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Scripting from BM, time's almost up to respond to custody petition

Nymh's picture

When BF went to pick SS up yesterday, BM was sure to tell BF that SS had "some things that he wanted to tell BF." When they got on the road, BF asked SS what it was that he needed to say. SS said, "I'm supposed to tell you that I've been having headaches because I'm stressed about the custody stuff." BF asked SS if he even knew what "custody" meant. SS said no. BF explained what it meant. He talked to SS about how if his Mom didn't get a job, that SS might be coming to live with us for a while and visiting BM every other weekend. SS said, "that might not be too bad." BF asked him what else he needed to talk about, and SS said a couple of other things ("I'm supposed to say that...").

She was served on the 11th of last month with the petition to modify custody, and still hasn't responded to it. She had 30 days to respond. She keeps telling BF that they "need to talk about it". BF has told her time and again that he has nothing to talk to her about. If she wants to keep custody so bad, then she needs to get a job and clean her house and he'll drop the petition.

What happens if she doesn't respond to the petition? I'm suprised that she didn't automatically say no as soon as she could. The fact that she's drawn it out so long makes me wonder why she's done that and what will happen if she doesn't respond at all.

Comments

bellacita's picture

if she doesnt respond, ur DH automatically gets what he wants. thats what we were told when we were served...we had 30 days to answer the motion or BM wouldve automatically gotten everything...which included supervised visits bc i was abusing SD! what a joke! her motion was so ludacris...she even put lies rite in the pprwk about a wkend that wasnt even FHs! anyway i digress, but tahts what we were told.

"Given the right reasons and the right two people, marriage is a wonderful way of experiencing your life."
~the late great George Carlin

Rags's picture

Nymh,

Sorry to hear about the manipulative behavior of the BM in your blended family situation. Putting that kind of toxic crap on a kid is detestable in my opinion.

It sounds to me from the tone of your post that your DH and SS have a good relationship and that the child feels comfortable discussing the truth when he is with you and his Dad.

I recommend that you and DH document this type of discussion in a journal in case you need it in court in the future. We have maintained a fairly complete journal of conversations between my wife and my SS's bio-dad, BioPaternalGrandParents, and conversations where my SS has spoken about his SpermFamilies behaviors and comments when he is on visitation. We have also recorded nearly every telephone conversation between my wife and my SS's paternal family. In our former state of residence it is legal to record any conversation that you are a party to without notifying the other parties. We also have a picture file of the poor state of hygiene my SS would return from visitation in including diaper rash so severe that he had bleeding sores on his rump and anus.

All this has come in handy in court whenever SpermDad is attempting to abdicate his responsibilities to my SS or SpermGrandMa is trying to get custody.

We do not initiate discussion of these types of issues with my son but we do not avoid referring to the facts associated with his bio-dads behavior when he asks. And we sure do reference them liberally when SpermDad forces us in to family law court.

Good luck and best regards,

StepG's picture

when we filed our petition what if BM does not answer and our lawyer said that basically the judge would "smack her on the hand" for not answering. Above Rags posted to keep journal. We have kept a journal faithfully. We are now in the discovery period as BM has responded to our petition. Our documentation at this point is only being used to back up the answers to our Admissions and Interragotries that BM's lawyer has sent us. Out lawyer has stated that we would not present our book of documentation in court as it is still our word against hers. However she said that the judge would be more proned to believe what was documented b/c we actually took the time to record it and believe you me we have countless hours poured into the documentaion we have. We have bought a recorded and we are going to start recording our conversations even though may not be admissable our lawyer and hers may hear them. Our petition claimed 4 major factors. 1.) BM interferes with SS and his father's relationship by cursing to father and about father in front of SS. 2.) BM does not give SS his daily ADHD medication on daily basis as prescribed. 3.) BM and her boyfriend have a volitile relationship and they act this way in front of SS 4.)SS and his school attendance and work. SS missed 18 days of his first grade year and was tardy 9 times. Now BM responded to the complaint that no change in circumastance had occured and she brought up all the past from when they divorced to the first year after that. The only current complaints that she had were that we lived 25 miles from SS school and he has to get up too early(which we do all traveling and SS gets up later at our house than he does hers) and that father curses mother on regular basis in front of SS. Now that is where our documentation will help us as we have all the conversations documented. There are days I feel very low about it all and days I feel real good about it all. We just pray that God will allow what is in SS best interest to happen. Oh and be careful on asking SS too many questions. BM complains the only reason we know these things are because we question SS. We ask how are things going when he comes out moping and it is up to him what he tells us.

Hate you have all this stress and are so close to having baby! Good luck!

DESGUIZED ANGEL's picture

In Texas, if she didn't respond to petition in 30 days, you could take a default judgement against her and get everything you asked for in the petition!! You would have to make sure that you showed she was served and you would have to note that in the default order!! Call the courthouse or your local legalaide office to ask if the "30 day" rule applies in your area. Be sure when and if you take custody of SS to obtain an Order for Termination of Childsupport, just to be on the safe side Smile Congrats for you!!