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Court Tomorrow

WifeVersion2.0's picture

I'm really trying to get through my work day without thinking about DH's court date tomorrow. It's not working!

I think what he has petitioned for is a fairly simple thing and after looking through all of his documentation last night, I felt even better about his case. However, we are doing this Pro Se (so is BM) and I've typed up/handled most of the 'legal' stuff on our end. I really just HATE the 'unknown'. I hear so many stories about what should have been simple cases turned into a nightmare or a crazy judge making a completely stupid judgement that I can't relax. There are just so many unknown variables! We don't know whtat the ex is going to say or do, we don't know if the judge will make a decision that day or suggest we go to trial, we don't know what documentation the judge will/will not look at. I so want this to be over TOMORROW! I want DH to walk out of the court house with his newly signed modified order.

DH wants me to go with him and I'm not sure that my nerves will be able to handle it. I know I can't say anything regarding the case, but he wants me there for moral support. Anyone ever accompany their Spouse or SO to court?

Comments

violetforest's picture

There have been times that I have gone to court and other times that I haven't. Got to be way to emotional to be talked about in a negative manner and yet not have a right to defend myself or to be represented.

FYI - bf and bm went to court involving contempt issues and the judge refused to hear the case and ordered a GAL to go over the case when they both showed up to represent themselves and this ended up costing us thousands of dollars more than if we had just hired an attorney. (and we were in the right per the gal)

on another note love your logon name wifeversion 2.0 (means your the updated and improved version, yeah!)

Rags's picture

I have gone with my wife every time. I always get excluded and have to wait in the witness room with the rest of the witnesses but I go to be there for my wife.

The SpermIdiot always moves (his attorney actually) to exclude witnesses because the dipshit does not want his parents to know all of the gory details of his idiocy because he knows we will drag his ass through the mud with the facts of his life. He knows we will have his arrest record, police officers to testify, XGFs, former gang banger wanabee buddies, and PI reports as well as information on his under the table income from side plumbing jobs.

Good luck.

stormabruin's picture

I have always gone to support DH, but like Rags said, I always have to wait outside the courtroom (usually with BM's mother & the skids). It's uncomfortable for me to sit there with the 3 of them glaring at me, but as uncomfortable as it is for me, I know DH's needs someone to be there for him. Were it me having to go before the judge, I would want him to be there for me. Court is nerve-wracking for everyone. Why make him go through it alone?

logiebug13's picture

DO NOT i repeat DO NOT go to court with him! I work in family law and i can tell you first hand a judge does not like it at all when the new spouse shows up. it can turn the courtroom into a circus!

I know it is nerve racking (trust me my DH has court tomorrow too) but you just have to understand it is out of your hands and what happens is going to happen whether you are there or not.

logiebug13's picture

Divorce, children advocates, custody issues, etc etc all areas pertaining to the family court system. in my state, they do not like it when the parties bring ppl with them in general let alone new spouses.

stormabruin's picture

It's not all about the outcome. Honestly, I don't go to speak as "the new wife". I go to be support for DH. If BM is going to walk through the doors with a skid on each arm & her mother in tow, I WILL be there to offer every bit of support I can to DH.

Frankly, in general I have lost any respect I ever had for judges, lawyers...really the entire court system. I could do without it. I understand there MAY be a decent moral one somewhere out there, but I have yet to experience one. As often as it's said, "the best interest of the child" is rarely the goal in family court. It's based more on who's lawyer has it in best with that judge, or who owes who a favor within the system. Those who can't afford the thousands required in lawyer fees are automatically the losers. BM's are innocent until proven guilty, and then some. BF's are PRESUMED guilty until they've been beaten down so hard they finally walk away, & THEN they're PROVEN guilty.

Lawyers are paid to win their case...not to seek what's in the best interest of the child. They will say what has to be said to get the money in their pocket.

That said, I don't give a shit how a judge feels about me showing up to the courthouse to show support for my husband. Really, if more spouses would support each other that way in life, there probably wouldn't be such a need for Family Law lawyers or judges. Wait...I see the issue now. The smaller demand for lawyers & judges would equal less money in the pockets of these crooked people.

Bring on the hate & contention people! These people have families to feed!!!

violetforest's picture

Judges might not like it but if that is the case when the ex's attempt to use me or to limit my involvement with the kids based on her fears and not facts then I should be involved and I should have a right to address the court and present my own evidence to defend myself.

This idea that a step parent can not be a party to an action but yet are forced to be a responsible party for a child without being heard is wrong. I know that many of us have been written into orders without us even being in the court room to have the opportunity to find out if we can even comply with the order as the judge has requested much less to be heard on our feeling of the subject.

Things in our court system do need to change. I do not feel sorry for the courts being so busy or having to put up with people in the court room - if you are going to make me part of the order and if I am responsible legally or financially in any manner I should have a right to be heard on the issues.

Rags's picture

Yep it is wrong. But ..... welcome to the wonderful world of StepParenting.

