Motion to Reconsider

[dipper]

Soc,

We are in VA.  Court was in January - judge ordered son to remain with BM as CP.  Also ordered counseling for son, which bm has started, but will provide me with no appt times, name of counselor, etc.  This is actually supposed to be handled through GAL - he was to choose and let each parent know...

Attorney argued that BM was getting ready to be thrown out of her residence, she denied it.   Attorney argued that son's behaviors were out of control with BM...

In February, BM did get evicted and son has slept on grandparents sofa since.  HE called GAL and left message about this, GAL never responded.  Two weeks ago son was kicked out of school and told that he had to go to school in grandparents district.   MY lawyer requested for GAL to ask for emergency hearing.

GAL didnt act at all, so my lawyer filed a motion to reconsider as judge had never signed order from January.   BM's lawyer would never sign the order, so they all agreed to let judge be sole signor.  Lawyer filed motion to reconsider on grounds that judge expressed reservations in January..the order has not been signed; bm has been evicted and son sleeping on sofa (he is 14); and son kicked out of school AGAIN this year and was unenrolled anywhere due to residency issues at the time motion was filed.  

Son is now in school.  GAL visited son 94 miles away Saturday.  This was his first visit to their residence.

BM has racked up considerable violations since January.  We feel the judge would possibly view this as problems as well.  Some examples:  ss is the one who told us about school - she has never mentioned him being kicked out and enrolled in another;  refuses to give counseling information;  denied visitation in February; listening in on and timing phone calls; cursed me in front of son and his attorney for lawsuit.

She also made son lie about his burns in writing and then gave the lie to the opposing side - marked as defendants' exhibit one.

However, since the lawyer didnt cite this, we are concerned this will never be heard by the judge.

Also, the hearing is not until May 15th - four weeks before school ends.  IF the custody does reverse, I feel he will  have to finish out school there. That would give BM school and then six weeks visitation this summer (my usual).

If I mail a certified letter to her regarding all this and copy to the court, will the judge more than likely see this?


If bm should keep son until school lets out, but I get custody is it reasonable to ask for those weeks to be counted as part of her summer visitation?


Would it seem unreasonable to ask that son not have to stay in excess of more than two nights with BM as long as she is unable to provide him with privacy (sleeping on the sofa)?

[socrateaser]

>If I mail a certified letter to her regarding all this and
>copy to the court, will the judge more than likely see this?

The court will see it, but, as you're represented by an attorney, the court will probably return it, unless you are simultaneously notifying the court that you're firing your lawyer. And, your lawyer will be extremely annoyed, because you may be messing up his/her strategy, which may cause your attorney to request to be removed from the case.

>
>
>If bm should keep son until school lets out, but I get custody
>is it reasonable to ask for those weeks to be counted as part
>of her summer visitation?

Ask and see. If I were dealing with this I'd be asking for sole custody and no visitation except at your residence, until the other parent gets her act together.

>Would it seem unreasonable to ask that son not have to stay in
>excess of more than two nights with BM as long as she is
>unable to provide him with privacy (sleeping on the sofa)?

See above.