"Outcome" of court yesterday...oh, I'm back, baby!!!
So court yesterday was mostly a waste of time. Though it was good for a few laughs.
Apparently, since our case began earlier this year, they have rotated out judges & now there's a new one handling our case. So yesterday's hearing was just to bring the new judge up to speed on the situation. Nothing has been decided, so for the time being things stay the same until we get another court date, which the judge warned us would probably be months from now because they are extremely backed up. The judge really wants them to settle this outside of court, but I don't see this happening. My poor husband has tried everything to deal with BM & BM will not budge on what she wants -- full custody of SD9. And since my husband will not just hand that over now after all we've been through, it looks like there will be a nasty custody battle in our future. Oh joy, just what I need being pregnant & all!
But I've changed my mind on this situation. In several of my last blogs, I said that I was done with this & didn't care what happened. Well, after seeing BM yesterday & listening to her lies, I've been reminded that it is not in SD9's best interest to live full-time with BM. So if we have the chance to fight for custody, we absolutely have to. Obviously there's the chance that BM will win anyway, but at least we will have tried. And as a bonus, we'll get to FINALLY have people hear our side of the story....and that includes BM. Even if everyone else thinks we're lying, BM will KNOW that what we're saying is the truth. She can deny it all she wants, but she'll have to listen to us talk about all her wrong doings, neglect, arrogance, etc. And she will be PISSED just like every time someone questions her. Even if we lose, it'll be worth it just for that.
So here's a run-down of yesterday's events at court:
Two of my brothers came for support. And my father stopped by, but couldn't stay. BM was alone.
BM ate an apple casually just before we had our hearing. I don't know...this just seems odd...was she trying to prove that she was confident?
BM wore a frumpy flowery dress via the 80's that obviously came from a thrift shop. She wore high heels, which looked really out of place with that dress. I noticed that her accessories, however, looked expensive. She carried a really nice, designer-looking totebag (BM does not use purses) & was wearing pricey-looking amber earrings. I'm sure these were gifts from her rich boyfriend; too bad he couldn't have also bought her a modern dress! Oh, and BM was once again wearing glasses -- when she doesn't need them (she wears them because she thinks they make her look smart). This was obviously her outfit for trying to impress the judge.
In the short time BM had to speak, she spewed several lies. When the judge asked how far the drive was from our house to SD9's new school & my husband stated 45 minutes, BM objected & said that she had driven it & it was only 25 minutes. My mouth dropped open! (This is not physically possible.) The judge looked amused & asked BM if she drove a Ferrari. BM then went on to say that Google maps said it was only a 31 minute drive. Um, maybe from the school to our actual town, but definitely not to our house. Our house is about 15 minutes from town AND our road, which is private, does not even show up on Google maps.
BM also quoted incorrect dates & facts. Of course, since this wasn't an actual trial, my husband couldn't dispute every little thing. When we do go back to court, correct dates & facts will be important, and BM had better be prepared! This is where my attention to detail comes into play. BM has made fun of me for being like this, well, guess what...some of these small, "unimportant" details will matter! Unless BM gets her shit together, I can completely see her little world of lies crumbling...FINALLY.
BM had several long pauses before answering important questions from the judge. BM usually does long pauses for dramatic effect, but in court when you have long pauses it make it look like you're lying or afraid to answer the question. I'm sure the judge noticed this.
BM acted extremely smug during court. At the end, the judge was explaining how the court process would go from here & he was mostly addressing my husband because the ball is in his court. (BM moved & now wants full custody, so he will need to present his case on why this shouldn't happen.) BM apparently thought this was a victory of some sort. She sat back & had a smug smirk on her face. She probably assumes we don't want to go through the whole court process & will just give up custody. Nope! It's so on now...
So I'm announcing that I'm officially back in the BM battle now. I've always known that SD9 was better off with us anyway. I just wanted to make sure my husband was willing to stand up & fight. And he is. And I'll support him fully & remind him not to give in on ANYTHING. I'll toughen him up! I feel so much better now that I've decided this. It's like a weight has been lifted off my shoulders. I realize it'll be a long, rough road ahead, but that poor kid is worth it. I may not have been impressed by her recent behavior, but it really is all BM PASing her. I've always known that.
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>>>Oh, and BM was once again
>>>Oh, and BM was once again wearing glasses -- when she doesn't need them (she wears them because she thinks they make her look smart). This was obviously her outfit for trying to impress the judge.<<<
Our BM wears things to impress judges and important people. She wears a knee brace or ankle brace or our fave the neck brace. She even came in a wheelchair once.
This makes her look pathetic.
Our BM either is overdressed
Our BM either is overdressed in full Dolce & Gabbana regalia OR dressed like she just rolled out of bed, no bra, sweat pants etc. The latter description is what she wore to the last parent teacher conference yet she'll wear the designer crap, and a ton of makeup to SS9's baseball game???? I don't get it. She as well seems to thrive off of sympathy and illness. I feel sorry for her, she has alot of issues.
bioandstep2009...
