New "twist" added to old problem.

[tiredofhergames]

Dear Socrateaser,

All parties concerned are in Texas.

I wrote to you in November concerning a Motion for Enforcement of Possession of or Access concerning my son. The link to that is here:

http://deltabravo.net/dc/dcboard.php?az=show_topic&forum=106&topic_id=12383&mode=full&page=4

I took your advice, and now have an attorney handling bringing the motion before a judge. The court date is set for January 10.

However, this morning, I received a summons to appear in court on January 10, this time for a modification of the original decree and parenting plan.

X is now claiming that I am "violent" - there was a fight in March of this year with my new wife, my son saw it. I voluntarily asked to be placed in Anger Management. I completed and passed the class, and since then, my new wife has also taken the course.

The new petition that I received this morning is rather lengthy - 25 plus pages. If needed, I can send it all to you.

To summarize it: X is claiming that due to this fight, my home and I are not a "good" enviroment for my son. X has requested that I only have supervised visits, with them being held in front of Family Protective officers.

I talked to my lawyer, and he says that it is a different case, and as such, he can not advise me at this time on it.

Questions:

1. Doesn't it show that X is being vindictive or retaliating for my motion by waiting until now - 9 months later - to file this?

2. Is it normal course for a lawyer to first claim as a defense against my motion that I voluntarily gave up my rights to possession, then file a modification to have the court deny my rights to possession?

3. Do you have any advice for me? The court dates are the same day, the same time, the same judge, what can I do?

[socrateaser]

>Questions:
>
>1. Doesn't it show that X is being vindictive or retaliating
>for my motion by waiting until now - 9 months later - to file
>this?

The fact that she has waited so long certainly suggests that the case is filed for a purpose different than that which is likely alleged.

>
>2. Is it normal course for a lawyer to first claim as a
>defense against my motion that I voluntarily gave up my rights
>to possession, then file a modification to have the court deny
>my rights to possession?

No, it indicates a busy lawyer who's not really thinking about how things will look as much as thinking about how much can be billed to an angry parent.

>
>3. Do you have any advice for me? The court dates are the same
>day, the same time, the same judge, what can I do?

This is an attempt to get you to drop your action in return for your ex dropping hers. If your facts are as stated, and you have resolved your anger issues to the satisfaction of a therapist, then I suggest that you bring the results of that class into court, assert that the other parent is engaged in a malicious prosecution, and that her claims have no merit.