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Cautiously optimistic--May have SD permantently as of 2/1 !

northernsiren's picture

We had our appt at the lawyer's office on Saturday and it went very well. He seems like a very calm, rational man, and hopefully if he ends up getting involved directly with the BM, this will work out for all of our advantage. The morning of the meeting we did get a bit of a surprise, I have been bugging FH for months to find the custody agreement actual document, plus any other documentation he might have. ya ya ya. So that morning he pulls out an envelope full of yellowing pages from 12 yrs ago, every scrap of paper pertaining to the court case, down to the receipts from the motel proving that BM cheated on him... LOL.

So in going through all this, what do we find but papers submitted by BM's lawyer, and it's the guy who is now OUR lawyer!!!! We freaked out, not knowing if that would be a conflict, and he wouldn't take the case, but it worked out fine, no problem.

Anyway, long story short, the results are rather positive, and we are cautiously optimistic. Apparently in the state of CT, due to SD's age, the court will not force her to go to a home where she does not want to be. Apparently he even just finished a bitterly contested case with two teens SD's age who wanted to be with their mom despite a mountain of evidence, including a GAL study saying the kids were better off with the dad. The court sided with the mom, b/c that's what the kids wanted! Biggrin

Not only that, but once we get the filed papers back signed by the court with a hearing date, he advised us to not return SD to her mom. Yup, you heard that right, refuse to bring her back at the end of his scheduled visitation. He said that if she calls the cops, as long as we have the papers proving custody is in dispute and SD says to them she will not go back to her moms for fear of injury, they will not forcibly remove her from the home, and the court will not look badly upon us for doing so.

In the end, he said that given her age, it is very uncommon that this would be an issue. Most people once their children get to be this age allow them to make the choice, or at least do not contest it voraciously.

Apparently it is also highly unusual to have even a visitation schedule at this age!!! Yup, so basically if SD and BM want to get together, they will need to figure it out for themselves, and plan, she will have no rights in that area, LOL. I told SD that once the smoke blew over from this, if she wanted to see her mom, maybe at first trying to set up going to lunch or meeting somewhere to spend time together might be better than going to BM's house (I didn't say it but I want witnesses if BM flips out and starts beating the crap out of her, plus I want her to easily be able to walk away and call her dad or me).

Finally, as many of you suggested, he indicated we should file for child support, but in the end, the grandparents basically told him they would be the ones financially supporting SD above and beyond us of course, and just to expedite the case and hopefully convince BM to not contest it, we opted not to file for it. We will have SD for a total of 3 years, and BM has no intention of working, and even if she did, it would be minimum wage, so it's really REALLY not worth the struggle, especially with two people willing to help out should the need arise.

So as it stands right now, he's filing the papers midweek this week. He expects to get them back in 10 days, with a court date of 2 weeks out from then. SD's birthday is 2/1, and it looks if all goes according to that schedule, that may be her biggest birthday gift, never having to go back to BM's house ever again...

We told SD all of this on Sat night. Sat down and had a long talk with her about how it's all going to work, and stressing to her that she is considered mature enough by the court to make this decision for herself, but part of that comes with being able to say this is what she wants, and state why, when asked. We're having her do some writing on this subject, so that when pressed, the words come more easily to mind. If BM doesn't contest it, SD will actually never have to say it to anyone, though the weekend we'll be keeping her FH decided that after he picks her up he is going to have SD call BM, and tell her, then he'll take the phone back and deal with the wrath. But beyond that, she may never even have to say it to the judge, unless, like I said, BM contests it.

We will see though, I still fear for BM's reprisal over all this.I talked with SD about it, what to do if BM shows up at her school and demands she go with her, things like that. I have to look for cell phone recording devices online today, b/c she is going to stalk FH nonstop, that is a promise. We will probably have to get a restraining order on her, and maybe even file harassment charges, and I want a log of all her calls to back this up, plus recordings of the crap she says. FH will eventually have to block the number and tell her to correspond via email only, I have no doubt it will come to that.

But it's all worth it, seeing that girl smile so much. seeing her working diligently on her homework here, excited about school and a new start. Hearing her say she wants to live here b/c here we work as a team and she's part of a family rather than an outsider, I know even if it does end up drawn out, as long as she's with us while the battle goes on, she's better off...

Comments

bellacita's picture

this is great news!

to me though, i have to say, i guess if thats what ur lawyer said then its rite BUT to say BM wouldnt even have visitation rites??? highly unusual to have visitation at 15???? even if there is documented abuse, i would still think she would be entitled to supervised visits. this is strange to me. also, not returning her to her moms?? i didnt think it worked like this...bc god forbid it WOULDNT go down the way u are hoping...i dont know. im not trying to bring u down here, i just didnt think it would be this easy. seems almost too good to be real, u know?

i really DO hope it all works out though...u know im rooting for u guys!