Oh, same here. I understand people having different facets of their life, but BM thinks she needs to advertise which "hat" she has on that day. And when they overlap, it is truly scary! I've seen BM wear everything from "casual wear" (a too-short T-shirt with too-tight jeans) to "dress-up wear" (like what she wore in court...usually something very grandmother-like) to "party wear" (slutty low-cut tops, short skirts, bold tights, etc.). She has no style & no sense of what size she is supposed to wear.
She also thrives on sympathy & illness. I've heard the "I'm a poor single mom" line a thousand times. She plays it up so well that people will give her stuff just because they feel bad for her & think she truly is struggling. Um, not the case!
bearcub25...
OMG...the braces are one thing...but a WHEELCHAIR?! That's gotta be an all-time low.
Have you ever seen the show "It's Always Sunny In Philadelphia"? It sounds like your BM would fit in perfectly with the characters on there & the horrible things they do!
well...........
She was trying to get lifetime alimony and she did hurt her back picking up a piece of firewood and all.
In the end she couldn't produce enough evidence of a life threatening matter to get lifetime, but instead got 24 months of alimony. The judge told her that would help her out so she could finish her degree and get a good job to help support her kids. Shame she didn't take his words to heart, that would be so good for her and the skids.
I don't envy what you, DH,
I don't envy what you, DH, SD and even BM have to go through but I think you have the right attitude. You realize that things may not go DH's way in the end but you're willing to throw your full support behind him. That's awesome! I know it's been hard for me dealing with SS9 and his emotional/behavioral issues, and at times have entertained just giving up and letting him live with BM full time, but in my heart AND mind, I KNOW that he is better off remaining with us 99.9% with the EOW for BM. It truly is in his best interest to remain with us. So despite my issues with him, if it does come to court action, I will give it 200% effort to help FH keep his son.
Ha!
My skids BM is a real liar too. Good thing you documented all that stuff. I write down everything too, never know what will be useful or not! Time will tell...
She can be smug all she wants, judges are used to women like her. Let her behave like that, he'll get a good idea of what she's all about. Ultimately it's his decision. Just state the facts and hopefully it will turn out for the best of your SD.
"In three words I can sum up everything I've learned about life: It goes on." ~Robert Frost
Squeegie
What is the current custody arrangement?
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“Sometimes it's the smallest decisions that can change your life forever.”
middlemom...
They have 50/50 custody, both legal & physical. It has been this way since their separation over 6 years ago. BM now wants sole custody. Sorry if I'm not so great on the legal terms...I had to look them up to remember what they were!
What is BM's reasoning for
What is BM's reasoning for wanting sole custody? Unless there has been a substantial change in circumstances, typically judges prefer status quo. I'm not sure what the circumstances are in your situation, but just by reading your post, I can't see a judge changing 50/50 legal/physical that has been the status quo for the past 6years to sole custody. Just don't see it happenin.
________________________________________________________________________
“Sometimes it's the smallest decisions that can change your life forever.”
middlemom...
BM moved 45 minutes from us & registered SD9 at the school there without consulting my husband or going to court. And she told my husband after-the-fact that she registered SD9 at the school there. SD9 was with BM when school started, so guess where she started school this year? My husband considered driving SD9 to school from our house, but 45 minutes, then a 30 minute drive to work afterward means he would be late for work. There was no way around it. And if I were to do it, it would be a 45 drive to school, then over an hour to work & I am not doing that! (I used to drive over a hour every day just to pick up the kids from daycare & had to tell my husband I couldn't do it anymore.)
If you want the full story, go back & read some of my blogs. I know I write a lot, so you may want to skim through them!
Have you discussed meeting
Have you discussed meeting in the middle on the mornings that fall on you and DH's time? If you put that out on the table, there is a good chance it will be granted considering she was the one that moved and enrolled SD there without consulting DH.
_______________________________________________________________________
“Sometimes it's the smallest decisions that can change your life forever.”
I have a problem with this.
I have a problem with this. I'm all for compromise and finding solutions but the BM here sounds like she's not that way else she wouldn't have violated the father's rights in the first place and enrolled her daughter in school WITHOUT talking to him first. They're supposed to have 50/50 legal and physical custody and as such, those kinds of decisions can't be made by one party unilaterally as the BM did. And staying the same school district, maintaining continuity for the child seems to be a major determining factor when changing custody.
Squeegie, how's your SD dealing with schools being switched like this? And isn't there anything you guys could have done like getting some sort of injunction or stay (don't know my legal terms) to keep SD in the school she's gone to all this time?
bioandstep2009...
SD9 seems absolutely fine with switching schools & not seeing us as often. This kid is pretty much resilient...she just shrugs everything off & is happy-go-lucky. I think it's a little scary that nothing seems to affect her, but maybe that's just me! I think it probably helps that BM is bribing her with expensive gifts, kittens, tons of attention, etc.
