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Update from new lawyer

futurestepmomnowstepgf's picture

So at 4 o'clock tonight my bf's lawyer called because when my bf brought the files by, the lawyer was in a meeting. So he called to say he reviewed the files and to go over the options. So because BM keeps bringing up the older child, we could technically put visitation for the child in the agreement or ask for it in court. Due to all the reasons already listed in other blogs we are not going to do that.

Apparently BM and her lawyer never responded to the filing in the court system so what my bf's lawyer filed in court is to be assumed as fact. However, that being said, apparently the judge does not have to believe it to be fact. So the lawyer started saying how all this is good and that he has a chance of getting sole of his daughter. That being said he also said if he put both children in it is even a better chance the judge would give more custody than he has.

After all that, the attorney did say that if my bf went to trial the chance of more custody or sole custody is 20-25% and even if he includes both children since BM is saying she would agree to it, it only raises chance 30-35%. Based on the judge's past ruling, circumstances, etc. the highest chance is 35%

So after that conversation, my bf is proceeding with his lawyer writing up an agreement for 50% of his daughter, no spousal support, etc, etc. PLUS if we don't go the agreement route and go trial route we would DEFINITELY have to go back to court when we move where as in the agreement we can cover it and not have to go back. Finally an attorney is honest about chances after asking a direct question about it. 

His attorney was going to try and get ahold of BM's lawyer today, write up an agreement tonight, send it to my bf to approve and then we shall see what happens!


tog redux's picture

I don't get lawyers - yes, you have a chance of sole custody, but it's miniscule - but yay, it's a chance!

I'm glad your SO is standing firm on not taking the older child, I agree with you that it's a recipe for disaster.  Ask for 50% and take what BM is willing to give, hopefully it will be more than what he has now.