You are here

Wording a Pro Se motion for a change of custody

I.hate.cats's picture
Forums: 

DH and I have put together a pretty convincing case for a change of placement, which is what they call physical custody here, for SD6 but we can't afford a lawyer so we're filing it ourselves. Some of our reasons include poor performance in school, BM hasn't signed her up for summer school though she's repeatedly lied to DH and says that she has, she gets SD6 up at 5 a.m. and she spends 2-3 hours before school in daycare (even her teacher has stated she's often tired) BM hasn't taken her to the doctor or dentist (we've taken her for all her doctor's appointments, which we've made and kept records) BM took her to a family doctor other than her pediatrician to try to get her ADHD meds and went so far so as to lie about DH having ADHD to strengthen her case for meds being a requirement (we have the medical records) The doctor said she needs therapy which BM took her to twice and stopped going, DH spoke to the therapist who confirmed SD6 has ADHD but needs behavior modification not meds. As a side note DH and I don't think SD6 needs meds either since she's able to focus and listen here at our house. We also have emails from her teacher for the past eight months that describe her behavior problems, many of which are severe and a psychological questionnaire that her teacher completed which states "I would not categorize SD as a happy child."

I called the courthouse and they've told me that anything we include with the motion, from our reason for requesting a change to any supporting documentation, will be provided to BM. Given the bias that judge's seem to have when it comes to letting BMs, even bad ones, keep custody of their kids, we're afraid that she'll make enough temporary changes to convince a judge that there's no need to change placement. I know that you ladies and gentleman aren't lawyers, but I was hoping that someone might have some suggestions on what to include on the motion without handing her a manual entitled 'How to ensure you don't lose placement'.

Rags's picture

Nothing but the facts. No strategy information. Receipts, doc reports, education reports, counselor reports, income taxes, etc... Countless pages of the stuff.

No transcripts of discussions, save those for when you or DH are testifying.

Each time we went to court against the Sperm Clan to protect my Skids best interests we submitted countless hundreds of pages of information. The first time they brought nothing but a Sperm Idiot pay stub and the last time they brought 8 pages. We handed them their asses and the judges always agreed with us. We did not always get everything we hoped for but we never failed to hand them their asses and chase them out of court with their tails between their legs.

Unfortunately we had to provide them with our tax returns as they had to provide theirs to us but other than than it was reems of pages of copied receipts of what they owed in unreimbursed medical costs, doctors reports on SS's disgusting filth covered condition when he would return from Sperm Land visitation when he was 2-6 years old, doctor's pictures of his butt covered in puss filled welts and diaper rash so bad his anus was raw and bleeding, doctors reports on how bad his BO was, redacted copies of pages from our phone bills showing specific dates and times of calls to/from them and a copy of that page from our call journal, etc....

We made it our mission in life to destroy them .... and we did. There is nothing quite as satisfying as clearly and confidently recounting a conversation with the Sperm Idiot or Sperm Grandhag with specific dates, times, durations, and content of discussion. It was particularly fun when they claimed that the call never happened and we produced recordings of the calls they claimed never happened. In our state it is legal to record your own conversations without notifying the other party/ies. }:)

We left them spluttering and wincing with responses that usually were along the lines of "Well, um, this one time, he/she did/said .........." We asked for the date and time of the conversation they claimed happened. We had a preponderance of the evidence to support our stance that a conversation did or did not happen. They had shit for nothing.

The more countless pages of documentation that you provide just raises their attorney costs. Since it is your informtion and you and DH are the expert on the information there is no major need for your attorney to read every page. Your attorney has you and your knowledge at their disposal. The opposition doesn't. Fully documenting every possible angle you can forecast just makes the opposition attorney a ton of money and guts the oppostion even further. Keep your stuff organized but when you send the opposition their copy separate it into random piles and divide it between random file folders and then the file folders between random file boxes. Don't spend a ton of time on this, just don't give it to them nicely wrapped up in color coordinated labeled files with a bow.

