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Questions!--- tomorrow we see the lawyer!

northernsiren's picture

To initiate the custody proceedings against BM!!! Biggrin The initial phone calls have been made, and the lawyer knows the outlines of the situation and said he just won a similar case, and thought it would go pretty smoothly for us.

Can anyone tell me what all I should bring? I have that custody proposal you all helped me with, (thank you!!!) the original form I based it on from the state of CT superior court website, the family agreement, and a list of questions. Anything else?

Should I bring my log of problems we've had regarding the situation or wait?

What all should I be sure to ask???

What can we expect from this point forward, in terms of timeline, next course of action, etc?

Any advice from those "been there done that" folks here is appreciated!

Comments

StepG's picture

Do bring the long list of problems you have had thus far. We are in the middle of cusotdy modification right now. We start in Feb 08 and are waiting on BM to return her discovery so be prepared for a long process. It can be real aggravating but I have been reading your posts and it seems like it should be smooth for yall given the age of SD and she can give her opinion too. Your lawyer will file the petition to BM stating what yall want and the reasons why. Then BM will have like 30 days to respond. In that time she should get a lawyer and her lawyer will help her repsond. Her repsonse will be wether she admits or denys the "allegations"(not that they are lies they just referred to that way) yall have made and will respond with Admit/Deny questions, Interrogatories and Request of Documents for discovery. The admit or deny questions can get personal about you and Fiance. the Interoggatories will ask questions about employment etc. then the discovery request for documents will be to get bank statements, retirement paperwork, basically all your financial infor well you fiance financial info - in our case we are already married and nothing of mine is taked in to account the only time I am mentioned is that H resides with me his wife. then once you answer discovery stuff yall can ask her all the exact same things and more if you have other stuff you wanna know that is important to the issue. each of you will have 30 - 45 days to answer the discovery stuff. Keep record of all good and all bad. Keep us posted. I will PM you if I think of anything else. Good Luck.

northernsiren's picture

that is insane, this cannot take a year!!!! Sad

"Insanity: doing the same thing over and over again and expecting different results." Albert Einstein

Sita Tara's picture

Our case took 9 months from filing until BM to conceded the night before the first real trial date. That was April and we still didn't get the final paperwork til JUNE. DH therefore overpaid CS, and even though BM conceded, it wouldn't show up in docket form til that final paperwork was processed. At least CS did put it in an account, rather than pay it out to BM, until they received a new order. But they paid us back the same way you receive it, a partial amount every two weeks. That made no sense to me, but hey- we eventually got everything back past BM's concession date.

Over the 9 months we had many, many, many, and TOO MANY pretrial dates. Those really SUCK. You have to go and sit for an hour or two in a family court waiting room, with BM trying to avoid eye contact with you, or glaring at you, or in some cases I saw (not ours) talking loudly to other people about their ex, as if we were all members of a jury.

Then our lawyers, GAL and judge were the only ones who met, and we continued to wait for them. They would then come out and give us our next order- more mediation, more counseling, etc, and set another PREtrial date. We couldn't even go back and hear what they were talking about. You must be there every time, miss work, never knowing if you'll even get to go back or not. That was very stressful. Plus SPs are not always allowed back to the court room anyway, so I would get a sitter for BD (then still a baby I was nursing) every time just in case we were called back, not even knowing if that would mean I would be allowed to go back.

And I would ask your attorney that question, about whether you are allowed to go back. I still felt I should be there to support DH, and it was kinda nice because BM didn't bring any of her "friends" and had to sit there miserably alone. Just prepare yourself that SPs are not always treated as having any place in the proceedings by a lot of people in the court system. That was my biggest frustration. And if I had known and prepared myself better it may have not bothered me as much. The GAL was great to me, largely b/c the psychologist was a very supportive and very impressed with my treatment and then connection with SD. My attorney said the GAL could request I be allowed back to the judge, and he MAY have honored her suggestion and let me. But I never knew going in.

Since you two aren't married yet, you may be given even less respect. I think that's ridiculous, as you are a SM in my book, but I had no idea til going through it that the court behaves with such bias at times.

