Biomom has filed for sole custody - advice?

[DecentDad]

Soc,

Biomom just filed to modify custody so that she would have sole/sole and reasonable visitation to me.

For reasons unknown to me, it was filed in a new department before a new judge, not the one we've had for 1.5 years.

In 2003 and 2004, we had a 7-month 730 with a clinical psychologist.

He ultimately recommended joint/joint with a step-up to 50/50 in 2006.  My wife and I came out normal on psych testing, and biomom came out abnormally high on the "paranoid" scale of MMPI-2.  He also described that biomom has difficulties owning responsibility for her role in conflicts, that she has difficulties carrying out planning and organization for life events.

We signed settlement at time of trial in May 2004.  Judgment was entered Oct 2004, final per Montenegro.  Timeshare is currently 35/65.  Judge was asked to rule on custody, and he ruled joint/joint.

At no place in her paperwork does she address a change of circumstance.

Her reasons are the on-going conflict, that "she feels paralyzed at times" because of her anxiety knowing that whatever she says, she knows I'll oppose it.

She claims that I once read daughter a book called BUGS (a critically reviewed preschool favorite) that she thought was inappropriate.

She notes that when she recently refused to release daughter at an exchange, I made a police report.

She includes pages of assumptions about what happens in my home, no evidence.

She notes that I failed to notify her whether or not our daughter was sick one Sunday during my custodial time.

She claims that daughter repeatedly loses consciousness in my care.  No evidence.  Weird.

She wants to eliminate my overnights.  She claims daughter is anxiety-ridden due to spending time in my care.

My note:  she hasn't taken child to the child therapist since Aug 2004.

Her entire case is built upon speculation and hearsay.

The 730 evaluation is sealed, but she quotes directly from it in her declaration, taking some things out of context.

She provides no points and authorities.

95% of her testimony is related to events prior to final judgment, and nearly all of them are inaccurate.


1.  How dangerous is it if I continue to represent myself?

2.  What sort of defense do I need?  I can get witnessess to testify to my parenting skills, daughter's comfort with me, etc.

3.  How do I find out why my case has been moved?  The existing judge was hearing boatloads about her lack of cooperation, and I'll have to start all over again.

4.  Recall that we were recently ordered to Parenting Without Conflict.  Her OSC is for a date of the same week that course begins!  Any relevance?

Thanks,
DD

[socrateaser]

>1.  How dangerous is it if I continue to represent myself?

I don't know. Scan her OSC and email it to me: [email protected]

>
>2.  What sort of defense do I need?  I can get witnessess to
>testify to my parenting skills, daughter's comfort with me,
>etc.

I need to read the OSC. From what you've posted, her allegations don't come close to a substantial change in circumstances. But, you are a little obsessed about this whole custody deal, ya know, and that website of yours could be used as evidence to try to suggest that you are routinely acting to frustrate any cooperation between the parents.

I'm just musing about all this, right now. I need to read the OSC. She certainly isn't short on money for attorney fees, that's for sure.

>
>3.  How do I find out why my case has been moved?  The
>existing judge was hearing boatloads about her lack of
>cooperation, and I'll have to start all over again.

I assume that this is the first, post-judgment action. The court may randomly pick a new judge after judgment, so this may be routine. But, you can move to have it returned to the prior judge on grounds that it is both judicially inefficient as well as unnecessarily expensive for a new judge to become familiar with the case, and that absent some allegation of bias or conflict, that the original judge should be assigned.

You can also file a peremptory recusal (you get one for each case), so you may want to go visit the judge's courtroom and check him/her out to see if this judge may be better/worse than the previous.

>4.  Recall that we were recently ordered to Parenting Without
>Conflict.  Her OSC is for a date of the same week that course
>begins!  Any relevance?

You could use it to suggest to the court the she is mentally ill and the court should order her evaluated.

I would also consider alleging that she is a vexatious litigant and that her attorney is bringing a frivilous case to court.