We were Pro Se the last time we faced them in court, we won. Our killer shark attorney told us the last time that we did not need him. We had them by the short and curlies, knew what we were doing, and to call him if we needed him. One of the most fun results of each time we met them in court was that their attorney of the month would fire them often before the court date but if not before then immediately after. Attorneys do not like being lied to by their clients. If you go loaded for bear with every stitch of possible information, the opposution ill invariably get frustrated and drop a lie. Take advantage of it when it happens.

All in my legal layman's opinion and experience of course.

Have fun!!! }:)

I.hate.cats's picture

Thanks, Rags and I love your nicknames by the way! }:) We're pretty sure that the hag is going to be completely blown away by all of the documentation since according to her and her douche boyfriend, she's a great mother and all of the things that we've alleged are lies. The craziest part about all of this is she seriously seems to believe her own BS! I learned with my son's father that the best way to really nail someone is to let all of the lies come out first, this way when you confront them with fact, they've already dug themselves a nice hole. That's exactly how we plan to deal with the hag on issues like summer school, ask what summer school she'll be attending, she was registered and how she'll be getting from school to daycare. This way when she busts out with the same line of crap she's been giving us, we can submit the documents that show she was never registered and ask follow up questions like 'Would it surprise you to know that per the director of the daycare, transportation is not provided to summer school?' I wish that I could do all of the interviewing! LOL.

The only thing that we're concerned with, since we won't have an attorney, is what to do if the judge says I can't be part of the proceedings outside of testifying. I call DH my Lamb because he's so sweet and sometimes naive despite the fact that based on appearances alone he looks like he's done some serious prison time because of the tattoos. I told him we'll get him some make up to cover them so that we don't lose before we ever present a case. In all honesty, we're hoping for even a temporary placement order for the summer so that we can show the judge that SD6 has improved while being in our care. Even DH has started to notice how she's made positive changes; we were in the store over the weekend and she started to throw one of her tantrums but caught herself, stopped and was even okay leaving the store without having gotten anything. Six months ago there's no way that would have gone down like that.

ItsGrowingOld's picture

Unless the child is being physically or sexually abused under BM's care, chances of gaining custody are slim to none. Your DH may get more time with her as a result of going to court, but a full blown custody switch is slim to none.

I would change course and ask for more time. Then in a few years, go for more time, etc. Your DH needs to build his case over time.

And by all means OP, do not be active in the court stuff. The courts DO NOT like step parent interference. Not.One.Bit! I promise you it will come back to bite you HARD if you interject yourself into this court battle.

Rags's picture

Yep. I concur with what IGO and Echo have said. I took a very strong presence tack in our battles with the Sperm Clan and in court. Invariably the opposition's lawyers would motion to exclude witnesses which isolated me from the courtroom except during my direct testimony.

However, I knew every word, letter, and syllable of the volumes of documentation we would bury and beat the Sperm Clan with in court. Never did we suffer repercussions for my participation other than exclusion of witnesses (the opposition was always sure to have me on their witness list to make sure I was excluded from being in the hearing) and a couple of idle threats for contempt.

In hind site I would change only one thing. I would have been just as involved but I would have been a silent behind the scenes participant rather than taking so much enjoyment out of humiliating the idiot opposition, their revolving door line of low budget moron attorneys, and the idiot Judges. I probably set the entire flavor of our 17+ years under the CO and several Sperm Land court actions when the first judge pissed me off and I took out a full page ad publishing his stupid court decisions during his re-election campaign. Every time we went before a judge after that there was always a comment about me being the guy with the advertising budget and the poor Judge of the day would cringe.

I was probably lucky not to have caused problems for our efforts.

It is interesting to me how my perspective has mellowed just since my kid asked me to adopt him. It kind of makes the 20 years of Sperm Clan drama a moot point.

Cocoa's picture

yeah, it doesn't sound like you have enough to win custody. we just went through this, but cps had stepped in (at the time they didn't have utilities and bm tested dirty) and placed yss with us. THEN we went to court and had tons of evidence (also had police reports of all the residences they had lived within the past 3-4 years - it was a book). a child being unhappy isn't reason enough to switch custody. maybe a lack of medical care if it's very serious along with some other type of abuse (educational neglect, being around felons/drugs, etc).