There is no way SD9 could have stayed in the school she was in last year. BM lived in the town the school was in & we live in the next town over. So now that BM has moved, if SD9 were to live with us, she would have to switch to the school in our town. However, this school is at least in the same district as her old school, so in less than 3 years, she would be reunited with kids in junior high. Also, SD9 already knows several kids at this school & she would probably attend the after-school program there, which also serves kids from her old school. The school she is currently attending is in a different district & is too far for her to maintain her old friendships.
middlemom...
We haven't tried that option, though considering that BM has flat-out said no to EVERYTHING my husband has come up with, I can almost guarantee that she'll turn it down as an option. We've been through a battle just discussing meeting half-way every other weekend, so doing it daily every other week probably won't go over very well with her. As it currently stands, we drive 25 minutes to pick-up/drop-off SD9 every other weekend & BM simply walks across the street from her boyfriend's place. We're currently trying to change that to a half-way point.
The issue is that BM will not work with us. She wants things her way. Period. If you haven't dealt with her (or someone like her), you have no idea what it's like! She is impossible. This is why we're going to court...we need an outside party to decide what's going to happen. Otherwise, we have to just give in to everything BM demands.
I will mention your idea to my husband. Maybe he'll want to consider this & see if the judge would grant it. I think it's a good solution, especially considering the alternative (one parent having sole custody...especially if that parent is BM).
Half way sounds like a good
Half way sounds like a good idea. Though i doubt BM will take it. Half way would be just 12 mins for each parent--totally reasonable for the morning drive. Some kids sit in a car 4x that time to get to school.
Well considering how long
Well considering how long this may take in court, the child will have already been in this school for several months, I doubt the judge will want to take the child out of this school in the middle of the school year. I'm not agreeing with what BM did, but the judge is going to go with whatever is in the best interest of the child. And I highly doubt there will be a custody change based on this one incident alone.
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“Sometimes it's the smallest decisions that can change your life forever.”
Yeah, that's true. I see
Yeah, that's true. I see what you're saying about it taking so long in court and whatnot. It would be even more disruptive to take her out of the school in BM's area to put her back in the school that she was already removed from. The whole thing is truly unfortunate and BM isn't thinking of what's best for the child, but rather, what's more convenient for her (since she's the one that moved).
bioandstep2009...
You hit the nail on the head: "The whole thing is truly unfortunate and BM isn't thinking of what's best for the child, but rather, what's more convenient for her (since she's the one that moved)." This is EXACTLY how I feel about all of this. BM NEVER takes into consideration how her actions will affect the kids (she also has another daughter from another relationship). BM does what she wants, hurts who she wants, tells the kids things they do not need to know, etc. She took her other daughter away from her father, as well. And she played the same games with him, also.
My husband & I really want to know WHY BM moved where she did. BM claims that her new place is closer to her work, the kids' schools, her boyfriend, her family, etc. Well, we mapped it out & she's only 6 miles closer to all of that. Seriously, that's like less than 10 minutes closer. So my husband has concluded from the beginning that BM moved there solely to take SD9 away from him. There is no other reason that we can see. And yes, BM moved in the opposite direction from us, so even though it's only 6 miles difference for her as opposed to her old place, it's a hell of a lot further for us.
middlemom...
And this is what BM has been banking on! I can almost guarantee that her lawyer advised her to drag out everything in order to stall going to court (which BM did). It's unfortunate that we didn't realize at the time what was happening. (We've had a lot going on...settling into our new house, finding out that I'm pregnant, etc.) But I think this is why BM immediately registered SD9 at the school there. I don't think BM was even living there yet. She knew what she was doing.
My husband & I are worried about the judge thinking this way, too. However, my husband keeps saying that if it's ok for BM to take SD9 away from him after he's been in her life at least every other week for over 9 years, then why wouldn't it be ok to remove SD9 from a school that she's only been attending for a few months? I think he has a good point there. I doubt the judge will see it that way, though.
I'm not sure what you meant by this: "And I highly doubt there will be a custody change based on this one incident alone." Do you mean that the judge would order my husband to drive SD9 to school there to continue the 50/50 custody? Or did you mean something else?
I'm not sure what you meant
I'm not sure what you meant by this: "And I highly doubt there will be a custody change based on this one incident alone." Do you mean that the judge would order my husband to drive SD9 to school there to continue the 50/50 custody? Or did you mean something else?
-------------------> I don't believe the judge would order your husband to drive SD9 to school, I would assume that based on the fact that BM enrolled SD in the school without consulting your DH, that she would be ordered to provide the transportation to the school on your DH's time, probably requiring her to meet your DH halfway. I don't believe that because she decided to take it upon herself to transfer the childs school, that she will be granted sole custody. The status quo has been 50/50 for the past 6years, I think the last thing you would have to worry about is the judge going against status quo just based on changing of the schools that was done by the BM without DH's consent or knowledge.
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“Sometimes it's the smallest decisions that can change your life forever.”
I think she doubts that the
I think she doubts that the jusge with change the 50/50 custody just becuz BM changed her school.
She is going to need a better reason, I hope. If BM just had to move to get FC and CS (which is what she is after) than they all would do it.