Mediation and questions

[ER]

Hi Soc!

I will try to make this brief but apoligize if it gets too long...

Mediation was yesterday over a medical decision making motion that my ex filed. GAL ruled in my favor to have the decision since it was not listed on the parenting plan. My ex is fighting this as well as other issues. Also, "residential parent" is not listed on the parenting plan that is shared parenting but copy of plan I have has it but copy in court records does not. There is an additional court records filed that gives me "residential parent for school purposes" Our child lives with me but gets visitations with his mother. I ask at mediation for the clause of residential parent to be added back in and my ex said she whould does this only it she got more time with our child.

1. How much weight is given to the GAL decision in regards to the motion filed for medical decison making rights if and it looks like my ex wants a trial to fight this?

2.Will a judge allow the "residential parent " clause added to the current parenting plan, given the confusion from the orignal being ambiguious?

3. My attorney and I discussed asking to vacate in the shared-parenting plan due to the many ambiguties and would like to submit a new plan that is more detailed.

Thanks

[socrateaser]

>1. How much weight is given to the GAL decision in regards to
>the motion filed for medical decison making rights if and it
>looks like my ex wants a trial to fight this?

First, recognize that a GAL doesn't rule or decide. A GAL investigates, reports and recommends. With this in mind, a GAL's opinion is usually given great weight with a judge. Unfortunately, family law judges all have personal biases which almost always invade their final decisions, so unless you are experienced with those biases, you can't ever guess about how the judge will rule.

If you have an attorney with experience before the judge in your case, then that attorney is your best resource for figuring out how your judge thinks.

>
>2.Will a judge allow the "residential parent " clause added to
>the current parenting plan, given the confusion from the
>orignal being ambiguious?

Highly likely.

>3. My attorney and I discussed asking to vacate in the
>shared-parenting plan due to the many ambiguties and would
>like to submit a new plan that is more detailed.

This isn't a question, so I have no comment.

[ER]

>
>>3. My attorney and I discussed asking to vacate in the
>>shared-parenting plan due to the many ambiguties and would
>>like to submit a new plan that is more detailed.
>
>This isn't a question, so I have no comment.


Sorry Soc, what I wanted to ask was...


Given the ambiguties of the parenting plan and the fact that my ex and I have a child with special needs, my attorney and I discussed possible a vacte of the current shared-parenting plan so that a more detailed plan to fit our child's needs better and to alocate the duties and responsibilities of each parent.

Is this something that could be granted given that the orignal parenting plan was ordered 9 months prior to my ex filing a motion to change the plan?

Just to elaborate a bit further on this..All the mediator is doing is additing modifications to the current parenting plan that my ex and I partially agree upon but other areas a judge will decide since we cannot agree.

[socrateaser]

>Given the ambiguties of the parenting plan and the fact that
>my ex and I have a child with special needs, my attorney and I
>discussed possible a vacte of the current shared-parenting
>plan so that a more detailed plan to fit our child's needs
>better and to alocate the duties and responsibilities of each
>parent.
>
>Is this something that could be granted given that the orignal
>parenting plan was ordered 9 months prior to my ex filing a
>motion to change the plan?

I think you're unnecessarily trying to split hairs on the procedure. If you don't like the modified plan, then ask the judge to set it aside in favor of a new plan. Custody/parenting is always modifiable in the court's discretion.