You are here

Back to court he goes

Thursdaysarethebestdays's picture

DH had a court fate early in September where the judge gave a "final ruling" and a date near the end of October when the custody issue would "go away" in a sense.

Not even a full day after BM requests were denied and all her claims dismissed as unfounded, BM attorney starts playing his game.

The attorney requests to have the even/odd years in the CO changed because he claims the CO is in violation of our state laws or some crap like that. Basically he's saying the standard CO says CP gets a certain schedule, but some kind of way, DH and BM CO got the years flip flopped.

Seriously? As long as they alternate is it a big deal that their years aren't the same as everyone else's?

Then, BM is refusing to sign the final order because BM wants to remove the clause that says if BM moves outside our county or surrounding counties, then DH can move outside the county. She also wants DH to change drop off pick ups to our house rather than at DH parents who live 5 minutes away and that's not an exaggeration because I drive the 5 minutes to drop the kids off every morning before I leave for work. Lastly, she wants exclusive right to apply for passports for the kids....

What the hell is this crazy wench trying to pull?!?

Well, thanks to BM refusal to sign. DH is headed back to court.

Lalena75's picture

Sounds like she and quack lawyer are trying to pull rabbits out of their asses (hopefully minus lube) Sounds ridiculous, petty and a waste of the courts time. I stick with a big fat NO on all those changes especially anything that gives her sole control to move the kids, or take them out of the country which unless the other parent is dead and you have to prove that too it likely won't matter to our government and their passport rules.

Thursdaysarethebestdays's picture

I agree, its a waste of all of our time and money. BM attorney is a joke. His strategy was to paint BM as a family oriented motherly figure because we all know that BM walked out when skids were 5 & 3, 3 years ago.
BM attorney actually let BM boyfriend get on the stand and say that he and BM have been dating since 2008 and engaged since 2009. Problem with that is BM didn't walk out until 2010. So technically, she had "left" her family long before she physically left.

Way to go BM attorney!!

Thursdaysarethebestdays's picture

Her parents are paying her fees and their strategy has always been to throw money at every situation, including the step kids. Sometimes I feel like that is what's going on, other times I feel like BM attorney just has no idea what he's doing. His specialty is Civil Law, which isn't exactly the same as Family Law, even though this is a civil matter.

Thursdaysarethebestdays's picture

The CO does say that other parent has to give written and notarized consent for passports and international travel. I think BM problem is that currently the CO says DH has exclusive right to apply and keep passports for skids. BM couldn't get the court to give her any extra time, she couldn't make the courts take away all DH time, now I think she just wants to feel like she got something.

But I don't want to underestimate BM conniving ways either. I know people who will notarize things with or without the person who "signed" it being present. I'm sure BM could find someone to do that for her too if she could get passports and take off with the kids.

Now, I'm not sure where BM could go, since she's from our state & city, but you never know these days. Can't be too careful.

Orange County Ca's picture

In California if the BM was in the courtroom when the judge issued his order then she is considered to have received and understand the order. I.e. she doesn't have to sign anything, or be served with anything, for your husband ask a court to hold her in criminal contempt if she doesn't obey the order.

He should skip a court complaint and tell the attorney he is going to wait for her to disobey then go direct to contempt. The attorney will understand the implications and likely advise her to sign.

Thursdaysarethebestdays's picture

We're in the great state of Texas, does that same thing hold true? And does that same thing apply to Child Support?! I think I need to google that