Custody Trial Updated.

[onedaddy]

Well the 3rd day of our custody trial was set to begin yesterday with cross-examination on BM.  BM and DH currently have 50/50.  BM did some horrible things and requested supervised visitation for DH for literally no reason and we are know fighting for sole.  As things turned bad for BM she retracted and decided she now wants 50/50, joint decision, split holidays, etc.  Everything that is in the current order. We live approx. 80 miles from the courthouse.
At 9am our lawyer gets a call from BM's lawyer stating this date must be adjorned because yss has a severe skin rash that required BM to take him to the emergency room both Sunday and Monday and today she must take him to a specialist.  The hospital refused to admit him and this is the first were hearing of it.  Our lawyer said well see you in court and we expect copies of these hospital records.  BM's lawyer said well your client got a medical excuse last time.  PLEASE, I went into labor at around midnight and gave birth ad 7am.  I hardly think this is the same thing.
If I may give a little background,  BM pulled similar stunts last year on 2 occassions dening visitation.  She takes the kids to the dr or hospital and thinks that is a get out of court free card.  Meanwhile the reports show nothing or little is wrong.  We get to court, she has no records, the judge turns to her lawyer and says "it doesn't bode well for your client that she did not notify DH of this".  She says her mother and husband cannot take yss to dr. because of the seriousness of the rash and her appointment is at 2:45PM.  
Okay, what's the judge gonna do.  She's annoyed but if she's telling the truth...Cross examination will take place for 1 hour until lunch and then she may go but she better have the doctor and hospital report with her on Monday am.
She states under cross she made arrangements to take the kids out of state to Florida for vacation for 2 weeks during DH's visitation.  This is the 1st were hearing of this.  Did you tell DH of your plans?  No, my lawyer told me not to and there is nothing in our agreement stating I have to.  BM's lawyer stands up and says"irrelevant".  Well the law guardian almost hit her head , "irrelevant, are you kidding me?  What could be more relevant? What do think 50/50 is?  Does irrelevant now mean I just don't want the judge to know?"  It went on like this for the remainder of the hour.  The judge was noticibly po'd with BM and her lawyer, thier lies and their ridiculous stall tactics.  
We decided to show up at this specialist with our lawyer and see what was really going on.  When we get there SF is their with yss, he called BM and only then did she show up. YSS had a few hives on him caused by some viral infections, dr. laughed when BM said she took him to the emergency room 2x over this.  As the dr. stated this is "no, big deal!, it's not contagious and couldn't be causing him that much discomfort."

Well see what the judge thinks of this one on Monday.  We will be fighting for attorney fees for this.

[patton]

Yes I definately think the Judge will be ticked on this.  Be sure you have the doctor verify these were more or less unneccessary visits, if he will.

Sometimes doctor's don't care to get involved, but at least get the records from the doctor's office with his commments showing the doctor visits that were for little or nothing.

Dang, sounds like my ex, using every stalling tactic in the book.  But don't give up hope, last time she tried all this, the Judge slapped her with all the court costs.

[onedaddy]

This trial has already cost us nearly $40,000 so whatever we can get well take at this point.
The first and second trial dates were similarily pathetic with  ridiculous lies from BM, her parents, her sister and 3 neighbors.  Our lawyer proved numerous times they were all coached.  They all knew BM and SF so well to say the skids do not belong with DH whom some of them have never met but funny noone knew SF had a violent criminal history with 5+ years in state prison/20+ arrests, 2 kids he has no rights to and 3 ex-wives.
She has made this trial, our lives and these poor kids lives into a circus.  We're praying the judge puts a stop to this finally as no other judge has.