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Trying to settle for Joint 50/50

Started by mn_dad, Apr 07, 2005, 06:07:33 AM

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mn_dad

Realizing the importance of my child's mother in her life, I tried to settle for joint custody early in the divorce process.  We did a private evaluation because mom felt that she would be awarded full custody.  I was the primary parent up to the point of divorce, so her lawyer dragged it out long enough for her to become an active parent.

Mom has other children, two of which live with their father, this is my first. The custody person felt she has an edge because of her experience, having other kids, but recommended 50/50 because the facts supported it. Mom is now trying to use the "parenting experience" as a reason for her to have full custody and dictate the terms to limit my time with our young child with the hope of finding a way to eventually get full custody if she doesn't get it now. She is threatening going to trial to use the "parenting experience" as a reason to have full custody.  She simply wants to hurt me.

What can I do to help get her to settle for 50/50 and end the games?

gas

Been there (have 50/50 after taking Mom to court to get it)-
Sometimes you simply can't rationalize with an irrational person

Fight fire with fire so next time she will think twice about playing her pathetic games.

1.  Get a very aggressive atty who has experience with the family
     law judge in your area.

2.  Sit in the judge's courtroom to get a feel for his/her decision making
     process, then structure your case/strategy accordingly.

3.  Request Mom pays all of your atty fees when you respond to her filing

4.  YOU file for full custody

5.  The eventual court decision is a no=brainer:  remain 50/50 but hopefully Mom now understands if she wants to play court games in the future,  it won't be an enjoyable experience.

Lawmoe

You can lead a horse to water but you can't make it drink. That is true of settlement as well.

Your best bet is to also seek sole physical custody based on the intractability of the other parent and her failure to support your parenting time. That raises the stakes tto the point where she could lose custody. With that threat out there, she may wish to settle. A strong offense is an awfully great motivator. Build a strong case.