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Has anyone ever lost custody in court because an ex is being a bi***

GoingNuts's picture

In December my H has to go to court. My h's ex is only giving her opinion on everything and not evidence. We have had a GAL and he seems to take our side on this case. There are 3 children in our family and we don't feel that it would be right to take the SD away from her sisters. Please help it is killing me to think that she will win just because.

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sparky's picture

People don't win court cases just because. There has to be a very good reason to switch custody from one parent to the other.

GoingNuts's picture

My h got 50/50 custody the last time we went to court. She tried to lie and say he didn't want anything to do with his daughter and even went as far to say that I hit my SD and locked her in her room. She will make up anything. The judge told her that she had no evidence and awarded 50/50.

I guess I worry to much about this case as if it was my own daughter. I don't understand how you could put your children through this just because you want more time, money and need someone to sleep with at night. I really feel for my SD because the ex is saying that she don't want to be at our house but we have notes that SD has written at school saying ( Please I love you I don't want to go back). I just hope our GAL sees through all of her lies and sees that she is only being selfish.

wildlife's picture

Court mode is the most stressful of all the situations we SM's find ourselves in, IMO.

You poor thing. Try not to think about it too much and occupy yourself with something else while you wait. Come here often. The ladies here will help to keep you calm until court. It sounds like things will go your way anyway. If the GAL sees that your SD is happy with the arrangements already in place I see little reason why anything should be changed.

Colorado Girl's picture

and am having every fear that you are. BM is taking us back to court/mediation to increase her parenting time.....just because. (The real reason is she wants more $$$) She has no reason except that she wants more recreation time(we have them every weekend). Our lawyer said that she probably won't be able to accomplish this, but when it goes before a judge it's always a crap shoot.

So no advice for you here, just a sympathetic shoulder. Hopefully, we'll both have good news in our future.

"Life isn't about waiting for the storm to pass...It's about learning to dance in the rain."

GoingNuts's picture

That's basically what our attorney told us too. It just depends on the judge. I just spoke with the attorney and we have to privde all check copies that were written for the last 3 years and photos. Don't worry I will be sending pictures of me and my h kissing. FUNFUNFUN.

Sita Tara's picture

BM was irresponsible (always leaving 10 yr old SD alone in public places for several hours at night while she went out with BF.)She was highly confrontational, argumentative and refused to discuss anything regarding SD with DH (would hang up on him all the time rather than calmly discuss anything.)She wouldn't allow SD to call DH when she asked to. During the case BM would allow SD about 2 minutes to talk to DH and then wouldn't allow SD privacy or to even hold the phone herself. She would start fights over everything and physically threatened SD. She would try to manipulate SD through buying her things or promising her things. The last straw was that if SD picked a high school convenient to BM she would buy her a car. We had enough.

But it came down to SD's psychologist and the ad litem. Ad litem's report read as follows,

"Psychologist believes BM to have self-centered approach to relationships interfering with BM's ability to collaborate with Father or minor child regarding best interest of child....
Psychologist believes BM has difficulty understanding perspective of minor child

[HERE's THE BEST PART]

Psychologist notes Father and Stepmother collaborate well together, communicate honestly with minor child as well as have age appropriate rules for minor child. Psychologist believes collaborative environment is necessary to raise a healthy adolescent, and Minor child has best chance to flourish in Father and SM's home.

Therefore it is the opinion of this GAL, that Father be granted full custody with BM to have scheduled companionship every other weekend and one weeknight."

This report came out a few days before our trial date. And the day before court I got a call from our attorney while DH was still at work. Attorney said, "She's caving."

Music to our ears. We think that she was so afraid to have a psych exam (we had requested a psych exam in the initial suit)that her attorney must have told her the judge would likely grant one based on the ad litem/SD's psychologist's thoughts.

Though the inside of the court room and hearing our bull dog attorney rattle BM on the stand would have been musical too. But it was over Smile
Peace, love, and red wine

Conflicted's picture

We have a CASA (Court Appointed Social Advocate) currently assigned to our case and the waiting and not knowing what will happen is literally driving me crazy!

It looks as though the Casa is siding with us and is seeing through bm, I wouldn't be surprised if she came back with something similar to the conclusion zenmom's psychiatrist came up with.

Still we don't know anything for sure and it is very hard. I seriously considered calling a psychic just to tell me what the outcome was going to be!! UNFORTUNATELY, they are lying about that whole free 10 minutes thing, lol.