I.hate.cats's picture

I use the word custody because the state that I'm originally from doesn't have the term placement, but that's what the motion is "motion to modify physical placement" i.e. the amount of time that SD spends at our house vs. BM's. The CO is for joint custody, which we're not challenging and it says DH gets SD one night a week and EOW, so 6 nights a month. Over the last four months, SD has been here 13-19 nights per month, including several of BM's weekends because she "had plans" and we have documentation that shows BM has left her with caregivers the an additional 5-8 nights per month. I just listed a few of the things briefly but we've got pages upon pages of paperwork from doctors, psychologist and her teacher all stating there is a significant problem, both psychologically, physically and educationally, none of which BM has addressed.

We did go ahead and file the motion and got a court date in September, which is super frustrating, since SD will miss out on summer school after struggling terribly throughout the school year. The state regulations here take things such as the child's adjustment to school, their developmental and educational needs into consideration as well the availability of private vs. public child care, the amount of time each parent has spent with the child and whether the mental or physical health of a party, minor child, or other person living in a proposed custodial household negatively affects the child’s intellectual, physical, or emotional well-being. In addition to BM's own struggles with mental health issues such as bipolar and ADHD, her BS has had significant behavioral problems which have impacted SD6. Not to mention the in and out boyfriends BM has had, the latest of which has threatened DH (we have proof of this as well) and has this crazy obsession with guns-though we didn't bother mentioning the last part in the motion.

I am terrified that we're going to lose in court, not based on the facts, but given the way that the system works. We have a psychologist appointment set up for SD next week which I am taking her to. I'm not sure how a judge is going to look at our situation because I'm a stay at home wife/mom and DH works full time so I do end up doing many of the things that aren't being done, only we've given BM every opportunity to do it before we took it upon ourselves. A big part of what we're pushing in court is the fact that residing primarily with BM is detrimental to SD6's physical and psychological health. Not taking her to the doctor or dentist is a small part of it, the meat of the case is the sleep deprivation which we have documented by both the school and her pediatrician combined with some seriously aggressive, defiant and violent behavior from SD6 in the community. Do you think the judge will frown on the fact that I'm the one taking SD to school and to the doctor since DH is working and the closest BM will come to it is lying and saying that she has/will.

BM works at the damn daycare that she's had SD6 attending and although all but three pages of records "disappeared" from her file, the ones we have show that she's not only kicking and hitting the other kids, but she's done so to the teacher as well, climbing on furniture, etc. I know this sounds like an extreme toddler but she's 6 1/2 and this behavior continued throughout the school year and has negatively impacted her ability to learn, as she's been continually behind the other kids and has had to be pulled out for intervention. At nearly 7 she can barely read and BM hasn't addressed any of this despite the months of emails from her teacher documenting her behavior and learning problems.

Honestly, up until five months ago, I would DREAD SD6 day. We would have her Wednesday and by Tuesday morning I was already stressed out at the fact that she'd be coming over the following day. I hated the weekends we would have her because she was downright rude, disrespectful and even our other kids hated when she'd come over. When BM's schedule changed and SD6 had to start getting up at 5 a.m. I started feeling bad for her and agreed to take her an additional night during the week. I went to the library and started reading books on dealing with bratty kids, lol. I'm not a first time parent, my BS will be 14 in a few weeks and DH has two other kids that we have full time, but it's definitely a different story when it's not your kid and you're not the only influence. Anyway, I tried to be a little more patient and spent more and more time with SD6, who slowly went from an entitled little brat to a sweet kid who I enjoyed spending time with. Even my mother who has shied away from SD6 despite taking on a fullblown grandma role with DH's other kids commented about how well behaved SD6 has become. Her report card shows she's made big gains over the last three months and that was also reflected on her test scores. All that we're really asking is that the judge alter the placement schedule to where BM has SD one to two nights a week provided she gets ample sleep and can get her to school and that they implement a right of first refusal clause, as someone on here suggested.

BM isn't going to step up and be a parent, I'm just hoping that this judge doesn't hold it against us that I've stepped up and done so while SD is here. :/

ItsGrowingOld's picture

Judges don't like step mom involvement in custody court proceedings. Maybe your judge will be the exception and not the rule.