What to expect?

[poohbear]

Went before the magistrate for sole custody--or in the alternative, true 50% shared parenting. The ex (mother) didn't have an attorney, and did not submit a parenting plan.

The magistrate, after talking to our son and hearing all testimony, made the decision that it would be detrimental to remove him from the mother completely because of his close bond with her, but to leave him in her sole custody would do him harm as well as the environment in their home isn't safe for him. (Abuse inflicted upon our son by his stepbrothers). He recommended that my parenting plan be ordered.

There are 14 days to object to his decision, in writing to the judge.

The ex is planning to object to the parenting plan. She agrees with the magistrates decision of shared parenting, and with the alternating week time share, but doesn't agree with some stipulations in the parenting plan.

 She was served a copy of the parenting plan along with the motion about 6 weeks before our court date. Now that court is over, and the magistrate has issued his decision, the ex is planning on submitting her own parenting plan to the judge with her line-by-line objections to the one that I submitted/the magistrate approved and ordered.

My attorney told me that with objections to the decisions of the magistrate, 99.99% of the time the judge overrules the objections and goes with the magistrate recommendations.

My questions are...

1) Is it likely that the judge will give thought to the ex's parenting plan this late in the game? My hope is that he will overrule her objection and tell her she should have submitted a parenting plan prior to the hearing, not after the decision was handed out.

2) Is it necessary for me to file a rebuttal to her objection? If so, I plan on asking for attorney's fees in the event that her objection is overruled.

[socrateaser]

>My questions are...
>
>1) Is it likely that the judge will give thought to the ex's
>parenting plan this late in the game? My hope is that he will
>overrule her objection and tell her she should have submitted
>a parenting plan prior to the hearing, not after the decision
>was handed out.

Way too speculative for me to conjecture about. Sorry.

>2) Is it necessary for me to file a rebuttal to her objection?
>If so, I plan on asking for attorney's fees in the event that
>her objection is overruled.

Probably yes, because this objection is actually an appeal for affirmative relieve which entitles you to file a response.

I would respond as though the other parent's objections are bordering on, but not quite, frivolous.