We WANT bm take a psych evaul so badly because we truly believe it would show her true colors and further validate our side.

I know how you feel, this is very hard.

GoingNuts's picture

We were just informed that the GAL has not met with the Bm. Why would the GAL meet with us and not BM? When is your court date? Ours is in December. I will let everyone know how it turns out.

Sita Tara's picture

They should meet with both of you. Ours was very fair, unbiased, listened to both of us for as long as we wanted to talk. Funny enough, it turned out that we talked for hours with her while BM only talked for 20 mins or so. When that report came back we had so many things in it and BM had like two. One of which was this-

When they divorced the agreement said that BM paid for before/after school care. DH paid for weeklong trips/camps.

Nowhere did it say who paid for summer care.

So the first year DH paid for almost all of it b/c she refused to pay any. They had put SD in a "Fun and Swim Camp" daycare at a local swim club. B/c camp was in the name BM stated DH had to pay for ALL of daycare.

The next year I stayed home. So DH wasn't even USING daycare. He offered BM to drop SD off here every day (which would have sucked for me but I was here with my sons already so it made financial sense.) BM stated, "No way will SHE watch my daughter on MY day" (-side note- unless SD was sick and BM would have to miss work. Then she would drop her off to me every time.)

Anyway, DH refused to pay any of daycare the next two summers.

Throughout the court case all BM kept telling the mediator, the ad litem was that she was owed an amount that she said was one summer, but was actually the amount for both summers. During the whole nine month process, BM brought this up over and over again, along with the fact that she thought DH husband wanted full custody to get out of 500 bucks a month child support. She spent THOUSANDS trying to get about 1500 bucks for daycare costs. Crazy. But once again it was clear that the case was about money for her.

Now SHE pays us 365 a month Smile We keep 500 bucks a month. In the first year we figure we will have broken even with the cost of the case. And now that she won't even buy lunch for SD on her days (let SD go without lunch when she came from her house several times before I knew.)

Good luck. If you stay active in your case it is entirely helpful to the outcome. Sounds like BM is very active.

Oh- and ALWAYS ask for a psych eval. A lot comes out of it.
Peace, love, and red wine

Conflicted's picture

Our court date is in November. I am so scared. The CASA has met with both sides and has spoken with most of our contacts.
It really seems as if things are looking good for us but I don't want to get my hopes up.

BM just married also and is now moving out of her parent's house. I'm scared because she has NEVER taken care of the kids, she has always pawned them off on her parents, her sister, my mother-in-law, anyone just so long as she didn't have to care for them.
Well now she has moved 1-2 hours away from her family and will be taking "care" of the kids herself.
That is truly a scary thought.

My mother-in-law is going to bring that up to the CASA.

This waiting game and not knowing what is going to happen is KILLING me. I know that its out of my hands, I have done my part (in terms of supplying information to the CASA) and now I have to hand it over to God. It is sooooo hard.

I really feel for you, you're in my prayers.

Sita Tara's picture

First a Ques- is this a pre-trai or trial date? We had about 5 pre-trial dates before they ever set a court date. So if it's pre-trial relax b/c I don't think anything is ever settled until final court date is set.

And that last part you mentioned, "handing it over to God" is tough, but necessary. I had this calm feeling at times that we knew we were truly doing what was in SD's best interest. As a matter of fact when we got that first ad litem report BM stated that she should have full custody instead of us b/c SD stated she wanted more time with BM (we had SD EVERY weekend and BM only had her M, T, and W before/after school.) We knew SD felt this way and accepted it was b/c she thought her mom would change if they had more time together. She also stated it to her counselor, who respected SD's feelings, but also knew BM wouldn't follow through.

The day we read the report my DH said, "Should we call her bluff and say fine have full custody?" I said, let's see if she actually counter files for it.But it was the first of many times we literally said, "Ok God, you do what's best. We'll accept however it turns out b/c it just has to change. For better or worse it does."

She didn't of course. Then when they went through court ordered high conflict resolution counseling, DH called her bluff saying, that SD "wants to go week to week instead of the current arrangement." BM said NO way could she have her that much. So DH pushed for her to take her every other weekend. BM only would agree to the second weekend of the month, THEN took less weeknights. It was then perfectly obvious to GAL that BM was not sincere in wanting more time. With the new schedule BM had a few LESS days a month. And when she wanted her extra over the holidays she wanted that to count as her weekend. The mediator said "No...those would be extra." So for Nov/Dec BM did have SD half the time for the first time. And that didn't last before SD and BM both changed the schedule. Ended up that Jan/Feb/March/beginning of APR BM saw SD about 10-15 days TOTAL. And this was all confirmed to GAL through psychologist as well as SD.

