DH petitioned for right of primary residence, of his child [14], back in January..per his child's request & in DH's consideration of child's best interest. He received temp orders giving him this.
Final hearing was set for this past May. 3 days prior to hearing (on mom's bday), child signed preference to live w/mom. Mom requested Judge meet w/child in chambers. At hearing, Judge met w/ child for 1 hour. Judge ordered no changes..father keeps right of primary residence.
So, DH still has the temp order from January.
2 weeks after hearing, mom had attorney send settlement offer.. mom primary, DH standard visits, no cs, she pay health insurance. DH replied that its only been 2 wks since Judges orders for no changes..so no. Also, that he wouldn't agree to standard visits (as he had more than standard prior) or to not pay cs.
Now we receive CO's for DH to review, sign, and return to her attorney. DH is not agreeable to these
CO's. The footnote (bottom of co pages) state mom's name. DH sent mom email stating he can't agree to stuff in the co & they never came to agreements before CO was drawn up. Mom will not reply even though DH wrote that he will work w/her toward agreed terms.
1. Should these CO's list dH as Petitioner?
2. Should they list mom as person w/ exclusive right to designate primary residence & therefore the right to consent to Mod by her signature?
3. If she takes us back to court can we have her pay our costs & fee's?
4. Would the Judge be understanding of DH not agreeing to the following:
Mod would give mom no geographic restriction, no cs for child..would make DH's health insurance secondary (hers is new, cheap, and inadequate) & there are some things DH would like to request if he gives up/loses primary.
Our attorney said retainer we paid would cover all thru final hearing. 2 days after hearing in May we received new bill & it's adding up each time her attorney sends something. We're broke
Final hearing was set for this past May. 3 days prior to hearing (on mom's bday), child signed preference to live w/mom. Mom requested Judge meet w/child in chambers. At hearing, Judge met w/ child for 1 hour. Judge ordered no changes..father keeps right of primary residence.
So, DH still has the temp order from January.
2 weeks after hearing, mom had attorney send settlement offer.. mom primary, DH standard visits, no cs, she pay health insurance. DH replied that its only been 2 wks since Judges orders for no changes..so no. Also, that he wouldn't agree to standard visits (as he had more than standard prior) or to not pay cs.
Now we receive CO's for DH to review, sign, and return to her attorney. DH is not agreeable to these
CO's. The footnote (bottom of co pages) state mom's name. DH sent mom email stating he can't agree to stuff in the co & they never came to agreements before CO was drawn up. Mom will not reply even though DH wrote that he will work w/her toward agreed terms.
1. Should these CO's list dH as Petitioner?
2. Should they list mom as person w/ exclusive right to designate primary residence & therefore the right to consent to Mod by her signature?
3. If she takes us back to court can we have her pay our costs & fee's?
4. Would the Judge be understanding of DH not agreeing to the following:
Mod would give mom no geographic restriction, no cs for child..would make DH's health insurance secondary (hers is new, cheap, and inadequate) & there are some things DH would like to request if he gives up/loses primary.
Our attorney said retainer we paid would cover all thru final hearing. 2 days after hearing in May we received new bill & it's adding up each time her attorney sends something. We're broke