"Given the right reasons and the right two people, marriage is a wonderful way of experiencing your life."
~the late great George Carlin

Sita Tara's picture

But I guess if the case is closed from before it's ok he's your lawyer? Agree with Bella that this seems too good to be true, but the attorney must know what he's talking about.

Goodluck and keep us posted!

"Om Tare Tutare Ture Mama Ayurpunye Jnana Putin Kuru Svaha"
~Sita Tara Mantra

northernsiren's picture

but I mean, this is what we pay him for right, it'd be silly not to believe him. I guess the thing with visitation is, unless she forces it, they don't do it b/c no one is going to physically force a 15 yr old to go somewhere they don't want to be for fear of a runaway situation.

That's what he said anyway, we'll find out soon enough!

"Insanity: doing the same thing over and over again and expecting different results." Albert Einstein

Elizabeth's picture

We just (less than an hour ago) got done with a court case regarding SD15. Our judge said she was old enough to decide where she wants to live (with BM) but that, barring the fact that SD beats her (he doesn't), she HAS to see him per the visitation schedule.

northernsiren's picture

In our case, BM does beat SD, according to SD anyway, but I mean, I keep coming back to this question, are the cops literally going to show up at your BM's house and drag SD to your house? Does the court expect the BM to physically drag SD to the car and take her to your home? I mean, is that realistic at all?

I just don't get that, and if I were the kid, in this situation, that would literally be what it took.... not to say there's anything wrong with you or your husband, but if I didn't want to go, they really couldn't make me. (I was kind of a brat though!)

"Insanity: doing the same thing over and over again and expecting different results." Albert Einstein

Elizabeth's picture

DH offered to take less visitation with SD15 in exchange for paying less CS. So BM had the opportunity to do what SD wanted but decided the money was more important. I have a feeling what will happen is that now that she has CS she won't send SD down. And that means we'll have to go back to court to enforce visitation. But at that point, yes, if it comes to that I believe the police will force her to get in the car. Hopefully it doesn't come to that.

northernsiren's picture

Honestly, that sounds so traumatic for a kid, no matter how old, to be forced into a police car, even if they would do it, would your H really push it to that point though?

As heartbreaking as it would be, I really can't see the point in forcing a teen to do visitation they don't want to do. What good can possibly come out of it? More resentment, more anger, and the danger of a kid running away is all I can see....

"Insanity: doing the same thing over and over again and expecting different results." Albert Einstein

bellacita's picture

a child shud have a say in visitation. in theory, its great. but i think it only works in extreme cases. a kid shouldnt be able to choose staying home and hanging w friends over visiting the NCP or whatever. also, some kids are so badly brainwashed due to PAS and the like...i dont think a child should be forced to visit a dangerous parent BUT i also dont think a kid should be allowed to skip visitation bc she just doesnt feel like it OR hates the stepparent. thats not fair to the NCPs either...a happy medium im sure is hard to come by.

"Given the right reasons and the right two people, marriage is a wonderful way of experiencing your life."
~the late great George Carlin

Sia's picture

this sucks to be in this position. Once, when SD did NOT want to visit with BM, BM took us to court for contempt b/c we didn't MAKE her go. When we got to court, the judge told us that if we didn't do everything to encourage her to go, we were guilty of contempt and would go to jail. I stood up and told that judge that I was NOT going to physically put a 15 y.o into a vehicle she didn't want to be in and make her go someplace with a mentally ill woman. After telling me basically to shut up and sit down, the judge did say that we were responsible for her visitation but that if we felt she wasnt safe then we didnt have to allow it. In KY the age at which a child can "chose" were to live is 12, providing that the parent is stable and able to support the child, etc.

northernsiren's picture

so hopefully that will be enough. From what the lawyer said, it does seem that SD has a significant say in what happens to her now, and that's a good thing. I KNOW BM isn't going to give a rat's ass about setting up a visitation schedule, like I said, the last time all this came up she didn't even mention that, or SD's school, just us not getting a dime of CS from her. Visitation will occur to her probably a month after the court thing is over, and it'll be too late. She can go back for visitation, but she'll have to hire a lawyer to do it, and she won't spend the money. Sadly time and time again, she's shown her true colors, namely that SD just isn't important enough to her....

