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How many parenting plans ?

Started by mango, Aug 23, 2004, 01:37:57 PM

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mango

Hi Soc,

We have (over a 7 year period) had 3 parenting plans, each lasting no longer then 2 years each. Always resulted in a 50/50 plan.

BM has been the cause for change, whether it be a move, or an attempt to move daughter or something. But not always the one to file. She would move and take daughter and father would file to bring her back. So looks like dad instigates by filing first to prevent the moves...

Child is now nearly 11, and BM is threatening to sue for sole custody. No change in circumstances. She might use "wishes of the child" as I know she has been prepping SD, and planning for this upon her reaching age 12.

Our attorney says we need to file ourselves for full custody, because the BM is out for hate, and is purposefully trying to destroy the father-daughter relationship.

Not wanting to go against our attorney, but we simply want to leave it as is. No more courts, and fights.

1.) Can BM file for change if there is nothing new?

2.) Can she claim "wishes of the child" and drag us through more costly battles?

3.) At what point do courts notice a pattern and just hang the hat on these court loving people?

4.) Can we claim this as an another obvious attempt to interfere in relationship?

5.) Even if we fight for sole and win, wouldn't the child be old enough to reverse anything at age 12 or 14 or so?

Any advice really would help...


socrateaser

>1.) Can BM file for change if there is nothing new?

Can file, but will be denied.

>
>2.) Can she claim "wishes of the child" and drag us through
>more costly battles?

If she can get the kid on board, then probably yes.

>
>3.) At what point do courts notice a pattern and just hang the
>hat on these court loving people?

Every court is different -- can't answer.

>
>4.) Can we claim this as an another obvious attempt to
>interfere in relationship?

Yes, but a claim is just a claim. You need proof, same as your opponent.

>
>5.) Even if we fight for sole and win, wouldn't the child be
>old enough to reverse anything at age 12 or 14 or so?

Depends on the law of the jurisdiction. I don't know where your case is located.

mango

Franklin county, Ohio.

Thanks for the info.