Pace yourself NS...yes it could be a year. Even if BM doesn't get dirty and fight back. B/c our BM didn't. It took 9 mos simply for us to take each baby step the court gave us, until BM finally gave up. If she would have played games and tried to manipulate the system, I could see us STILL fighting it now.

BEST of LUCK!

"Om Tare Tutare Ture Mama Ayurpunye Jnana Putin Kuru Svaha"
~Sita Tara Mantra

bellacita's picture

though in our case, it didnt help. but we couldnt afford an attorney either. in our case, BM filed the motion to get full custody based on several things, including me abusing SD. Dh had 30 days to write a letter and send it back outlining his response. we did, and bc it negated everything BM has said in hers, her lawyer mustve told her to drop it. so it went strait to mediation. they mediated and were ready to agree until BM accused SS of abusing SD. if BM doesnt want to contest, or get a lawyer, it will be a smooth process.

i hope for ur sake, AND SD's that it doesnt take very long. all depends on BM i think.

"Given the right reasons and the right two people, marriage is a wonderful way of experiencing your life."
~the late great George Carlin

northernsiren's picture

there's a lot of personal anger in there that isn't going to be helpful, I'm going back to work on making it more "just the facts"
I hope it's impressive, I started it in March 2007...

"Insanity: doing the same thing over and over again and expecting different results." Albert Einstein

bellacita's picture

ours was very factual. but the GAL didnt care...he took a look at it briefly and said "this is what u have to deal w bc u had a kid w her. and whatever she puts u thru is worth it bc SD's life is more important than ur own happiness." almost verbatim.

"Given the right reasons and the right two people, marriage is a wonderful way of experiencing your life."
~the late great George Carlin

northernsiren's picture

above her own happiness, but that's not how SHE lives. Oh I would have been PISSED if someone said that to me "oh yes, going through all this is making me HAPPY, having you come in and JUDGE me and my life, yes, I do this for my own happiness, I don't actually give a rats A$$ about SD, I just go through all this for my own personal amusement!!!"

WTF is wrong with people....

"Insanity: doing the same thing over and over again and expecting different results." Albert Einstein

Sita Tara's picture

I brought mine unedited just to tell him some things from them - like notes. He asked if he could keep it and I hesitated telling him, "I haven't edited out my frustration and judgment yet, can I email it to you?" He said, "I don't need it edited, it won't leave my possession. I will just use the facts from it."

He is your attorney and bound by client confidentiality. If he quoted you from that log, something other than pure facts of events, he could be disbarred.

So I wouldn't worry yourself over the editing of that in particular.

I edited all emotions out of anything I sent to the GAL, mediator, counselor. I may have told them some of my feelings face to face (can't edit EVERYTHING) but I was as careful as possible of how anything might sound. I used to pretend SD was in the room, even when she wasn't, and that was a really good tactic to bite my tongue.

I think that a rare slip up emotionally in front of them, is not as worrisome as putting something in writing they can quote you on. Because counselors, mediators, and GALs are mandated reporters and thereby NOT bound by confidence. Though the GAL didn't write anything SD said about us or BM in any reports, always stating, "The rest of the conversation has been edited for protection of the minor child's privacy."

Of course BM told SD that the GAL told her everything SD said to her, which SD told the psychologist, and was the final nail in BM's custody coffin in the GALs eyes. It was obvious that BM was trying to alienate SD not just from us, but from the unbiased professionals only looking at SD's best interests.

BM just couldn't control herself. As DH said, it's easier to win when you have a willing enemy.

"Om Tare Tutare Ture Mama Ayurpunye Jnana Putin Kuru Svaha"
~Sita Tara Mantra

4ofus's picture

for a comment like that. Agreed, there will be crap to deal with, because, the fact is they divorced for a reason/ are are not together for a reason. But that does not entitle anyone, whether it be BM or dad or SM, to abuse, manipulate, or generaly disrespect the situation.