I have been told repeatedly that I am not a party to the action then the dipshits in the stupid black robes rule that my income can be applied to lower the SpermIdiots CS obligation.

Helloooooooooo!!!!!! Either I am a party to the case or I am not. The family law morons should not be able to have it both ways. Sit, down, shut up and give us your wallet. Ummmmmmmm! if you are not a family law dipshit judge that is called a MUGGING!!!!!!

When I hold up the mirror in front of the idiot family law judge and call them on how F-in stupid they are they threaten me with contempt.

It is obviouse that family law dipshits (judges, lawyers, clerks, CPS, CSE, LMNOP ......) come from the bottom 10%ers of the legal profession and could not function in the crucible of private sector competition.

So ...... they make a career of leaching on the asses of the tax payer.

Grrrrr !!!!!!

IMHO of course.

WifeVersion2.0's picture

Well I have told DH that I will be there if he wants me to. I've warned him of the following:

1) My being there will very likely upset his ex as she knows I work and is likely not expecting my attendance.
2) I will likely be asked to stay outside in the hall as I'm not a party to the case. I'm happy to do this allthough I'd pay big $$ to be a fly on the wall just to hear what comes out of BM's mouth
3) The Judge very well may not like the fact that I'm attending.

DH said he doesn't care. We are a team, and we will present a united front.

Really our case is VERY MINOR compared to some. DH and BM had followed a regular schedule of EOW: Friday night - Monday morning and Wednesday overnights from about 2003 - 2008. In the summer of 2008 DH and BM had a falling out and BM jerked back all the extra time and forced them to go exactly by the court order that was established in 2002 which only give DH EOW Saturday morning - Sunday evening. Doing so reduced DH's parenting time by an average of 100+ overnights a year.

He tried to reason with her, tried to negotiate (even has a handwritten note by her as to what she would like to modify the visitation to) and then she backed out and wouldn't change the court order. She's given him an extra overnight here or there but only when she needed someone to care for the kiddos.

So, his petition is for:
1,3,5th weekends: Friday at 6 - Monday at 8:30am or when school starts
Extended visit if 1,3,5th weekend falls on a holiday
Wednesday at 6pm - Thursday at 8:30am or when school starts
All of which they had been doing for 2003-2008.

In her answer she agreed to the Friday night p-ups EOW but she wants them back on Sunday evening at 6pm.
She agreed to the extended holiday visit.
She disagrees with the Wednesday overnight.

She has no valid reason for taking back the visitation and I can't imagine the Judge is going to be happy that she did one thing for 5 years with the kids and then decided to take that time with their dad away from them (after they had established a regular routine) for no reason other than "she wanted to".

Anyways, it makes sense to me that we will win this battle but I've been around the system long enough to know that sense doesn't always prevail. Sad Any other advice is GREATLY appreciated!

Tx mommy of 3's picture

What she is asking is actually what is standard in my state. 1,3,5 weekends beg fri night ending sun night plus a few hours on Thursday night. Also extended weekends if it does fall on a school or federal holiday, plus extended visits in the summer. It actually sounds reasonble to me. Just saying, in case they do rule in her favor. Does this include summer visits?

WifeVersion2.0's picture

Yes, he is asking for basically the standard in our state. However, the standard is Wed. 6-8pm, not overnight allthough there is an option within the last couple of years that if the NCP selects the overnight option at the time of the initial order, it can be granted.

DH got SCREWED in the original order. Got Saturday am - Sunday pm 1,3,5th weekends and Wednesdays from 6-8pm and Sunday 9am-6pm on the 2nd & 4th weekends. Summer, he gets the whole month of July, Holidays are alternated like most states.

BM drug out the divorce for 2 years (temporary orders provided her with spousal support in addition to CS to terminate upon the divoce being finalized) not a whole lot of incentive there to finalize the divorce! He didn't pay attention to what he was signing as by then they has already settled into their own routine with the kids (they'd been living apart for 2.5 years by then) and they were getting along.....so well that she slept with him the night their divorce was officialy final and the next two nights as well. :sick:

logiebug13's picture

I agree with you all that the court system is screwed up. Unfortunately there are more idiots out there that dont give a shit and only care about the retainer fee rolling in their pockets that the few good ones remaining are looked on as big of assholes as the others. I work for a small firm with a specialty of family law. the attorneys where i work bust their asses to advise the clients of the law and remind them to think in the best interests of their children. they work hard for global resolution to their cases and often dont get paid.

I was just stating my honest opinion from what i have personally seen. Judges frown upon the new spouse, bf/gf in the court. Often times it can piss off the other party and the small issue you think you are going in on turns into a 3 ring circus. It is not just brining in the new spouse, it bringing children, mothers, brothers friends etc etc etc. They prefer the two parties and their attorneys unless someone else is subpoenad otherwise.

it is undertanble wanting to stand by your DH and put up a united front but sometimes taking the high road and being supportive behind the scenes will get a much better result.

