eviction

[ocean]

Sorry, getting two stories confused on here...lol
No, it does not matter, a court order is a court order and entered.

You can start with trying to get it thrown out, if that does not work, then answer her issues BUT you do not have to either or not give so much info from the start. If you want to negotiate you can not give them all your "proof" right from the beginning.

Since things have not changed since 2006 then you have to prove that or that the kids best interest is to keep things the way they are. IF you have to answer to this, then I would say something like:

"Father does not agree to custody change at this time, as children are now adjusted to their new school/friends for the past X years. Father has been primary care giver since XX when mother relinquished her rights as she did not have a place to live, job, and changed children's schools XX times. Mother
does not pay any child support and agreed to pay for extra expenses (school clothing) and the time she has children as NCP. Father pays for day to day issues/bills/medical?/dental?. It would be in the best interest of the children to have custody remain the same and keep their schooling and activities the same especially since daughter x has special needs."
I don't know...part of me thinks even that is too much....lol


DH ex NEVER answered anything...the day of court we would hear what she is trying to pull...

[Mom1Step2]

'If you want to negotiate you can not give them all your "proof" right from the beginning.'

This statement is confusing me. Is there any way you can elaborate?

[ocean]

They will get your response before court and be ready to respond to you. If you leave it general "father does not believe a switch of custody is in the best interest of the children". (They will not know you will use schooling and main one, her housing situation....they can try to get evidence of her rental agreement or that her school is better...respond to each of your responses). Bring it up that day in court, and then they do not have a chance to run out for that stuff and have to respond immediately without thinking it through for weeks.

[Mom1Step2]

Thank you very much Ocean. I was thinking that everything needed to be presented before hand, but I like your thinking.

[Mom1Step2]

I have another question for you Ocean:

DH got served yesterday with all the papers BM filed plus some instructions from the court.

One of the documents stated that if a trial date is set we must submit a Pretrial Catalogue.  Here is what it says about the catalogue:

"The primary purpose of the Pretrial Catalogue is to provide the court with information for the consideration of a Final Judgment. Exhibits should not be filed with the court, however, must be delivered to the opposing party at the time of delivery of the Pretrial Catalogue. The purpose of the Pretrial Catalogue is not to present argument. Issues related to the form or substance of a catalogue which has been filed will be addressed at the Pretrial Conference or by prior motion.<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /><o:p></o:p>
<o:p> </o:p>
ATTACH THE FOLLOWING TO THE PRETRIAL CATALOGUE:<o:p></o:p>
5.       Copies of all photographs, exhibits and documentary evidence which the party proposes to use at trial"

Question is: You said: "Bring it up that day in court, and then they do not have a chance to run out for that stuff and have to respond immediately without thinking it through for weeks."

It probably is a state thing, but it looks like we have to show all of our cards ahead of time.  Is this what it looks like to you?

[ocean]

Looks like that... seems like here is a little backwards in family court. One judge even told our lawyer this is not criminal court...so...
There is another poster (Hester I think) going through same thing with evidence...

[mdegol]

There is a way around not being able to bring up things later-at least in the courts I have been.  My lawyer used statements like: "and we reserve the right to supplement such and such evidence later and will provide to the opposing party in a timely fashion."  "At this time, we don't plan to call medical providers, but reserve the right to supplement this list at a later time."   

[lovemybabies]

First I would like to say (as a mom) that I am apalled at the idea of tryithng to work against the mother of your child but with that over with no her eviction will not work against her as long as she has somewhere to bring her kids. If you decide to proceed as suggested then bring a letter from her landlord. I think (not sure) these hearings are public record in some states so you may be able to get more documentation. Either way, best of luck to you.