unreal...

leladawn's picture
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So we're scheduled to go to court on monday and BM hadn't given a response yet. Well yesterday she gave him one, but with no affidavits attached! I went to the courthouse today and picked up the affidavit, which said:

"I am a legal assistant for......."
"Attached hereto and marked as exhibit "A" to this my affidavit is a copy of a letter (from her doctor) which states that the defendant is in no way able to participate in legal proceedings during her pregnancy"

Soooo what now? The letter said that she has been put on "strict bedrest". And won't be able to proceed until the end of June????

What the heck? She's poisoning her kids minds, she's moved away (she moved during the time of her supposed "bed rest" mind you), she never told bf she's on bedrest. Shouldn't he be able to take care of his kids then anyway? We already knew she was incapable, now its on paper.. Will the judge even consider letting bf at least take the kids until the matter can be heard then or is bf pretty much screwed?

soverysad's picture

File an emergency order with the court citing her "strict bedrest" and ask for full custody until she gets back on her feet in JUNE!!!!

"A pessimist complains about the wind, an optimist counts on the wind changing, a realist adjusts his sails"

DISbelief's picture

EXACTLY what I was going to suggest! Hope it works!

DISbelief~

~You have to BE crazy to UNDERSTAND crazy!~ Wink

leladawn's picture

Thank you soverysad, I think we'll do just that! Let's hope this works and that the judge doesn't accept her argument which I know will consist of "but I have a live in nanny!"

"You can complain because roses have thorns, or you can rejoice because thorns have roses." Ziggy

soverysad's picture

Well, hopefully, the judge will think it is better for the kids to be with their father than a third party. I would really push that angle. That he is a loving father who is willing and able to take care of his kids and would prefer to have them raised by a parent than a nanny.

"A pessimist complains about the wind, an optimist counts on the wind changing, a realist adjusts his sails"

leladawn's picture

Well we went to court, all ready and when we showed up it turned out that my BF's cas had to be moved at the last minute to a different judge because the original one assigned used to go to the same church as bf.. Crap.

I'm guessing this new jugde didn't have a chance to look over the case too much (in his defense its a lot to go over) and when BM's lawyer showed up it turned into a gong show.. I guess BM has legal aid and this woman know NOTHING about what was going on. She was bumbling even more than bf was (he's self represented) and she asked for an adjournment. She said that bm had just retained her 10 days ago (even though bm had had a month to do it) and that she had no case to present to the judge. My bf asked for all he could, I was sooooo proud of him up there, he presented everything clearly... BUT the judge granted him nothing. He said that he didn't want to make any orders without hearing a defense from BM (again, she's had weeks to come up with at least SOMETHING). So the good news is that BM wanted it adjourned until July and the judge didn't allow it, the bad news is now we have to wait until April 19 to be heard again. How many times will she have to stall this before enough is enough? On the 19th BF is going to use the same case, same argument though. BM has trouble handling her kids as it is, soverysad is right: if she's confined to a bed then BF should have the kids..I think its just frusterating because the judge didn't do anything about what's happening right now, he concentrated on the case as a whole instead..

"You can complain because roses have thorns, or you can rejoice because thorns have roses." Ziggy

soverysad's picture

Focus on the positive lela. I know it is frustrating. We went through all the delay tactics too. It is a real pain in the ass and it sucks because it is stressful and time-consuming. Glad it wasn't pushed off until July.

"A pessimist complains about the wind, an optimist counts on the wind changing, a realist adjusts his sails"

leladawn's picture

Thanks Smile you're right, I know that this will hopefully all come out in the end.. And yeah, thank goodness its only 3 weeks instead of 3 (or more) months!

"You can complain because roses have thorns, or you can rejoice because thorns have roses." Ziggy