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Case-worker meeting today was eh--what should our next step be (odds of her getting away with this)

IAmALady77's picture

A bit of back history: SO and BM changed the parenting time (it is CO'd) July 1st from SO having SD every Sunday overnight and alternating Friday overnights with Alternating Fridays from 5-9pm to a 2-4-2-4 schedule. SO has her for 2 days BM for 4 and so on. I have an entire year blocked off on the calendar.

Well now according to BMs "lawyer" she signed the agreement under false pretenses because SO "TOLD her that he would NOT be working on the nights he had SD".

What she doesn't know is that we recorded the entire meeting when she agreed to this and SO made it very clear to her that he would have to work some nights, but he would be leaving for work after SD goes to bed or shortly before while she is getting ready for bed. He isn't missing out on ANY time with her really.

Naturally, BM was pissed because SO showed up at the courthouse today to speak to the caseworker because she TOLD him not to go. Obviously he told her that hes not going to sign anything stating that hes not going to work on the nights he has SD because that is ridiculous.

So now BM is threatening to file a motion with the courts to change the parenting plan AGAIN. It's only been a month and a half since they changed it last.

What are the odds of her succeeding in this? The new schedule is WAY more stable for SD than the last one. BM wants to go back to how it was, or just whenever SO doesn't have to work he can see her, which is practically never.

If she ends up taking him to court do you think now is a good time to counter file for 50/50. I feel like we have a good chance since we've spent the past 2 years documenting BMs lack of stability and everything else.

Thoughts? What would you do in this situation?

Comments

overitall's picture

BM can not dictate that your DH not work on his scheduled days and lawyer should know this. I would call their bluff. & yes, if you go back to court, it wold be a good time to counter file.

IAmALady77's picture

I'd also like to say that I know that there is that first right of refusal or whatnot but I don't think a judge would grant that since he works nights and gets out at midnight you know? No point in taking her back to BM for a few hours...its ridiculous. And if a judge did grant something like that wouldn't that mean that BM would have to stop putting her in daycare and SO would be able to watch her during the day again?

IAmALady77's picture

No she doesn't know we have it Smile and I made sure the laws in MI allow recording of private conversations so no worries there. SO and I both knew we were being recorded just not BM so its legal. Do you think it would be admissible in court?