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Case tried in judge's chambers so far

momof3.2012's picture
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We've been in a court battle for full custody for almost four years. It started when my stepson was 3 months old and has taken so long due to us being stationed overseas for most of the time. Every time we've appeared in court, both parties attorneys have gone into judge's chambers and come back out with a "settlement" that in all cases except the last one, benefited the mother. The one time she showed up with no attorney, our attorney got the opportunity to question her on the stand and then she got the opportunity to ask my husband questions. After less than 15 minutes of this, the judge put a stop to it and gave her a continuance and told her not to come back without an attorney. She refused to take a hair follicle test in 2010, failed one in 2011 and again in 2012. There was a court date in August 2012, with a "settlement" that said no change to custody and there would be another hearing if either party failed the hair follicle test. She failed it, and when we went back to court, the attorneys went into chambers and came back out with another "settlement" which gave me full physical custody of our son and her to have supervised visitation provided she could pass a urine drug screening. She was supposed to pay child support starting the 1st of the following month. It's now been five months and no child support, only two visits, and some phone calls. Our attorney drafted the final 'order' about a month ago, said she would have two weeks to sign it and if she chose not to, he would have to file a new motion to modify and we'd be back to square one. Has anyone experienced anything like this, with court heard basically in judges chambers?

Orange County Ca's picture

Acting as her own attorney she has the right to confirm that the proposed order is accurate. Her failure to act on it should leave the court free to sign it out.

The case would not go back "to square one". If that were true no attorney would sign off on a order s/he didn't like.

Write a letter directly to the judge and ask him to sign out the order in light of the fact she has not approved it. I don't know if its required but I would have a copy served on her by a county Marshall or other third party and submit proof of that along with the letter after another month has gone by. I.e. give her a month to approve it before writing the letter. Perhaps that's already been done and if so then you can go directly to the letter.

I'm not saying it will work but it will get things moving again. I suspect your attorney would like to see this go back to square one to keep the money flowing.