Blended Families
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settlement conference was a giant mess!

xw decided that she would bring dsd with her against dsd's will after being advised by both attorneys that it wasn't good for mikaela.  we called mikaela and told her that we would refuse to participate and either reschedule or skip straight to a real hearing, but she assured us that she would rather go now and just get it over with.  we asked her REPEATEDLY if she was sure and she said that we could trust her. 

xw ranted and raved and had to be taken out of the conference a few times by her attorney.  eventually, mikaela went in to a room alone with both attorneys.  when she went in, she wanted to come and live with us and visit her mom...when she came out, she had a 50/50 split time plan in her hand.  apparently xw's attorney said, "isn't this what you meant to say?" and handed her an alternating weeks plan. the attorney continued to press her on the split time thing and our attorney didn't step in at all. mikaela is not the type of person to contradict or argue with adults so she accepted it.  by the end of the conference, we had moved to alternating weeks with us having her only 2 days a month more than her mom.  even though we have her more days per month, we will still be paying child support.

dsd wants us to refuse to sign this version of the modification and go to court.  it's a giant mess.
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Re: settlement conference was a giant mess!

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    That poor girl! I'm sure your lawyer was feeling bad & didn't want to pressure her or start an argument in front of her w/the other lawyer. I'm glad you aren't signing it & just going to court now. What a selfish bm!
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    MrsBPOMrsBPO member

    If she doesn't want you to sign it, and wants to live with you, don't sign it.  Take it to court, have the judge speak with Mikaela IN PRIVATE IN CHAMBERS and without the presence of her mother and her mother's attorney.  Have a Guardian Ad Litem assigned to her to represent her interests.  I'm sorry it was a mess.  I'm even sorrier that your attorney didn't fight for what you wanted.  What a klusterphuque.  I'd be seriously *not happy* with my attorney if it came down to it.  He didn't represent you, imo, if he let her walk out the door with an agreement in hand that you don't see as an acceptable compromise, it's not what she stated she wanted and he let her attorney railroad her, a child, into it.  Honestly, she should never have been put in a position of having to negotiate with the attorneys to begin with.  That is completely wrong and unacceptable on both parties' parts.


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    Is it possible that DSD is telling BOTH sides what they want to hear?  That yes she wants to live with you and yes she wants to live with mom?

    Kids can sometimes be fickle like that.  Any chance?

     

    I don't usually share personal experience but I was put in the very.same.position.  that you suggest your DSD be put in-that is taken in to see a judge and asked my opinion.  It was horrific.  My opinion at age 12 was that it should be decided without me and causing me horrific stress and turmoil.  The judge was extremely sympathetic, but court, a judge, and lawyers, even the most considerate and thoughtful was too much for me.   I hated it and I resent to this day that my parents sucked a*ss so much that I had to be put in the middle.

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    I did not have time to reply this more is but I also wondered if saying the same thing to you and BM and you both think she wants to live with you and that the other is pressuring her?  I she is so easily swayed she might not be telling you the whole story.  I hope not but I worry.
    Jen - Mom to two December 12 babies Nathaniel 12/12/06 and Addison 12/12/08
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