Still working on cleaning up orders & question about OC withdrawing

[DecentDad]

Soc,

Recall that the judge added boilerplate language onto the orders I submitted.

In it, he wrote that we'll continue to have joint legal and that biomom will "continue" to have primary physical custody (though prior judge specifically ruled that we're to have joint custody to ensure neither parent feels entitled to exclude the other).

Anyway, in his boilerplate language, he also noted that we're to jointly make decisions on education.

In May 2005, prior judge ordered that biomom is to have final say on education decisions, and she also pays 100% of private school tuition.

OC's paralegal called me recently (recall she's the one who's been unethically telling me about privileged communication).

She can't find a conformed copy of the previous orders on education, not sure if they were ever entered.  She wanted to know if I'd agree to correct the new orders to reflect past decision.

I said that such would be fair, and let's also correct these orders to accurately reflect the prior ruling that we have joint/joint with neither parent labeled as primary.  She said that was reasonable, but she wasn't sure if biomom would agree.

She also said that they're going to be withdrawing, it's gotten to be too much of a headache dealing with biomom (who paralegal says is blaming them for the recent loss).

To my knowledge, there is no current conflict about education; though I have no idea if biomom is planning on changing schools.

1.  Am I obligated to agree to what she wants to correct (i.e., it's a valid correction, though the error benefits me) if biomom won't agree to revert to custody definition that was specifically ruled in our judgment?

2.  This is #7 attorney for biomom.  If OC withdraws, it'll be the third one who withdraws.  At some point, does this benefit me in a judge's eyes as indicating who the problem is?

3.  If/when OC files motion to withdraw, do I need to respond or appear?  If relevant, there's nothing currently on calendar in our case.

Thanks,
DD

[DecentDad]

Soc,

Recall that the judge added boilerplate language onto the orders I submitted.

In it, he wrote that we'll continue to have joint legal and that biomom will "continue" to have primary physical custody (though prior judge specifically ruled that we're to have joint custody to ensure neither parent feels entitled to exclude the other).

Anyway, in his boilerplate language, he also noted that we're to jointly make decisions on education.

In May 2005, prior judge ordered that biomom is to have final say on education decisions, and she also pays 100% of private school tuition.

OC's paralegal called me recently (recall she's the one who's been unethically telling me about privileged communication).

She can't find a conformed copy of the previous orders on education, not sure if they were ever entered.  She wanted to know if I'd agree to correct the new orders to reflect past decision.

I said that such would be fair, and let's also correct these orders to accurately reflect the prior ruling that we have joint/joint with neither parent labeled as primary.  She said that was reasonable, but she wasn't sure if biomom would agree.

She also said that they're going to be withdrawing, it's gotten to be too much of a headache dealing with biomom (who paralegal says is blaming them for the recent loss).

To my knowledge, there is no current conflict about education; though I have no idea if biomom is planning on changing schools.

1.  Am I obligated to agree to what she wants to correct (i.e., it's a valid correction, though the error benefits me) if biomom won't agree to revert to custody definition that was specifically ruled in our judgment?

2.  This is #7 attorney for biomom.  If OC withdraws, it'll be the third one who withdraws.  At some point, does this benefit me in a judge's eyes as indicating who the problem is?

3.  If/when OC files motion to withdraw, do I need to respond or appear?  If relevant, there's nothing currently on calendar in our case.

Thanks,
DD

[socrateaser]

>1.  Am I obligated to agree to what she wants to correct
>(i.e., it's a valid correction, though the error benefits me)
>if biomom won't agree to revert to custody definition that was
>specifically ruled in our judgment?

First, why don't you check the court file and see if there's an order on education entered? If there is, then this issue will be off the table entirely.

No, you're not obligated to anything until your signature appears on the stipulated order. You can even agree verbally to completely different terms, as long as it's not in open court, and you can just change your mind with no consequences, until you sign the stip.

>2.  This is #7 attorney for biomom.  If OC withdraws, it'll be
>the third one who withdraws.  At some point, does this benefit
>me in a judge's eyes as indicating who the problem is?

Once you get to the third lawyer things start to look weird. Four lawyers is a pretty clear demo of a difficult client and seven is completely out of control. In fact, it's evidence of habit, in my opinion, i.e., the inability to reasonably cooperate with anyone in the child's best interests.

>3.  If/when OC files motion to withdraw, do I need to respond
>or appear?  If relevant, there's nothing currently on calendar
>in our case.

A withdrawal is ex parte and the only time that you would object after the fact, is when you would suffer actual prejudice from the withdrawal, such as if the final order wasn't entered yet, or it was the day prior to trial and you had hired expensive expert witnesses to appear and you would lose all sorts of dough for their travel costs, etc., due to rescheduling.

Otherwise, it's a non issue.

[DecentDad]

.