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Author Topic: The beat goes on and on....long  (Read 1296 times)

mango

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The beat goes on and on....long
« on: Apr 18, 2006, 03:11:38 PM »
Shared parenting order, ohio. 50/50 plan. BM school. Child now 12 -1/2.
3rd shared parenting plan, thick file at court, many rounds of custody.

BM filed for sole custody Feb 05, used a swim club as a way into court, and said father was uncooperative with taking child to swimming club. When in reality the parenting plan states parents must agree on all activities and he did not agree with this one. She already filed contempt prior, and lost, and then 2 months later filed for sole custody to terminate his rights.

BM also stated that it was the childs wishes to live with her and not see the BF anymore.

Requested a GAL be appointed to the case to research it.

Seeing that we have been through court 3 previous times and always resulted in shared parenting, BF did not counterfile, instead maintained position that he wanted to keep the same 50/50 parenting plan with no changes. But he stated that he feels BM wants sole for the purpose of eliminating his rights and that BM desired to move away, since she has a track record of moving every couple years (out of state). The current order states if another move from BM and BF gets custody. So if BM does away with current order, the statement goes away too, and she is free to move.

BF requested counseling stated BM is brainwashing his daughter. Got court order for it because BM refused to cooperate. Counselor revealed privately to us that child is PAS'd, and BF should have sole custody because the mental health of the child is at stake. (This would mean a school district change) But because BM will not sign patient doctor release, counselor can not testify in court.

Now, a year and a half later, the BF has been taking daughter to swim club during pending trial, to show "cooperation", but still not in favor of it (various reasons).

The GAL sees that the BM is the one that is completely uncooperative, and mentally manipulating the child, and likely has mental issues. The BM's case is looking grim. BM refused to pay the GAL her fees. GAL put her in contempt, or a dismissal was in order.

BM stated she wants a new GAL on case. GAL told us it's very hard to get a new GAL. However, if BM gets case dismissed she can re-file with the court and they will get her a new GAL. - Smart.

Case is now in the process of getting dismissed, as fees were not paid by BM.

GAL suggested to our attorney BF should file NOW for sole custody before she is forced to withdraw from the case. If quick she will still be permitted to stay on case, and she will support BF motion for sole. But we are looking at needing psych evals done. Those are costly and usually weak. (been there, done that)

We do not know what the best thing to do is, and do not have the money to keep this going for 5-1/2 more years. But if we go for sole maybe we can end this constant court stuff. But even then BM can keep filing.....

My Q?

1.) If BM files again, can she file on same grounds, even though it was dismissed? Or will she need new grounds?
2.) Can we still request the same GAL if BM refiles? Even if she refuses her?
3.) Can we file a civil lawsuit against the BM for financial burden to our family? Is there such a thing?
4.) I know you don't read tea leaves, but if the GAL in BF's favor for sole, realistically, what chance is there that the court will actually agree with GAL? It's still up to the legal system and a major "change in circumstances" which really there is none other then they can't seem to co-parent and it's obvious to us now that BM is mental. But the court may not see that as a big enough deal to change custody and her school.
5.) Is there a way to shut down all the motions, and leave it alone?


socrateaser

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RE: The beat goes on and on....long
« Reply #1 on: Apr 18, 2006, 03:58:31 PM »
>My Q?
>
>1.) If BM files again, can she file on same grounds, even
>though it was dismissed? Or will she need new grounds?

You should object to the dismissal on grounds that the other parent is attempting to withdraw the case for the sole purpose of obtaining a new GAL and to quash the existing GAL's testimony which is unfavorable you her cause.

Simultaneously, you should move for sole custody.

>2.) Can we still request the same GAL if BM refiles? Even if
>she refuses her?

Your attorney should be able to avoid this outcome, by doing what I propose in #1 above.


>3.) Can we file a civil lawsuit against the BM for financial
>burden to our family? Is there such a thing?

No, but there is an action for abuse of legal process, which is exactly what is occuring at the moment. However, such a suit is made impossible if the other parent gets a dismissal so don't let her.

>4.) I know you don't read tea leaves, but if the GAL in BF's
>favor for sole, realistically, what chance is there that the
>court will actually agree with GAL?

99.99%

>It's still up to the legal system and a major "change in circumstances" >which really there is none other then they can't seem to co-parent and it's
>obvious to us now that BM is mental. But the court may not see
>that as a big enough deal to change custody and her school.

If you're gonna practice law and answer your own questions, then why bother asking me.

>5.) Is there a way to shut down all the motions, and leave it
>alone?

See #1.

 

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