Custody Battle

[dipper]

We have primary custody of gd as of January.  GAL and judge cited multiple issues with bm.  No one thought any change was possible.  Then she got a new boyfriend.  Someone has her under control and giving her the words to say.  She suddenly is not ill, not staying in ERs, not talking gangsta or flipping out. 


She has filed for sole legal and physical custody.  She is taking coparenting courses and now invited us to join her.  That class is court ordered.  I took mine last year and that helped us in court .


Two days before gd began prek, bm told her that she was coming to live with her and bf..  Gd is acting up in school.  Bm blames us saying it's a lack of household rules.


I really don't know how to fight this battle.

[ocean]

It is good she is getting back on track so take it anyway it comes. Go to the co-parenting class. Maybe ask to meet with the provider once by yourselves first so you can see what this is about and how you were betrayed by mom and give your side of story to provider.

Starting Pre-k is a big change for many kids and takes a few weeks to get into schedule so that is not so uncommon. If she is not listening to teacher or big outbursts make a behavior chart at home and tell GD that if her teacher says she was good today , she can come home and do xyz (food, snack, game, stop on way home at x) but if she doesn't then she can not do it. Stick with it. After a few days of rewards, tell GD that she needs 3 happy faces and then she can get xyz. Up the anti as she starts settling in.

Keep documenting dates/times mom says inappropriate things to child. Do you have a GAL for child? Tell GAL. Is the court going to entertain a custody petition since is has not even been a year?

[dipper]

Yes, here all you have to do is file. 

[ocean]

Does it go before same judge? Here sometimes the judge has ruled on it without even having one hearing. Few years back, our judge just wrote "this was already addressed and mother has not shown change of circumstance" and dismissed it. The only way we knew about it was by watching our account online. Maybe put in an office dismissal paperwork so judge has to rule on it and you put your reason, "custody was only decided 8 months ago and no change of circumstance has occurred in either home"

[dipper]

I will look into that.  The judge who awarded us with primary was a circuit court judge after we appealed from J&D.  Now we will be back in front of that J&D judge.

[ocean]

Our lawyer did a verbal dismissal the day of court but I would not do that again, tell lawyer to write up an dismissal paperwork and file it right away, this way judge has to rule on it in some way and give reason why/why not.

[dipper]

We have not hired an attorney for this matter yet.  I am trying to look into how to file this myself.

[ocean]

Look up your state "motion to dismiss" fill it out and file it yourself at the clerk office. This way the judge must rule on it, verbal they can just say no and move on without a written reason why....