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Ex insisting on a custody trial again

Started by CuriousMom, Aug 17, 2009, 07:12:06 AM

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CuriousMom

Has anyone (and I'm sure someone out there has :-) ) had the issue of the other parent parent insisting on a custody trial?  We already had our pre-trial conference back in June '09, while his attorney insisted it go to trial, the judge got quite angry with her since he had already told us that wasn't going to happen almost as soon as we sat down.

A week ago I received another request that he is demanding a custody trial and we are scheduled for another pre-trial conference in 2 weeks.  None of our circumstances have changed and the final order has only been in place for a little over 2 months.

Also, would it be worth while that if it does go to trial I request that my ex be responsible for my costs (since he keeps insisting this trial takes place)?  I'm thinking the worst the judge can say is no.

Thanks :-)

Momfortwo

Is he appealing the final order?  If so, you aren't going to get legal fees.  If he's not, then definitely ask that he pays your legal fees. 

Assuming that there have been no significant change of circumstances (and given that it's only been 2 months, that is highly doubtful), he has no basis for a custody trial.  Or even a modification.

Davy

I don't know about this.  Legal counsel could very well perfect an appeal (in many cases) to an appelate court for the court being bias and prejudice against a parent and children.  One would think demanding a trial that was denied would be relevant for the basis of the appeal.  It will depend on the statues in that particular state and other facts in the case prior to the decision.

My legal counsel (and I) short-cut the appeal process (time and cost) via the recusal proceedure.  Perhaps the judge in this matter is known for rulings based on status quo.  We just don't know !   

CuriousMom

#3
Yes, it would be an appeal to the final order that was ordered on 6/1/2009.  The judge slightly modified the temporary order and made it the final order.  Every time the wind blows a direction my ex doesn't like he drags us back into court or our attorney's do the letter game.  No need to go into details but my ex has also neglected my infants needs while in his care which is the main reason he was not awarded more custody.  My ex is also a very vindictive person when things don't go exactly his way.  For someone who is unemployed, he sure has enough money to spend in the court systems.

Davy - I don't know our judge's basis for decisions and if he follows the status quo.  I thought he was pretty fair and listened to both sides prior to making his decision.  He said he doesn't even award 50/50, which is what my ex wants (well actually his latest g/f is the one pushing it or it wouldn't be an issue) until chidren are at least 2 years of age. 

MomofTwo

You need to check your states statutes for appeals...how many days from an order he has to file an appeal to that order?  In FL for example, it is only 20 days from the time the order has been signed.  If he is out of the time frame,  he can't appeal it.  If he is asking for another review, there would need to be a change in circumstance, which there not be any such a short time duration.  Regardless, you are incuring legal fees to deal with this, always ask for attorneys fees to be awarded to you.  You won't get it if it is not asked for.

CuriousMom

Thanks MomofTwo    - will do some more research on our statutes.

Davy

I'm not advocating particularly for the father.  It is just that the legal counsel will know the appeal time limits and it's only a minute issue of this post.  "Change of circumstance" certainly is NOT the only basis for an appeal.  Just from what has been posted ... a jurist is suppose to make decisions based on the merits of a case. It seems to me the decision would very much be appealable if 50/50 is allowed by statue, a party requested 50/50, and the judge made a statement that " he doesn't even award 50/50 " .  There could well be other appealable issues.  Just because a mom won AGAIN (and again and again) doesn't mean the father should agree with what he may perceive as a bias decision.   

CuriousMom

Our judge does award 50/50 but not until they are older, 2+ years (my son is 8 months old).  This last order to go back to court is in retaliation because he wants his child support reduced.  The CS hearing was 2 days before the request for another trial was sent.  Our CS conference officer found no basis for a reduction. 

Keeping in mind, he is also the one who demanded we go thru Domestics, not me.  Just one recent example of what he constantly bickers over - he wanted to put his $98 medical responsibility (per Domestics Policies & Procedures) in his arrears - but yet can keep paying his attorney.....and vacationing on a regular basis while not working.

My son is just a financial burden to him, he has no interest in being a parent.  It just gets old. 

redbabyblue70

"Keeping in mind, he is also the one who demanded we go thru Domestics"

Honestly, it is in both your best interests that CS comes from DR.  This way, you will receive payment (as long as he is working) since DR will take it directly from his paycheck and it is traceable.  I believe you said he is currently unemployed though.  He still has to report the unemployment income and I wouldn't be surprised if the state automaticly pulled it out as well and forwarded it to DR. 

I can only speak from my own parents divorce/CS issues and my fiance's custody issues.  Most times in PA the CO is established by the conference with the mediator.  Honestly, I thought my fiance was going to have to go to trial, because a third party is involved in his custody (long story).  In your case, I have no idea what he hopes to accomplish by going to trial.  Since your order is so new, there can't really be a change in circumstance.

I don't know about you, but I was reading PA's statues last night and getting a headache.  Not sure if you came across it in your research but I am looking for anything regarding Children and Youth in the statues and was not able to locate anything.  I did find a wonderful website that helped generate the necessary forms for modification of custody and contempt, palawhelp.  Have you looked at this site at all?

I totally understand your feeling of it getting old.  I know all you want is what is best for your son.  I know you feel your ex does not.  I had to calm my fiance down on Monday and question if what he wanted to do was in the best interest of his children.  My statement brought him back to his senses.  It's hard when you are trying to deal with your own feelings about your former mate along with doing what is best for your children.

Best of luck to you.

CuriousMom

Hi red -

Thanks for the site, it is one that I have not come across.  I've actually been letting my attorney do all the work since I had no experience with it.  And at the time it started, I had no time to really spend while having a newborn.  I haven't found a whole bunch of information in regards to PA let alone my county, mainly other states. 

I have not run into anything regarding our statutes and CPS.  It is my understanding that they are a 3rd party created for child protection and they don't fall under the actual custody statutes.

His UE wages are garnished for his CS so that's a good thing, or it would be a fight to get a dollar from him for anything.  Hoping he gets a job soon to occupy his spare time.

It's a shame you are facing so much in your situation.  I haven't any CPS issues yet but I wouldn't put it past him anymore.

This has been a great sight (at least for me) for insight, support and facts whether I like them or not.