Attorney Withdrew

[forthekids24]

Santa Clara County , CA

I have had primary custody of the children since 1995 when BM left.

BM had every other weekend and 2 afternoons / week from 1995 to 2003 when BM moved from the bay area.

BM and I then stipulated to update the parenting plan to give her 1 weekend / month.

Feb 2005 BM moves back to the Bay Area and wants to return to the 1995 schedule (but the 2 afternoons would be overnights).  I did not agree.

BM started court action Apr 2005.  We had a JCC in August and I agreed with BM having every other weekend and one overnight/ week.  BM was still pushing for the EOW and 2 overnights/ week.  Judge ordered us to assessment.

BM dragged the kids in to the assessor in Dec 2005 and made them tell the assessor that they wanted what BM was asking for.

I did not want the kids to be stressed out, so I made the offer in Dec 2005 to BM to give her the schedule she was looking for.  The assessor withdrew from the case in Dec 2005 since all sides communicated that we were coming to an agreement.

BM never responded to the new stipulation that my lawyer drafted and sent over in Dec 2005.  Her attorney expressed frustration at her lack of response.

In between Dec 2005 and Apr 2006 I found out that BM's older (not my) daughter had been sent to a "brat camp".  I began having second thoughts about the offer that had been made in Dec 2005.  My lawyer advised that we should wait to see their response before making any changes to the offer.

Fast forward to today.  I just received notice that BM's attorney has withdrawn from the case.  BM has not said another word about the 2 overnights/ week.

I have the order from Aug 2005 that spells out everything, Visitation and Child Support.  I am happy with things staying the way they are.

1) It is my understanding that she will have to start over again to change things, is this right?

2) If BM decides to push the 2 overnights/ week again can I use the lack of response against her?

3) Can BM use the draft stipulation to show that I was agreeable to the schedule at one point and push to have it ordered?

Thanks for your help
FTK
 

[socrateaser]

>1) It is my understanding that she will have to start over
>again to change things, is this right?

No. But, it appears that her case is pretty weak.

>2) If BM decides to push the 2 overnights/ week again can I
>use the lack of response against her?

At the moment, you made an offer, and you are entitled to a response in a "reasonble" time. Four months isn't reasonble. So, you send a letter to her certified, that you withdraw your offer, and then she'll have to try to negotiate to get something better than what she currently has.

>
>3) Can BM use the draft stipulation to show that I was
>agreeable to the schedule at one point and push to have it
>ordered?

See above.