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custody hearing...BM wants joint of SD8

non_mom23's picture

Submitted by non_mom23 on Thu, 03/05/2009 - 11:40am

So the BM filed papers for joint custody of my SD8. This is hilarious b/c she is so unfit as a parent, H has always had full custody of SD. I know that if anything the judge will take away what rights this socio has to her daughter.

Anyway, I'm just wondering if it's likely that I will be called as a witness on behalf of my SD? If anyone has this experience or knows anything about the whole law guardian, lawyer vs. lawyer battle.

I've been documenting of over a year all the shit that the BM has put my SD through. Abuse, emotional and physical, along with neglect and a thousand other horrible things. What I'm thankful for is SD knows that her BM is terrible, though we never talk badly about her ever. She complains about her treatment of her and what her BM does.
I have all of these 6 pages, single spaced font 10 print, of documents, dates and locations. SD confides in me a lot I think b/c I'm not the reasonable one in the house. I'm just wondering if b/c of SD's confidence in me and the documents I've put together if I'll be summoned to court over this??

I surely hope not. I know something bad will happen if I see the socio. Hope everyone is having a great week!!

Comments

MSloan86's picture

Submitted by MSloan86 on Thu, 03/05/2009 - 11:53am

Has SD seen a therapist? I wouldnt rely on the courts taking 'personal notes' as evidence. You can submit them, and provide an affidavit saying your side. It sounds like you want to have your SDs accounts be taken into consideration. Is she mature enough to speak with an officer of the court, or a therapist that can present their opinions to the court?

The parts the court may be looking at is BMs current situation, has it improved, does she have a suitable living space etc.

Many a judge has awarded custody to a less fit parent. What rights does she have now regarding visitation?

non_mom23's picture

Submitted by non_mom23 on Thu, 03/05/2009 - 11:57am

Right now she has Weds. nights and every other weekend. She has only been seeing SD for a few hours Weds. nights b/c she doesn't have a stable living situation, living with friends, etc. Also a part time job as a waitress.

I've been documenting everything. SD is seeing a counselor at school once a week and has been for quite some time. She is meeting with a law guardian sometime this month to figure everything out. The only thing that really concerns me is that most judges want the BM to be in the child's life regardless. I'm keeping my fingers crossed but still really concerned.

sam's picture

Submitted by sam on Thu, 03/05/2009 - 1:41pm

would definately have to go to court if you are the one documenting everything.I have been doing that as well with my husbands ex and the police are involved they told me that if it ended up in court my dh would be ordered to go as a witness.They may even talk to your sd.

southernshellgirl's picture

Submitted by southernshellgirl on Thu, 03/05/2009 - 11:38pm

We did not make it all the way through final trial, it was agreed right before trial began, but they did take my deposition and BM's attorney questioned me longer and more than he did DH.

I had everything written in a notebook and had to provide copies to her attorney. THen in the deposition he went through almost day by day though at least 6 months of notes, questioning everything I wrote, when I wrote it, and even what I was thinking when I wrote it.

I was VERY careful to document only facts and leave out my opinion for the very reason I knew anything I wrote (As an evil SM) would be seen as a personal thing between me and BM and not taken seriously for poor SD.

I hope that helps give you an idea, keep up the documenting, it is important to have.

Best of luck to you.

Two roads diverged in a yellow wood, and I---
I took the one less traveled by,
and that made all the difference. -Robert Frost-