"Insanity: doing the same thing over and over again and expecting different results." Albert Einstein

Sia's picture

that it might become more of a test of control. Meaning that while she may not give a shit about SD, she may try to stop the custody thing purely for control. She may also force visitation, again purely for control. I hope it all goes well...I'll be thinking about you guys and SD!

northernsiren's picture

I think you're right but I also think she's going to be reeling so much from the idea of $500 less in her family coffers every month, the "income" FH's CS provides, she's not even going to think about seeing SD. She's going to fight tooth and nail over the custody, for no reason b/c she can't win, and in the end, have no provisions for losing, and it will be said and done, and she'll be SOL...

let's hope anyway, karmic bus incoming, honed in on BM's big a$$

"Insanity: doing the same thing over and over again and expecting different results." Albert Einstein

Sia's picture

}:)

Sita Tara's picture

I don't think it matters how old a child is. I have no reference point for this. I can tell you a CPS worker told us once when we were afraid for SD after BM physically hurt her, SD ran to a neighbors to call us and we came and got her. She went to ER (Sat afternoon) for back pain from being pushed by BM into a chair that toppled over hitting a wall. We filed a police report. But SD was due to go back to BMs before CPS bothered to interview BM. So BM was going to find out CPS was called while SD was in her care. So DH asked them if he had to send her back. They said, "I can't tell you that you can keep her. You will just have to do what you feel you need to do." DH asked if we would face contempt if we didn't send SD back to BM. The CPS worker refused to answer us, and they didn't try to contact BM sooner so that they could assess the situation before SD went back there. They were absolutely lame. So DH and I decided he would call and tell BM, so perhaps she would get mad at SD right then and there, and decide not to even take her to punish her. She didn't. Oh she got mad alright, but wanted her for her time so she could "handle" SD.

I cried all night about her going there, and didn't sleep. School was out so there was no way for her to contact anyone for help if she needed it. When SD came back she said BM and her then Fiance searched SD for "wires" because BM thought we were going to record her.

It's a tough battle you are facing. I am most hopeful your BM is about money and not control or saving face to other people like our BM was. I am really hopeful she just caves without putting you through all the financial and emotional stress for a year or so first.

Once again, Good luck to you, DH and SD.
"Om Tare Tutare Ture Mama Ayurpunye Jnana Putin Kuru Svaha"
~Sita Tara Mantra

StepG's picture

I am glad it seems as though it will not be long and drawn out. I hope SD does good with being able to stand up to BM. That will be the hardest part...so glad for yall

northernsiren's picture

once she doesn't have to be physically afraid, I think she'll be okay. The talk we had was very serious, and she also spoke with her grandparents who reiterated our concerns and our support of her. She's gonna do great, with us backing her up I have little doubt!

"Insanity: doing the same thing over and over again and expecting different results." Albert Einstein

Tara12's picture

Hey girl! I'm glad to hear that things are moving forward and SD can look forward to a stable, healthy, and happy home with you and DH. The only part that worries me is the backlash from BM which you already posted about above. I'm just worried that BM is going to do everything in her power to make SD feel guilty and just terrorize her til the girl is a nervous wreck. If abuse is found can SD still be made to go to visitation? I don't know what state you live in but I know for example where I live that unless the NCP is an absolute nightmare, child molestork, etc. that visitation is still a go. But maybe your state is different and your lawyer sounds like he knows what he is talking about. Good luck! Please let us know what happens!

northernsiren's picture

it's our understanding that basically until this is resolved, BM won't be able to contact SD at all unless it's through us, and if she's abusive, that will be the end of that. I am seriously thinking about getting the phone recording device and telling her, before we hand the phone to SD, that she's being recorded. That was exactly our fear too, the hell she'll put SD through, but if SD is with us, and KNOWS she doesn't have to see her mom if she doesn't want to, I think all will be okay. From what he said, unless BM forces the issue, which I seriously doubt she will even think to do, there will be no visitation order at all, and she won't have the right to see her unless SD wants to. Sounds weird to me too, but I gotta go with it, the grandfather is paying a lot of money for this guy's advice, and while I still fear the worst, we have to trust him to know what he's talking about, he's been doing this in the area for almost 30 yrs, so he should know what will fly and what won't.

I asked him what we could do at this point to expedite/smooth things along with this whole process, and basically he said the only thing we could do is do what most people in this situation do, and that's sit down and work it out with the other parent. Basically everyone on board, including him after all we told him, now thinks the BM is "not well" to put it calmly, and it is impossible to have a rational conversation with an irrational person, so this is our only recourse.

I concerned about the timing, while we want this to happen ASAP, it will suck if the weekend we end up keeping her ends up being her birthday. She wants to have a party, here, and I have this horrible vision of the police showing up when her friends are here, or the BM showing up, and causing a scene in front of her friends. Bad enough it would happen on her birthday weekend, but in front of her friends, that's just too sad....

"Insanity: doing the same thing over and over again and expecting different results." Albert Einstein

Tara12's picture

Get that recording device! It will help in the long run. I hear ya I can see BM showing up with the cops on the poor kids b/day too. I almost mentioned that earlier! Hopefully this will happen for you guys sooner rather than later. I will keep my fingers crossed that BM doesn't put up any kind of a fight! She is just going to miss her $$$ every month!!!! I hate BAD mothers!!!! You rock girl - you are the best step mom this girl could ever have!

Most Evil's picture

I hope it all works out ok!!!!!

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