I think we can all say that if everyone took the high road in these situations that there would be no need of GALs and all the crap we deal with!

bellacita's picture

in preparing the new arrangement, we wanted protection from BM and were denied. we asked for exchanges in a neutral location...denied. his response? "if y'all cant get along well enough to go to each others houses, theres a problem." well duh. that was our point. no one cared. all they cared about was SD. BM got away w it all...didnt even chide her for lying about the abuse. it was sad. if i could do it all over (dont want to BUT) i would have requested for a different mediator AND GAL. we basically got pushed around bc we had no lawyer while BM played the poor single mom card Sad

"Given the right reasons and the right two people, marriage is a wonderful way of experiencing your life."
~the late great George Carlin

northernsiren's picture

hopefully this situation cannot play out that way. She may be poor, but she's not single, and we're the ones with a lawyer, not her. Will NOT be getting pushed around...

why is there no angry smiley face? I keep reaching for one!

"Insanity: doing the same thing over and over again and expecting different results." Albert Einstein

bellacita's picture

i really think u guys will be fine. i think u are being OVER prepared, which is fantastic! it will be a speedy process for u i think! good vibes, good vibes!

"Given the right reasons and the right two people, marriage is a wonderful way of experiencing your life."
~the late great George Carlin

northernsiren's picture

and FH emails and says he won't be right home b/c he has to go to BM's and drop off 7.00 for SD to go to a dance tonight. WTF????

More for the log....

"Insanity: doing the same thing over and over again and expecting different results." Albert Einstein

bellacita's picture

she cant give her kid SEVEN BUCKS???!!!!

I cannot wait until u get SD out of there, and i dont even know her!

"Given the right reasons and the right two people, marriage is a wonderful way of experiencing your life."
~the late great George Carlin

northernsiren's picture

nice huh? She's such a piece of trash!

"Insanity: doing the same thing over and over again and expecting different results." Albert Einstein

bellacita's picture

yep, SDs BM is low class white trash too. what exactly WERE they thinking???? ugh.

"Given the right reasons and the right two people, marriage is a wonderful way of experiencing your life."
~the late great George Carlin

northernsiren's picture

"I'm 16 yrs old and this chick will put out, and she says she's on B/C, so why not?" He'll never admit it though....

"Insanity: doing the same thing over and over again and expecting different results." Albert Einstein

bellacita's picture

Dh was in the lowest point of his life after his divorce from BM#1. not that he loved her, that marriage was bc they had kids together, he just felt like a failure. BM#2 comes along and he didnt really think he could do better. says he just didnt care about life anymore. she too said she was on BC and they were drunk the nite she talked him into not using anything bc she had it covered...so nice...makes me SICK.

"Given the right reasons and the right two people, marriage is a wonderful way of experiencing your life."
~the late great George Carlin

4ofus's picture

I can really say made a difference to me was that we had to stay on top of the lawyer...things are drug out many times to help fund a lawyer's life-style, so make sure that you keep all your ducks in a row and hold the lawyer accountable for what he says.

I have heard countless times that it takes the ownership of a vagina to get custody of your child... I hope that you have enough evidence stacked up that the judge will actually make a decision based on the needs of the child!

northernsiren's picture

I asked around and got the name of "the shark" as her nickname in the community is. A nasty no nonsense lawyer who is known for going for the jugular. I sent FH to meet with her, and basically she told him to give her the money, and hope for the best.

Fast forward to grandfather's involvement. We mentioned we had spoken to this lawyer and he said he retained the VERY same lawyer for his divorce many years before, and she did exactly what's you're describing, dragged it out and kept getting paid. He dropped her and hired another lawyer, who took care of business, mediated calmly (with the BM's mom actually, LOL) and did things quickly and efficiently. We're using the second lawyer for this too!!! According to the grandfather, this man had a way of calming BM's mom who has the same nasty habit of screaming and flipping out her daughter has, we're hoping he can use this magic touch on the BM!!!

"Insanity: doing the same thing over and over again and expecting different results." Albert Einstein

northernsiren's picture

we honestly don't have much of anything beyond our opinions, the log I have and witnesses by the grandparents. Our #1 piece of ammo in this is SD being 15 yrs old and wanting to live with us because her mother abuses her, treats her like a maid, and she feels like an outsider at her mom's b/c BM is remarried with a new family, and at our house, she feels like she is a family member.

So sad... Sad

"Insanity: doing the same thing over and over again and expecting different results." Albert Einstein