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Wednesday she called the police, Thursday an emergency hearing!

southernshellgirl's picture

Thank you to all who responded the other day. I realize now how silly it was that I even asked what we should do. I really appreciate all of you on this site and how you can make things so much clearer by giving the outside view. Here's how it played out...

So after DH got BM to admit she does not have a license on Tuesday night she still wanted to come over and show him her paperwork anyway. DH said fine, because we wanted to see just what the court order said, if she even had one.

Wednesday 11:45am, she showed up before DH could get home on lunch to meet her. I had DH's aunt, who is also my best friend, with me at the house. I let BM in and told her DH would be home in a minute. BM asked where SD was, I told her playing at my cousin's. She was mad, "Well why is she not here?" Because DH thought it would be best if she wasn't. Bm walked right out the door. SHe had her sister drive her, again we could not verify she had the interlock in her car.

DH came home, went out to talk to her. He asked her to come in, and this is funny, she refused to come in because DH's aunt was over! Smile DH's aunt was the one that introduced me to DH, guess she's holding a grudge. BM waved some papers around while standing in the street. Dh told her he was not going to stand out in the street and if she wanted to talk she could come in. BM said no, and she was calling the police. DH said "GO ahead!"

She did. Smile I can't believe she actually thought it was a good idea to call the police, when she can't show any proof she is entitled to have possession of SD! DH talked to the officers and showed them the most recent court order and it was all over. They asked if the agreement BM said they had about her having SD for the week after Christmas was in writing. Um, NO. Okay then, just be sure to allow her the supervised visits and keep in touch with our attorney. All was settled. Or not...

A couple of hours later I got a call from our attorney. Apparently BM and the Woman she lives with/controls her life, have gone to another attorney. Wouldn't you know a close personal friend of this woman. This attorney says he is taking over for Bm's previous attny and is attempting to convince our attorney we should strike a deal and sign an agreement to allow BM to take SD on the trip, and then return to supervised visits when she returns. WE told our attorney our biggest fear was that without a job, a drivers license,her just finding out that DH and I are having a baby, and it just being months after her mother beat her up, BM may take SD and decide not to come back. No deal!

When our attny called this new attny back to say no, new attny informed him that he set an emergency hearing the next day at 2pm. The next freakin day!

I was up all night typing up everything that has happened since the last hearing in october. The next morning our attny called and said the judge set to hear the case had a phone conference with both attorneys and said he wouldn't touch the temp orders and would not allow BM to take SD. Unfourtunately he was going to be unable to be in court that day. So BM's attorney found another judge to hear us last minute, that one had a family emergency and bumped us to another judge.

Finally we got under way, and our attorney points out to the judge that there may be an ethical issue, as this guy is not BM's attorney of record and has not subsituted in. Our attorney happened to call BM's former attorney that morning and wouldn't you know he knew nothing of this hearing or that BM wanted another attorney. :O THe judge agreed that this was not right and we could not proceed until former attorney signed the substitution. New attny told the judge, "Your honor, it was our understanding that he is out of town." Our attorney, "Your honor, I spoke to him this morning and he said he had a meeting with a client and can not be here. He did say he knew nothing of this hearing today." Wink

SO, foever later, the judge allowed new attny to call former attny, former attny called the court room and judge put him on speaker. Former atty let the judge know how surprised he was at all of this, but agreed to sign if BM wanted a new attny. New attny hand wrote a document, had Bm sign and the judge herself faxed to former attmy, who faxed back, and how much all this cost us in paying our attny I don't even want to think about.

Her new attorney looked and sounded like a jerk and a liar, the judge saw right through him and told both attorneys she was not going to hear tesimony from either side, and all she wanted to see was what is on paper. SHe asked, "WHo is entitled to have the child now?" The Father. "Who is entitled to have the child tomorrow?" The father. "And you want me to overturn the current temporary orders that only allow the mother supervised visitation?"

It was crazy. At the end our attorney got in that BM no longer has a job. The judge asked why that is, and pointed out that Bm's orders granting her the ablility to obtain an occupational license are based on her job. New attorney told her BM is working now. The judge asked for the phone number so she could call and verify and the attny said, "Well her employer is here your honor, in fact, she's going on the trip, she paid for all of it!" I swear the judge almost rolled her eyes! THe judge ruled that the orders stand. Her attny told the judge, "THis is a $20,000 trip to Disney World with a group of good christian people being ruined at the last minute by this one man!" The judge told him, "Mr. ***, this is not a trip being ruined by this man, if you look back at the history of this case you will see that this is a result of your client's own actions. And if your client refuses to take responsibility than you need to! How old is the child?" Our attny, "Three your honor." her attorney, "My client is taking responsibility, and so will I, but the child was very much looking forward to this trip." BM chimed in, "It's all she has talked about for weeks." THe judge said, "Then maybe we are all going to have to start being adults and not getting a three year old excited when the adults haven't completed their responsibilites." I guess BM was smiling because the judge asked her what was so funny. BM said, "It's just that they've been letting me have her for months now." the Judge told her she didn't care what who was doing what, and that she didnt see an occupational license or a receipt for an interlock device in the papers they povided. Her attorney told the judge they brought pictures of the interlock installed in her car and the witnesses to testify. PICTURES! HA! Smile

Well, nightmare over. DH called BM to see if she would be over for her Sat visit, she is in Disney World and will not be back until Wednesday. HUGE sigh of relief for us. BM's next supervised visit will be next saturday. And our attorney gave us very strict instructions Not to do BM or her family any favors and to make these supervised visits alot more supervised. Now I just wish there was a way to let DPS know that BM no longer has the job she put on her application and get her license denied. I am scared to death of what Bm is going to do when she can take SD again.

I wont even get into all that DH overheard Bm and that woman telling the new attny about us before the hearing started the other day. I know we should expect to hear terrible lies about us.

Now we are having to get help from family to have back up with me at all times for these visits because Dh can only be home for the Monday night ones.

ANd oh yeah, BM's former attny had filed for a hearing because she wants the courts to fine Dh and put him in jail for denying her possession time when her mom beat her up, (even though we were granted an restraining order for that period), and for when we found out she was driving around with SD without a license and she had attacked a girl with pepperspray, (we were granted an ex parte order to keep SD with us until that hearing.) At which time new orders were set only giving BM supervised wisits. I'm stumped at how Bm can ask the courts to enforce an order that is no longer in place? Seems rediculous to me. Not only will she have to prove Dh was wrong for trying to protect SD, but also, in a way she will be trying to prove how three judges were wrong for granting orders in our favor. And the judge set to hear it is the one who gave her supervised visits! Smile

Sorry this was so long. I can't believe it all happened. on a good note, we took SD to Six Flags with my mom, aunt and young cousins. We had a great day. And on Thursday DH and I are taking SD to my check up and we're hopeful we will all be able to hear the baby's heartbeat. SD is so excited! When she was with my aunt Wednesday while we delt with Bm, SD convinced my aunt she absolutely HAD to buy something for the baby. They came home with a recieveing blanket and the cutest baby booties. I am so very lucky! Smile

Comments

Colorado Girl's picture

...hopefully she'll get her act together now. I don't get this "friend" of BMs. Why would this woman go out of her way to help her and fund all this. That is very strange to me.

"Life isn't about waiting for the storm to pass...It's about learning to dance in the rain."