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The Court Battle

LostInTheMess's picture

In response to BM's motion to modify child support and the recent CPS reports regarding BM's husband, we filed a cross motion to modify the parenting plan for primary custody or alternatively to the 50/50 BM had been giving SO for 2+ years.

We hired a GAL as well. GAL found that IF the abuse had stopped, then it was in SS best interest to have a 50/50 split - which is what he wanted.

It took only 6 months for us to have a show cause hearing on both motions. Her's was granted. Ours was denied. The judge found that there was not adequate cause to have our motion heard because the parties agreed that the physical abuse was not CURRENTLY happening. Of course not you idiot - BM'sH isn't going to continue abusing the child when there is court action pending and CPS is involved! I was absolutely floored.

As for our request to go back to the 50/50 BM was giving us, well, denied! BM argued that it would be detrimental to his emotional well being to have the plan changed. What?!??!?! She snagged him back from the 2 years of 50/50 and it had only been changed for 6 months! The judge essentially said too bad BD, that's what you get for doing things outside of a court order!

We live in a state that is VERY BM friendly. If BM is not extremely unfit, then BD is screwed!

The kicker? 3 minths later, she requested a PP modification to change the days that SO has SS - um excuse me, won't that be detrimenatal to SS well being??????

Unfortunatley, when the court battle ensued, so did my battle with SS. He no longer viewed me as his friend. I'm sure in his young mind I was the cause of it all. It has been a struggle ever since and it is eating away at my relationship with my SO.


cs-or's picture

Hugs. The court battles seriously can drain relationships ... I'm in the middle of one and can't give any other advice than to just hang on.