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Finally We're One Step Ahead of BM

TexasBelle_80's picture
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Three weeks ago SD13 called our house and said she wants to live with BM full time and not do the 50/50 with us like has been the arrangement. SS6 and SD7 are still going to be on the 50/50 but SD says that she "hates" me. DH says fine, I'll let her stay full time with BM but there needs to be a court order before it happens. So BM files the motion to modify and states that SD13 dislikes me, that I cause drama in her life and that she gets zero private time with DH because I'm always there.

Yes, I'm always there. I'm his wife. My DH is military and will be leaving this spring for possibly 18 months. So I spend EVERY second I can with him. WE also have a total of 5 children in our house. No one gets private time. I can't even have bowel movement to myself. Who the *%#@ does this kid think she is!

DH originally said that SD13 could live full time with BM but after reading the amount of bullshit that BM wrote about me, he decided to say screw that. He doesn't want to make life so easy for someone that is saying horrible things about his wife. (Yea Hubby) I have a legal background so I typed up an opposition and a cross motion to dismiss. In Alaska, it is stated that their must be a substantial change of circumstances to be able to modify the original custody agreement. She's already tried to get sole custody of the kids once before and I creamed her ass with this rule before. The rule also states a child should be of the age AND capacity to make a preference. Well, she's of age but she's an idiot. So there goes that one out the window. Anywho, we filed the motions and are positive that they will be granted again. Well DH gets a call from BM this afternoon. And low and behold.... she's going to file for a voluntary dismissal on her own. Now, this doesn't sound right to me. I'm pretty sure she has something up her sleeve and I don't know quite what it is. Because I was expecting a melt down of epic proportions.

I'm just sitting here, waiting for the storm to hit. Or maybe...just maybe she decided that she's been defeated this go-round and has decided to be mature and gracefully back out. What do you guys think? Anyone been in a similar situation? How did it turn out.

If you're wondering about why I soooo dislike this kid, you can look up my previous posts. i.e. putting her cat in the microwave and turning it on, telling BM that I force her to call me mom, trying to blame me when she didn't make the basketball team. I've told her to her face that she is a pathological liar. Every word that comes out of her mouth is a lie. UGH. Anywho, that's that.

GoodbyeNormaJean's picture

I'm also in Alaska and as in a case where it's 50/50 shared custody, even if the kid is old enough to have an opinion the judges have been hesitant to remove time from a parent that doesn't voluntarily give it up. My older brother's wife ran into this when her son was 14. He didn't like the rules at his bio dad's house so he wanted to live with his very permissive mom full time. The dad disagreed. There was not a major change in circumstance and the motion was denied.

Anon2009's picture

Keep on using that legal background of yours Smile

See if you can get something in the court order about SD getting help. She put her cat in the microwave? That's scary and she's screaming for help.

Jsmom's picture

SD has been a Pain and BM realized that she doesn't want that full time. We gave up custody of SD14 8 months ago - same situation. I guarantee things are not as perfect at BM's as we have been made to believe. We have found out that she is beating up SS and is now on anti-depressants for anger issues. Trust me, BM is regretting her decision. You need to use that change of mind to your advantage when she is being a pain in the future. Her memory will be short about SD when things are going well. Remind her of this stunt.

Personally for me, life has been better since SD left. The tension left the building. It was amazing how much drama that child created and how many arguments she caused DH and I.

StepKidto3Momto3's picture

Maybe BM's attorney pointed out that when dad deploys in the spring, she'll have all her kids full time and that a court case to change custody might take almost as long and cost $$$.

mom2five's picture

I also have a legal background. I'm not an attorney. But I do have a B.S. in legal science/legal studies. And I've worked in family law for years...too many years. Like you, I tend to be very suspicious of stuff like that.

She is going to motion for a dismissal on her own? My first thoughts....

"She is going to file" is not the same thing as "she filed". I would want to see the damn pleading before I believed anything she said. Could be an effort to catch y'all off guard.

Or, an attorney has told her that she might get hit with court costs and legal fees.

Or, she doesn't really want her daughter with her full time after all.

Be careful. Remember..."In God we trust...all others need a hand receipt." An old Army lawyer I worked for used that phrase all the time.