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Topics - fightingmad2007

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Custody Issues / What more can I do??? -- in Texas
« on: Aug 07, 2007, 11:53:32 AM »
Ex- is CP of 10-YO son. I moved to same neighborhood -- live 3 blocks away. Divorced since '98.

Filed for modification of original custody order 8/05. Settled in mediation 4/06. Mod. orders state (1) child's wishes to see other parent 'will be considered'. (2) parties are ordered to mediate in all future conflicts before court.

OK, since the mod. order was signed off on (6/1/06) these things have happened: (1) son has stated to me that he asks Ex- frequently to see me more & is denied. Son has stated to GAL that Ex- says 'it's not in his (son's) best interests, but won't give a reason why. Son WANTS to spend one wk with me & one with Ex-..... (2) Ex's spouse is bipolar, suffers from diabetes, hypothyroidism, and high blood pressure and takes 13 meds a day (all admitted to me in conversation). Spouse left Ex- over T'giving last year & moved out for 2 weeks. Son & I were both told this wasn't the first time she'd left but 'she'd always come back before' and 'she was having some trouble with depression'. She screams at son & 'cusses him out' -- neither of which he is used to and he's a sensitive child so this bothers him a lot. He has told GAL this also.
(3) most recently I picked up son for summer vacation & he had a healing scratch on his arm that SM had done to him on purpose to 'teach him a lesson'.

Now the ??. My lawyer states we still don't have enough to go back for another mediation/mod. That these things aren't serious enough 'material change in circumstances' to stand up in court. I do have a doctor's report on the scratch & he did take my son's statement of what happened. GAL & my lawyer suggest I just 'wait it out' until son is 12 & can sign the affidavit saying he wants to live with me. I think they're leary of Ex's high dollar bulldog lawyer. WWYD?

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