just seems that nothing is being done quickly and it feels like there is no light at the end of the tunnel. I am glad he got a new lawyer and one that believes in his case, not just trying to rack up money and one day will get the divorce and custody settled. On the subject of BM supposedly moving out of state in a few months? No idea, she has not brought it up again or anything like that, so at this point we are chalking it up to she was trying to scare him/threaten taking them away. Who knows! 

Bright side with the children, BM has only taken them for a 24 hour period at a time in the last two weeks, so when my bf picks them up, the influence on their behavior is not as drastic. However, kind of dreading next week when he picks them up because she will have them this Friday evening until Tuesday morning. Which on the selfish side works well for my bf and I this weekend because my car unexpectedly died this week and is not worth fixing, they are asking for the amount I paid for the car to fix the car, so we will be going to dealerships this weekend so I can buy a new car and taking a 2 yr old and a 4 yr old car shopping is not ideal at all. 
 

Trying to stay positive and focus on other things in the mean time :x

**Edit: Plus I guess we should be waiting for a shit storm to hit next month because today was the last payment the military requires (1 year) him to pay BM since they have separated (she ended up getting additional months because he paid her the first few months in cash and it has to be done through the military taken directly from his paycheck). He will be dropping the allotment she has been receiving from $600 to $100, I cannot imagine that will go over well with her. 

Comments

futurestepmomnowstepgf's picture

about the settlement offer. So all I know until I see him after work is it lists what "he wants" which I know for custody he wants them for the school year and for her to have them holidays and breaks. Luckily, they did not have a house together or anything and their cars are in their own names, so there really isn't much in regards to assets. When they talked a month ago, she had said she wants them for the school year and not the breaks/holidays. They already divided up what was in the home they rented together over a year ago so that part is already done too. 

Harry's picture

You live in a different state.  No judge is going to make kids move to a different state, chande schools, because your BF want it. Possibly if you move close to BM so SC can go to the same school you could get 50/50.  Face facts you are states away now, and are not doing EWE or EOWE now, so you are totally chanding this kid life.

And how long are you are going to stay in once place ?   Unless you can prove that BM is totally bad. Like getting CPS visits, jail time 

 

futurestepmomnowstepgf's picture

we all currently live in the same state. However it is inevitable that soon we will all not live in the same state. Currently even though their temporary order says 50/50, the BM in the past 5 months has not been able to be available to have the children more than 43%, but usually is around 29-32% of the time. So my bf has them 57-71% of the time, we have been keeping track of every drop off and pick up since December. 

The youngest one won't be starting kindergarton until september 2020, so right now changing schools, etc. is a non-issue. 

futurestepmomnowstepgf's picture

I mean either she is going to agree to it or to court they go, either way by next week I guess it will have movement in one direction or the other.

Cbarton12's picture

Depending on your state, even if he gets primary, the court order may order him to remain in your current state. And generally that type of order/restriction can only be lifted if BM moves out-of-state  

futurestepmomnowstepgf's picture

they are not at all to make decisions regarding custody based on gender. Also, my bf and I cannot move out of state until May 2021, while between what her lawyer sent stating she intends to move back to her home state after the divorce and her claim to my bf last month she is moving to another state within a few months for a job, looks like she will be the one to leave VA first. So at that point us moving would be a non-issue as she had already left.