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No great news from the lawyer appointment

Caroline2b1211's picture

DH had an appointment with his attorney about SS situation and possible actions to take.

And the result is not great at all for DH. Long story short, DH explained all the situation (conflict with BM, MIL, SS who chooses when he comes etc..).

From the lawyer perspective, DH is in a bad position. Here are his options if he goes to court : 

- DH will never have full custody, SS is too old and judges won't see it as a benefit for him (new school, new friend, not seeing mom, conflict with MIL etc..)

-The most likely : DH could have "free visitation" ie SS could decide when he wants to come visit us (which is approximatively the situation now)

- DH could have official EOWE and half holidays. The laywer advice that this option could lead to worst relationships with SS because to obtain EOWE DH will have to request full custody. Which means showing and explaining how BM and MIL influence are toxic for SS mental health ie, social worker investigation, psychological analysis of all of us ect... finally, In that case, if BM and SS don't respect the court order, DH won't have many option. 

The lawyer invited DH to consider the option and insisted on the financial budget to such request. 

The situation is depressing for all of us. Next week, DH will see another lawyer to ask for a second advice. 

Comments

TheAccidentalSM's picture

I'm sorry it was such disheartening news for your DH.

But at least he now knows exactly what his position is.  Sometime knowing even if the news is bad is better than uncertainty.

Survivingstephell's picture

Sounds like he was honest and not one of those fantasy lawyers that make unachieveable promises and take your next born.  Have you considered dropping the rope and walking away from any visitation at all? Yes you will still have to pay but you will get your sanity back.