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First steps in going for custody a bit of a bust....

northernsiren's picture

Well, as a few of you know, we had our first appt with a lawyer yesterday to discuss bringing suit against Bm for custody of SD. Despite all the research and work I had done, my F decided he didn't want me there. That kind of bothered me, but he explained it as he was afraid if all this went badly, emotionally in the end he might end up blaming me for pushing him, and, he felt like he needed to do this first step on his own. i got him the names of several lawyers, and he made an appt to meet with one for a consult yesterday, and it would cost $75.00. I tried over the weekend to see if there was any way I could convince him, as DesguizedAngel suggested, to see it as two heads are better than one, not put him down but just say we're stronger together, to no avail, he really wanted to do this on his own, so I didn't have much recourse.

well, F's 75 dollars bought him exactly 15 minutes of lawyer time with the woman nicknamed "the shark". In a nutshell, b/c he was not properly prepared, he came home completely morose, b/c the woman told him his best bet was to pony up the 3500 retaining fee for her, and hope BM couldn't afford/desire to the same. He's also have to pay half of SD's lawyer, so the idea is that he could hope to BUY his daughter for 5k.

All this completely flew in the face of the material I had both printed for him, and discussed with him. He said he didn't realize how short the time he had with the lawyer was, and before he knew it, he was being ushered to the door. I asked if he even had a chance to go over the papers I gave him with her, and he said no, it was the lousiest 75 bucks he ever spent. He was SO upset.

The big issue is that he didn't know the difference between probate court, and superior court. Most of the documentation I put together was for probate court. The process I outlined to him was for probate court. the lawyer didn't even DISCUSS probate court with him.

Now, I understand a lot of people probably go in there with no idea how much it's going to cost, and, like the dr's office, the money is the first thing that's covered so you don't waste their time. This woman has a reputation for being legally VISCIOUS, and quite frankly, for 300 an hour, I'd rather NOT beat around the bush. My feeling is I'm not hiring a therapist, I'm not hiring a best friend, she's not coming over for dinner, I need her to go up against the biological mother, who has the legal precedent on her side, and win, so while I might LIKE the fluffy bunny better, I'd rather have a shark for this purpose. Still, I think she could have used a BIT more patience with him, and given him more than 15 minutes, but hey, you don't get to be a lawyer by being nice.

Thankfully I had come home from work early to hear all of this, so I was able to drag him off the couch and down to probate court while they were still open, where we had the exact opposite experience, and I'm sure you can GUESS who did all the talking. Wink

The woman at the outset wasn't that friendly, but I suspect she was the same woman I spoke with the last time I called, so I hit some of the points that illicited a more personal response from her in the conversation I had on the phone, and tried my best to appeal to her wisdom from working at her job for a while (I think she was an admin of some sort). we were there for about a half an hour, and ended up with 3 people in the office talking through the situation with us, helping us with the forms, answering our (read my) questions, and in general, offering both support and advice, for free.

In the end, it appears that we can only go the probate court route if he does not have a pending case in superior court. He has to call this morning to see if that's the case. If he has a case pending in superior, their jurisdiction overrides probate court, and probate court cannot modify a dictate set at Superior. The only way to do that, is to cough up the 5k and go through Superior.

So we're waiting now to see what shakes down from the person he had to call this morning. If we can file in probate, we'll do it this Friday. If not we wait and see what happens when sara gets her reduced check. THEN if it comes to it, we try to find 5K to pay the lawyer, and hope for the best. The woman at Probate court had another suggestion for a different lawyer, so we may follow up with that lawyer, to see if the cost and or the method of payment might be different (i.e. not 5k upfront, maybe she'd let us pay less to have her do the filing work, then pay as you go for the court time, or something).

I'd like to think he realized after the trip to probate court that he was better served having me there. He made it a point to thank me, and tell me how wonderful I am. I hope he'll remember this in the future though, and not be such a MAN about wanting to do things for himself when we together can accomplish more....

Thank you guys for the support and advice through this, and for listening. It's far from over yet, but like some of you, I have NO ONE in my life who can relate to any of this, they're all unmarried, or happily married, or have no children. No one can even emotionally relate to this, so I'm grateful to have found a resource of people who I can relate to on these extremely emotionally charged issues. I was up for almost 3 hours last night, trying to view our home from a CPA's perspective, like how would they feel about what they saw? I'm sure I have a lot more of this to go too....anyway, thanks for being there...

Comments

Elizabeth's picture

Let me say that we have not yet had to go through court on this, so perhaps you have jumped the gun? BM filed paperwork through her attorney and we responded through our attorney. But we are trying to work it out among ourselves. Then, the resulting decision will be filed with the court. Sounds like the attorney wanted to go straight to court. If we went that route, we too would have to pay a sizeable retained to the attorney. But that has not happened yet. As I understand it, many judges require you to go through mediation before continuing a court case. So you may pay the large retainer and have the judge require mediation. Thus, it is a good idea to try that first and see if you can come to an amicable resolution.

northernsiren's picture

Vickmeister I have looked into some of it in CT, but I haven't found much that will help us. the site I found was fluffy "you have a right to be a part of your child's life" and how to be supportive stuff, not BM is CRAZY, and too busy creating new children to take care of the ones she has, so how the hell do you get custody of your child when all she cares about are the new ones....

Elizabeth that's what i was hoping for, maybe pay by the hour, that we could do. The deal with probate court, as i understand it, is that it's the alternative to jumping straight into Superior court, and a lawyer isn't even required, and it is more like mediation. if worst comes to worse, i'm hoping that the probate office can refer us to someone not quite so rigid in her fee demands. I can't believe how literally, at least in this one instance, it translates into BUYING your child....

StepG's picture

As you all know we are going for 50/50. BM answered our petition and is suing for us to pay her lawyer fees to defend herself. In addition our lawyer was straight up and told us that it will cost several thousand dollars. She was more than happy to work plan for payment on her services but when it goes to mediation ($250 per hr) and giving depositions ($500 day for court reporter to be there) all that has to be paid up front and usually by the person who is requesting the change. needless to say it was very discouraging when we left there yesterday. How willing do you think BM is to compromise?

northernsiren's picture

that concept, her suing us to pay for her lawyer, never came up, though I do know she can petition the court claiming hardship to get herself a court appointed lawyer. A payment plan never came up either. I think it's grossly unfair that we're supposed to pay a retainer fee of 3500 and hope that BM caves, so the lawyer gets paid all that money and never sets foot in a courtroom? Might as well do it myself!

Now I'm worried, I know BM is going to fight like crazy, there is no reasoning with this woman at all. We just filed to have CS reduced, F has been overpaying for 8 years! He's hoping that when she sees that check cut so drastically, she'll decide that fighting for the money isn't worth it, and she can't support the kid on the money anyway, so she'll just let it go.

I doubt that'll happen. She's vindictive, and after flipping out, calling F every name in the book to everyone, ESPECIALLY SD, she'll fight that much harder to keep F from getting what he wants, and will probably withhold visitation too. Then we'll have to take out a loan for this (unless they take credit cards, LOL) and hire the lawyer.

I feel so sorry for the kids in these situations, I know SD loves us, and nothing her mother says will sway her from that, but her mother makes her cry with the nasty way she interacts with her almost every time SD is at our house, over STUPID things, (she'll call F's cell phone 6-10 times in the course of an hour to yell at SD about the most ridiculous things) to the point where SD gets upset, then BM has something ELSE to yell at her about, for being mouthy to her. Anyway, I know this is going to provoke some of the nastiest things BM has ever said about both of us, and I feel sorry for SD, having to be on the recieving end of it...