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Author Topic: evicted  (Read 1165 times)

mango

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evicted
« on: Oct 11, 2005, 09:09:42 AM »
Hi Soc,

SD is 11. Shared parenting plan 50/50. BM residential.

BM has been proven unstable over the years, but BF allowed BM school district at last custody battle to avoid lengthy court battle.

BM is now filing for sole custody for reasons of "childs wishes" etc.

We are pro se. Did not counter file for custody, because we just want to keep what we have. 50/50.

So far the court ordered counseling with suspicions of PAS towards BF.

BM is unemployed, and financially supported by her mother, she is a perpetual student to keep her student loans in deferrment. She is 40.

She is now a Graduate Teaching Associate as part of her Masters degree which earns her very little money, but some. (not enought ot live on) It's called a stipened, of a max $1000 per month. Her rent was $775 alone.

BM has not had a good track record to staying in one location, lot's of moves, states, and countries. etc...

We just saw an eviction notice on her old apartment door, and we found out she was evicted from the apartment for not paying rent. But she did find another one. (no clue who would rent to her without a job, and being evicted...but...)

Meanwhile, BF very stable, works, owns home, etc. (has provided health insurance for child entire time)

My questions:
1.) Is any of this relevant to the court that BM has no ability to provide? Over 10 years in school, lot's of degrees, but no work experience.

2.) Would we have a valid case to go for primary custody based on her unemployment record, and support by her mother, and eviction from her apartment? I mean "someone" is providing a roof, but it's not her....




socrateaser

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RE: evicted
« Reply #1 on: Oct 11, 2005, 02:02:07 PM »
>My questions:
>1.) Is any of this relevant to the court that BM has no
>ability to provide? Over 10 years in school, lot's of degrees,
>but no work experience.

Question is why the child wants to change the living arrangement, and if the court agrees that this is clear and convincing evidence of a change in circumstances, then the next question is why is this in the child's best interests? At that point you could bring evidence that the other parent is a poor good role model, in her life management.

>
>2.) Would we have a valid case to go for primary custody based
>on her unemployment record, and support by her mother, and
>eviction from her apartment? I mean "someone" is providing a
>roof, but it's not her....

Maybe, but it depends on how it all looks when you lay it out for the court.

 

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