She shot herself in the foot. Final straw was BM telling SD that she finds out everything SD confided in GAL and Psychologist. SD admitted it to Psychologist. GAL did one more home visit b/c BM moved (again!) and asked SD if she wanted to speak alone. SD was adamant she didn't (b/c she didn't want to be grilled by BM after GAL left.)

We were pretty sure we had her then.
Peace, love, and red wine

Conflicted's picture

Have her I mean??

Our BM is also shooting herself in the foot. She continues to speak about innapropriate adult subjects with SD and SD reports that to the CASA. Casa has seen that SD is afraid of upsetting BM and that SD doesn't want BM to "get in trouble".

BM is placing SD in the middle of our 'adult issues' and it is showing, God I hope we have her.

Sita Tara's picture

My best advice to anyone is to get the child to a counselor and go WITH them. Our SD's psychologist was integral in our winning. And she was really wishy washy in the beginning as to us going for custody. But by the end the pressure of the case brought BM's true motives out in broad daylight.

Also, SD's principal spoke with ad litem. She was a little less open about her feelings toward BM than she had been to us (disappointing, but I think she was worried about dealing with BM if we lost b/c she was THRILLED when we won.)However she did confirm some things we said. For example, BM did not bring SD to a manditory meeting of SD's class for parents and students b/c of some mean girl behavior (which SD was a main instigator in.) DH and I came, but it was BM's night with SD and SD had been bragging to the other students at school that day that her mom wasn't making her go to the meeting. The principal overheard and had SD's teacher call BM TWICE to emphasize how important meeting was. BM said they had special plans that night but would try to make it. WHen DH and I showed up at the meeting, I passed SD's teacher and said, "Are they here????" and she said, "We'll talk after." That was when we found out the lengths they went to get BM to come to the meeting. Later, SD said they got dinner and went home. No special plans.

BM also would agree to things like school basketball team and then not take SD to any practices, as well as convince SD she wasn't very good at it and to drop out of the team (SD is VERY athletic.) She wouldn't let DH know so he could take her. That was another big one. One practice BM took SD to a movie instead and said, "Wasn't that better than practice?"

BM also yelled at SD often for saying "lies" about BM to GAL CPS to get her into trouble. It worked and SD clammed up toward the end. But that only illustrated the truth to the GAL that BM was manipulating SD. By the way, I believe that's alienation from counsel or something like that. And it's not tolerated by the court.

Take heed in this though....it is a LONG process and I think the courts keep dragging it out hoping that the Bio parents resolve it on their own. Essentially that's what we did, b/c BM caved the day before court. I also think it's kind of wrong and the courts milk parents out of a TON of money. The GAL cost us a couple thousand by the time we were done. But...she was well worth her money.

Oh and by "we had her" I meant we had BM right where we wanted her. DH said throughout the case, we were working with a "cooperative enemy." (He was in the military Wink

Peace, love, and red wine

GoingNuts's picture

Has anyone ever dealt with a judge in this type of case? I really think that the reason they asked for photos is because they are grasping at straws because they have nothing. I am so drained by this.

help's picture

My husband an I have my sk since they were 2 and 4 60-70% of the time. I am a stay at home mom and we have two other childen together. The kid's have all grown up together and been in school together since kindergarten (with the exception of one year and step child failed that year)First year of school. We had no problems for almost ten yaers and then bang out of the blue bm serves papers wanting primary custody of one of the two children. The child wants to be with her because the bm has not ever been a constant part of her life. Now we are in a horrible court battle and we just had pretrial. We submitted our witness list and evidence of bm uninvolvement however we just found out that the bm did not submitt anything NO WITNESS NOTHING. What happens now? Can she file a continuence or can she not use anything? We have been taking child to a counslor and she believes it would be best for child for us to have the kid's more and have full control of education and medical. We put her on our witness list. This has been going on almost a year and it is killing me. Does anyone know what to do?

Conflicted's picture

I can't imagine why else they would want your family photos? But really, what can they use the photos for?

I would take peace in the fact that they are indeed grasping for anything at this point; which means that they don't have a case to begin with.