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If your current attorney knows that the eX will be trying for a continuance to allow the child to start Kindergarten so eX will have a better chance for Custody.

Then your attorney should have a plain of action laid out.

If your attorney does not have a plain laid out on how to counter this action – GET A NEW attorney!!!

One thing I have learned dealing with attorneys if they can not spell out a plain of action then they are going to "Wing It".

The lawyer will walk into court that day.  Look at your file and make a decision at that point on how to proceed.  Start interviewing new attorneys and find out how they would deal with this situation.

Other than looking for a new attorney I do NOT have any ideas on how to deal with a situation of this nature.  

From what I have read over the years my best guess is – "it depends on the judge attitude for the day".  And the judge will normally side with current status.  That means that the judge will grant the continuance.  You will need to find out what it takes to stop the judge from granting a continuance for mom.

Remember since the child is not in danger the judge will probability let the case "slide" (grant the continuance).

Try over at:
Minnesota Divorce visit Http://www.divorceprofessionals.com
Divorce Answers visit http://www.divorceinstitute.com

And ask Maury your question.  He might shed some light on your situation.

Maury is a attorney out of Minnesota and is one of the rare lawyers who "thinks outside the box".  If Maury was in my area I would hire him in a second.


My $.02 cents.

You are doing better with one hand than I do with two.  

Nice progress.  Bet you feel better despite the shoulder. :-)

That is a huge question.

You must have a lawyer.

First you must be documenting.

Has anything been filed with the court?  If not filing first in your home state will give you a big advantage.

The courts do NOT like to change the status Quo, plus you are a man. So getting Sole Physical Custody is not likely.  But I would offer the court a Step-up parenting plain which gives you 50/50 (shared) custody.

The courts will look at the fact that mom has been the primary care giver and will continue with the status quo.

If you are thinking that the court will award you Sole Custody you would need a stack of proof as high as the empire state building.  The courts almost never remove custody from a mother.  Let me put it to you this way, if mom was a crack head, on welfare, and was in jail, you would have a 50/50 shot at Sole Custody.

To get back into court you need substantial change in circumstance.

In OHIO that change must be with the CP or the child.  You can NOT go back into court by saying "a child needs a father and every other weekend is not enough for the child.  Two parents are necessary to raise a child and both parents need equal time with the child."

Start with reading SPARC Custody FAQ
http://www.deltabravo.net/faq/custfaq.htm


I hope this helps

What a story.  Your children are lucky that you are stable and a good dad.  

It is unfortunate that our legal system is broken.  If the roles were reversed and mom was stable and dad was mentally ill your case would be much different.  Dad wouldn't have a chance in hell.

Hug your children everyday, I'm sure both of you need it. :-)

My brother has 50/50 physical and legal custody of his 3 children.

He pays the eX $1,200 a month.  Plus he buys all the cloths, school supplies and all extra activities the children do.

Actually he has the children more than 50% of the time.  

The system is broken and must be fixed.  As Bob Geldof from F4J says "Weapons of mass destruction, that's our family court system".

WOW

Your post is so..... so ............. Calm and factual.  

That to me is amazing!!  If I was in your shoes going through that three ring circus, my synopsis would have had the qualities of a Raging, Lunatic.


So tell me your secret.  How do you remain relaxed and composed during this ordeal?

:-)
LOL
Didn't Hoss carry a gun and ride a horse?

Well damn-nabit then, I say shoot and ask questions latter.  You know,,, ride off into the sunset and stuff.

No need for judges and lawyers when you got a 6 shooter.

And remember a bullet only costs around $.20 cents.  Lawyers cost way more.

:-)

I read it.

First thanks for sharing you conversation with your eX.  That's a wing-dinger of a conversation.

My opinion from this conversation is.....................

Neither is right or wrong.  Nevertheless in this one conversation, NOT knowing the past:

I vote for - - - Pat: Child staying with him/her until Monday at 6:00 pm.

LOL
I hope I choose the right person, I wouldn't want my house egged. lol :-)


The conversation was tense from the start.  It got worse when Pat said "As for using my weekly phone call with Child for your needs, please refrain from doing so."  At this point the conversation went down hill.  Like a rock off a cliff.

I think if Pat would have stayed Focused on the issue of Child staying Monday until 6:00 I think the conversation would have gone better.

Why did I pick pat?  He/she is having the same problems as me and I am sympathetic to that side.

Some things pat said hits home:

1.You allow such a brief time for communication between me and Child, I would prefer that that time not be spent on anything else. You and I can communicate any other time.

2.I have never requested details about your activities before agreeing to your requests, and I would appreciate the same in return from you.

3. I have also agreed to every request you have made of me to change scheduling for your benefit.

4. It is OK with you if we arrange your schedule changes between the two of us? And if I only want to change the schedule by a couple of hours, that's OK too? Please clarify.

5. We simply have opposite viewpoints here.

[SPARC Custody FAQ]

From this site.  There is much more.  This is a good place to start.

Under "SPARC FAQ Center"

SPARC Custody FAQ
http://www.deltabravo.net/faq/custfaq.htm




Under "Articles Archive"

Tips for Parents Seeking Custody
http://www.deltabravo.net/custody/tipsforcustody.htm

Dealing With A Child Who Wants To Change Residency
http://www.deltabravo.net/custody/residence.htm