[DecentDad]

Thanks, I'll scan the 10-page declaration tonight and send it.

1.  Regarding my website, have you checked it out at all (i.e., it's not the typical "waaa waaa I have no rights" website)?  It emphasizes the importance of two parents, encourages parents to always look at kids' best interest, pushes settlement and mediation when possible.  Plus, my last name ain't associated with it anywhere, including the domain registration.  Some would say family law attorneys are obsessed with custody matters... where a shared goal may be just trying to help people (i.e., men and women alike).

2.  On the OSC form, they marked "Modify Existing Order" from Aug 2002 for visitation and custody.  But we had a judgment entered (with Notice of Judgment) in Oct 2004.  Weird.  Easy to move for dismissal?

Will send the rest after kid's bedtime tonight.

Thanks much.

DD

[socrateaser]

>2.  On the OSC form, they marked "Modify Existing Order" from
>Aug 2002 for visitation and custody.  But we had a judgment
>entered (with Notice of Judgment) in Oct 2004.  Weird.  Easy
>to move for dismissal?

Not easy. Courts are to ignore technical errors in favor of doing substantial justice. This is merely a technicality that I would respond to with a, "The form requests modifcation of a temporary order entered 8/??/2002, however, as a judgment containing permanent custody orders was entered 10/??/04, I assume that Petitioner has made an inadvertant error, and I will respond as if the custody orders from the court judgment are at issue in the instant matter."

Or somethin' like dat.

[DecentDad]

thanks

[DecentDad]

Thank you

[DecentDad]

Hi,

Judge ordered us to the parenting without conflict class, which runs for six weeks beginning mid-Aug.

OSC hearing is 7 weeks from today.

1.  Is it reasonable to request a continuance until both parties have completed that class?

2.  You read Petitioner's declaration, replete with hearsay and conclusions.  Reasonable to propound request for admissions and/or special interrogatories to demonstrate she had little foundation for her declaration?  E.g., Admit/Deny on the most recent claim that daughter went unconscious "Petitioner was not present in Respondent's home on June 9" and "Petitioner did not take daughter to doctor on June 9".  And, list all mental health experts who have examined daughter in 2005 and diagnosed that daughter is anxiety ridden due to overnights with me (as she's required to inform me of appointments, I don't believe there have been any).

Thanks,
DD

[socrateaser]

>Hi,
>
>Judge ordered us to the parenting without conflict class,
>which runs for six weeks beginning mid-Aug.
>
>OSC hearing is 7 weeks from today.

You are ordered to mediation seven weeks from today. There will likely be no hearing before a judge on that date, just a mediation before a social worker. This is your opportunity to have an objective court officer see through the bullshit and report it to the judge.

>1.  Is it reasonable to request a continuance until both
>parties have completed that class?

Sure, but I wouldn't, because your ex is gonna think that she's immune, when in reality she's still ordered to take the class. This will be an opportunity for a clear and convincing contempt order.

>2.  You read Petitioner's declaration, replete with hearsay
>and conclusions.  Reasonable to propound request for
>admissions and/or special interrogatories to demonstrate she
>had little foundation for her declaration?  E.g., Admit/Deny
>on the most recent claim that daughter went unconscious
>"Petitioner was not present in Respondent's home on June 9"
>and "Petitioner did not take daughter to doctor on June 9".
>And, list all mental health experts who have examined daughter
>in 2005 and diagnosed that daughter is anxiety ridden due to
>overnights with me (as she's required to inform me of
>appointments, I don't believe there have been any).

No reason to propound admissions, because those are for trial, not for a preliminary hearing, and your opponent can avoid answering for a very long time, so this will get you nowhere at the moment. Save your ammo.

You want the evaluator's report unsealed and admitted into the record, so as to demonstrate to the court how ridiculous this entire action is. Also, you want an answer as to how Petitioner has a "perfect" memory as to the contents of a report of which she cannot lawfully have made a copy, under penalty of committing a felony.

PS. Let it go for a few days and enjoy the holiday.