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UPDATE: Court: Right of First Refusal

Madam Hedgehog's picture

We looked at the transcripts from the court meeting and the judge literally said that he was listing the Monday, Wednesday, and Friday hours from 7AM to 430PM under Right of First Refusal because he did not want to change the custody terms.

He honestly stated the reason was that he didn't want to change the custody.

So here's some questions:

1. Is this legal? He is manuevering the hours into a section where they don't belong in order to keep BM as the custodial parent even though we have the children 70% of the time.

2. Is there anything we can do about it?

3. How the hell do you get Primary Custodianship, or even a 50/50 situation on paper? DH's legal counsel told us to document everything and to get the kids for more than 50% of the time. Well, we did that. But the judge pushed the hours into Right of First Refusal instead of "custody" so they don't count. ???.

4. What is the point of documenting everything? We have been documenting for almost four years, and neither of the judges will look at any of the evidence. They both glanced at the CO and made a decision (the last one only looked at page 8 of the CO). BM fails to invoke her rights CONSTANTLY. She dumps them on us every chance she gets. She violates DH's First Right of Refusal left and right (when it serves her purpose, i.e. = making Dh look like a deadbeat dad to her relatives when she has to go to the hospital). But none of this seems to matter to the judges and they won't look at the evidence to begin with.

We are going on our 8th court meeting. 8. That is not counting all the other meetings that take place to sign papers and mediate and all that other BS. DH has been on court 8 freaking times.

Does this ever end?

????

Comments

Jsmom's picture

You need to get legal counsel. There is free legal aid if that is all you can afford. But, you need someone to get this turned a little more your way....

SerendipitySM's picture

I agree with JSMOM, please apply for legal aid and begin the process to change the CO and the custody agreement. The first thing I would also look to change is this ridiculous ROFR bullshit. The scale is tipped in favor of your BM and forever will be until you and DH take steps to try and change things. I know that you cannot afford it but please do what you can to get yourself good legal counsel, otherwise she will continue to milk you both for everything you are worth my friend.