eviction

[Mom1Step2]

Just a quick question.

We will possible be going to court soon. BM is asking for a reversal of custody (we have school, she has summer).  According to the kids she & her boyfriend were kicked out of her last place (a letter was on the door that said they had to be out by x date).  There are no official records showing an eviction that I can find (and I know where to look).

Question is:

Would a letter from the landlord be admissible in lieu of an offical eviction notice?

Is it even worth our time to try and get this (does this help prove that BM is not stable)?

Thanks.

[ocean]

If landlord will put it in writing, then get it. You could ask ex for current address that the kids will be sleeping and if they have their own bed. Once school starts she would have to live in school district to try and get more custody...what is she using as the reason for the change of custody?

[Mom1Step2]

As always, it is a long story. Her basic reason is: this is what I want, so it should be so. Seriously, that is what she wrote. DH had to counter with: I can neither deny or affirm accusations because none were made.

I know she has to prove cause & change of circumsance on our part. We just want to have all our ducks in a row in case something strange happens.

Thanks again.

[brwneyedmom]

Ask for attorney fees and court costs. She has no case based on what you have written. Of course, I am not an attorney, so my advice may be incorrect.

[ocean]

He should counter with: motion should be dismissed as there are no change of circumstance since the last court order and no change within the petitioners motion.

The courts may throw it out just on that alone.

[Mom1Step2]

Is that a possibility? Just say there is no reason & it wont even go to court?

We havent been served yet, but went and got copies of everything from the courthouse ourselves.  So we got a jumpstart on filling out our counter montion (which we havent yet filed since we havent been served).

We were going to go ahead and ask for a few changes ourselves. (two weeks before school starts rather than the day before, two days before end of winter break). As well as some clarification on things we have always had trouble with (those Monday holidays).

Would it be better to go the route ocean gave to just say: "no change", and leave it at that?  Could we follow with our drawn out counter if it didnt get thrown out?

One other question: 14yo wrote a letter to the court stating she wanted this change. Her letter basicily mirrored BM's letter. This is what I want, Mom buys me stuff, etc.  She even ended with I feel like I have lived with my Dad too long now and should live with my Mom now. (Nice stuff, huh?)  Anyway, can this be considered change of circumstance, the fact that child wants a change?

From what I understand, FL doesnt have an age of choice like some states, but that the court will consider the childs opinion.

We are in Florida by the way.

Any thoughts would be helpful.

[Simplydad]

From what I understand a child's request can be considered a change in circumstance.  However, the decision is not based on that particular request.  The decision is still based on what is in the best interest of the child.

In my opinion the BM would be a fool to submit to the courts a letter from a child saying "I want to live with my mom because she buy's me stuff."

[Mom1Step2]

Simplydad:

Of course it wasnt stated in those exact words, but that was basically what it said

BM is trying to show she can provide for kids. There is no support order. We take care of our time, she hers. However, she insists of buying school clothes each year (ok not entirely true, BM's mother buys school clothes). The first few years, we bought stuff, but the stuff she bought was always better (and therefore preferred by kids). We gave up after the first two years, why waste the money.

Anyway, this is one of her points, that she helps provide for the kids. So 14yo letter stated Mom buys school clothes, mom buys bathing suit, mom takes us places.

As for your statement of her being a fool: She has already submitted this stuff, we just havent been served.

Now for a small rant: during the yearly argument about not giving her check-out right at school, she informed us last night that it is perfectly ok to check kids out of school 1/2 hour early because they arent doing anything anyway - exact reason we want to keep school time. :end rant

[ocean]

Her age may sway a judge but keep to the facts: child is doing good in school on this schedule, has friends and family support....
When they get to the high teens, courts tend to go with what they want, especially if she asks for a GAL involved and they start advocating what the child wants. BUT your case was just decided...so ..do you know if this is going before same judge yet? I would gently remind judge, "We were just here XX months ago and you already ruled on most of the petitioners request and there has not been any significant changes".

[Mom1Step2]

It wasnt just rulled on. The current order went into affect 2006.

Children lived with BM full time with DH getting eow before 2006. In 2005 BM handed over children because she was living in her truck/hotels and had no job.

We did a modification in 2006 that gave DH school and BM summer, with each getting eow & split holidays.

As far as the judge goes, I have no idea. The original was uncontested, the modification was uncontested & went through a magistrate. BM & DH met with mag. & signed. It was then sent to judge & they signed off on it.

Does the fact that it went through a mag. make a difference? The fact that it was uncontested?

As far as the kids doing well, yes. 14yo was midway through 3rd grade in 2005 & was reading at 1st grade level. She had been through 3 schools in Kindergarten and 2 or more for the other grades. We got her up to 3rd grade level by the end of that year but held her back a year. Every day is a strugle with her for school, & we do the best we can. She has been in partial special classes on and off all this time. She has never been pinged with an LD status though. YSD was in Kindergarten in 2005, so she has been largely unaffected (school wise, mental frustration with the situation is another matter).

I am still very intregued by your statement about just filing that there is no change in circumstance. Like I said, we have our wanted changes all drawn out, but now I am unsure if we should just go that route and see what happens. I kind of think it would make us look more unconfrontational which would be good. We dont mind setting these few small changes aside if we can keep it the way it is, but if we are going for a battle, we want to try and change a few things.

Thanks ocean for your input.