Think of how it looks... your DH shows up to court professional, well dressed and ready for his case. the BM shows up with a bunch of ppl that the judge finds inaapropriate.. that goes into the back of the judges head when the decision is rendered.

Whatever you decide. Best of luck, i hope you guys prevail!

stormabruin's picture

When I go with DH, the only people who go into the courtroom are DH & BM & their lawyers. Is this frowned upon?

There is quite a difference between a DH showing up to court professional, well-dressed & ready for his case & BM showing up with a bunch of people that the judge finds inappropriate. Why is it a problem for DH to show up professional, well-dressed & ready for his case accompanied by his wife...also professional, well-dressed, & sitting in the waiting room?

Rags's picture

Logie,

You and your firm are the SECOND family law practice with a brain that I have run in to in my 16yr family law odesy with my son's (SS) SpermClan.

Good for you.

We went through several lawyers before we got our current guy.

We walked in to his office for our consulation. He listened to our story for five minutes and said ..... "Before I accept you as my clients I have some questions."

1. What specifically are you looking to accomplish with this action?
2. Are you doing this to screw biodad for for the child's best interest?
3. How seriouse are you about this? It will take significant time and money to accomplish what you want and even then we may not be entirely successful.
4. If I do not believe what you are trying to accomplish is right or possible will you at least listen to the alternatives I present to you?

We answered his questions and I pulled out my checkbook and gave him a retainer. He took it.

He is not cheap but he is far cheaper than the previouse morons who would listen to my wife vent and cry on the phone about her frustrations then would send us a bill after doing absolutely frickin nothing.

Our guy gets shit down directly and promptly. He is no BS and he goes straight to the SpermIdiot with his alternatives "Do this or we will take you to court and present the following facts regarding your actions and behavior ......... Do you want your kids and your parents knowing about this?"

The, BioDad whines and cries, calls his mommy, they both rant and then ..... do what they are told. They absolutely freak out when they get an envelope with our lawyers letter head on it.

Gotta love a good lawyer/practice. Particularly among the masses of the usual family law dipshits.

I look forward to hearing your perspective on SParent issues from the perspective of a family law professional.

I promise I will be nice no matter what. Wink

Best regards.

logiebug13's picture

In our state the court is open to the public unless a special hearing. Perhaps that is the difference. Not good to show up with a posses when the court is already packed full of other ppl waiting for their cases to be heard.

I cant explain the way the judges think, i just know where i work we always strongly reccommend the client to come by himself.

stormabruin's picture

"In our state the court is open to the public unless a special hearing."
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Even in J&D court??? I thought those were private, simply for the fact that it involves minors.

logiebug13's picture

juvinile court is private. divorce court hears matters two ways... calendar matter - which is open court for small quick matters, and special assignments i.e assigned hearings etc are closed.

childrens names are not disclosed during calendar hearings etc. just referred to as minor child(ren)

WifeVersion2.0's picture

This is actually going to be a pre-trial conference. It is the 1st step since she didn't consent to all of our petition (she agreed to 2 out of 4 issues).

According to the Court Coordinator, small issues (like ours in her opinion) can be ruled on by the Judge during this time. If the Judge thinks he is going to need more information or more than 15-20 minutes then he will schedule us for an actual trial/hearing.

I'll update you all tomorrow with what transpires. Court is at 8:30am Smile

stepmasochist's picture

I've gone every time to support DH. I never considered not going.

Our (as in the U.S.) court system is open to the public - mostly. That includes family court. A judge has to show very good cause for closing court. Not all proceedings involving juveniles are closed. Your lawyer can find out for you or you can call the judge's secretary (not just some random clerk) and ask. The only people I've seen who were told to wait outside for criminal trials were witnesses and BM and DH haven't had any of those (criminal trials or witnesses that is ;)).

I don't think our judge minds. I'm sure BM and her BF do when DH's lawyer waves me into the meeting room when they have to go to their respective corners to negotiate via lawyer.

If you go, get yourself situated in the audience section early, be sure and turn off your cellphone. Our judge will tell you if your phone rings, he'll keep it and he really needs a new phone. Be prepared to stay for the whole duration, judges hate people coming and going. Also, stand up when the judge enters and leaves.

stormabruin's picture

Hmmmm...every time we've gone to court, it's been a closed courtroom. I figured it was that way everywhere. Seems odd, then, that if it's an open courtroom a judge would be upset by the spouse accompanying.

stepmasochist's picture

Judges, like all officials, are people and they vary in whether or not they want the public to see them do their jobs (or not do their jobs).

stepmasochist's picture

Whether or not court is opened or closed? I really have no idea the intracacies of that. I just know that for the most part the U.S. as a whole has a mostly public court system - civil and criminal. I don't know what the specifics are for court to be closed. I'm sure it takes deciphering a lot of legal mumbojumbo which varies for each state to figure that out.

I was just being flippant in referring to why certain judges might frown on the new spouse attending.