custody questions

[krazyfamily_6]

Dear Socrateaser,

We live in Ohio.

Thank you for advice in my earlier post.

My son came to live with me in June 2006 under an agreed entry betweeen BM and myself.  BM revoked her signature on this entry and the judge set the case for hearing in January 2007 but has been now continued until March 2007.  The judge gave me temporary custody in October 2006.  BM was granted visitation rights under our local rule 19.

BM wanted to settle this case out of court and offered to leave me the custodial parent providing that she gets 3 weekends a month in parenting time, pays no child support and claims our son on her income tax return every other year.  I agreed to all except that she would be responsible for child support.   Now she doesn't want to settle, she wants to go to  court.  

She was also ordered supervised visitation with our son.  She was served right after Christmas.  She has not made any efforts so far to set up any visitation.  

When we go to court in March, my son will have lived with me for 9 months.  He is 11 and has no desire to move back in with his mother.  

1.  What are the chances of custody given back to BM?

2.  Will the judge take my son's wishes into consideration?

3.  Will the judge take into consideration that BM and I had an agreement ready to submit but she changed her mind because she didn't want to pay child support?

Thank you!

[socrateaser]

>1.  What are the chances of custody given back to BM?

If the child's school and medical records show that he is doing well in the new environment, the court will not disturb the status quo.
>
>2.  Will the judge take my son's wishes into consideration?

Probably not. Too young to be free from parental manipulation.

>
>3.  Will the judge take into consideration that BM and I had
>an agreement ready to submit but she changed her mind because
>she didn't want to pay child support?

Nope. Negotiations in contemplation of settling a legal action are inadmissible to prove liability. Here, although you are not trying to prove any liability, you are attempting to prove bad faith, which is effectively an attempt to make the other parent liable for not agreeing.

Thus, the agreement will be held inadmissible (assuming that there's an attorney to object, because it's damn certain that your ex won't know that the agreement isn't admissible, and all evidence is admissible unless timely objected to).