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We won!

Started by Mamacass, Sep 13, 2006, 06:50:04 PM

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Mamacass

Hey guys, we had court today for custody and to keep BM from relocating, and we won!  I still can't believe it.  DH didn't even get a chance to testify.  After hearing from BM, the judge said she had heard enough and was awarding custody to DH.  The visitation schedule the judge set up gives BM about 6 wks out of the whole year.  In fact, according to the schedule, BM wouldn't see him again until Christmas.  Of course, we plan to let her see him sooner than that, because I can't imagine keeping SS away from his mom that long.  
I think she'll probably appeal, but we didn't even present half of our case, so I don't think she'll have much of a chance.  I couldn't stay in the courtroom exept for when I testified, but DH said BM was surprised that we knew as much about her past and trouble she's been in.  And we also learned a few new things about her.  She seemed to think she was going to go in there and lie about how we treat SS and win the case. Thank goodness the judge saw right through her.  Of course, her attitude with our attorney probably didn't help.  DH said the judge told her at one point not to speak to our attorney that way.  
Now our biggest worry is SS.  We never told him about court, but this weekend when he was with us he told us that he knew we were taking his mom to court to try to take him away from her.  (I'm not sure if she told him this, or if he over heard it, but honestly, I wouldn't put it past her.  She's told him some crazy things in the past.)   We're just praying that she doesn't make this harder for him than it needs to be.  Living here won't be a big adjustment, we had him most weekends, and sometimes during the week during the school year, and 2 months during the summer.  But he already started school with her, and since we weren't sure how court would turn out I don't think he's fully prepared for living with us full time.  We told him it was a possiblity when she first brought up that she was thinking about moving.  But we haven't pushed the issue since then, because we thought it was better for him to know as little about court as possible.  So hopefully the adjustment will go smoothly and we're gonna try to make it as easy as possible for him.  
good luck to those who are still fighting for custody, keep fighting for what's best for your kids.  It always gave me hope to read posts about others winning, and everyone on here has been so supportive the few times I've posted.  Keep hoping and trying, I'm so glad we did.  You are all in my thoughts and prayers.  

gipsy

In My case the judge saw through the mother also , I did not get custody . but the mother was told By the judge
    " If this comes back to me we'll see who gets atty fee's " Meaning She was asking for them and the Judge was replying to her request .
   And the judge Said " She thought my end of the ordeal was a reaction "
     
   My Atty and many people tell me the judge usually gets the picture by trial "
     Have a Happy Day'
 But I will warn I have a Friend " Dad " That won And the mother pulled some real BS When this happened , So I strongly recomend that you Bring a video Camera and a Witness To the pick up of the child " Or get it To be at the police station " Something ,

Kent

Congratulations!

I believe he will do just fine. Just give him a little time to adjust.

Kent!

Mamacass

We plan on bringing a witness, and we'll have the sheriff's # on speed dial in case she pulls anything.  We asked to pick him up from her home (4 hrs away), but she said he wouldn't be there because a family member is driving him back to the area.  So hopefully everything will go smoothly, but we're prepared in case it doesn't.  She also tried to tell us we couldn't pick him up at the time we requested, and DH advised her that the courts said the transfer of custody was to take place immediately.  At first she tried to be difficult and told DH that he could pick up child at 4 instead of 2 and if he didn't like it to take her back to court and throw her in jail.  But she seemed to calm down by the end of the call, and we're hoping she won't cause any trouble.  
As far as SS switching schools, we've requested that he be place in the same class as my niece (who he is very close to).  I think that will make the transition easier for him to walk into class tomorrow and already know someone.  The school is aware of the situation, and I'm pretty sure their going to do as much as they can to make the adjustment easier.  
We just can't wait until he gets here.  I keep re-reading the custody order.  I woke up in the middle of the night and had to check to make sure it really was Thursday.  I was afraid I that maybe everything was a dream, it just seems so surreal.  I don't think we'll be able to relax until he's here, home with us.  

dipper

That is great news!!  I am happy for you all. Do keep what gipsy said in mind...after all, bm has nothing else to lose now.  I had this big vision of life changing once we gained custody, but if anything bm only got worse for a couple of months.  she is still trying to control everything....even got a letter today telling us...I WILL this and I WILL that.  Stupid thing is there was nothing to fuss about and we have no problem with what she was saying.  She is just scared we will at some point treat her as she treated us for those years.....

Children adjust easier than adults and since your ss already has someone he knows in school, he will probably be fine.  

Best wishes.....

KathyNY

Congratulations Mamacass.  I wish our situation has turned out the same way, and our judge saw through BM's bull too, but it didn't, and my skids have been gone for 2 weeks now.  We missed SS's first day of school, and he wouldn't even have had to change schools had we gotten custody.  Now we're the ones who only get the 10 weeks of visitation a year, and are subjected to getting fundraiser mailings and finding out SD is being enrolled in PreK, after the fact.  But atleast no one else is suffering like us.  I'm happy for you.