Update to CO amendment. Issues.

Krisx2 · May 2012

I posted below about BM refusing summer parenting time until mediation is resolved. We have tried contacting DH's lawyer multiple times but haven't gotten an answer. I finally made DH call the courthouse. BM is right. There is a court order to suspend summer parenting time until mediation is resolved.

DH's lawyer never let him know about this order (filed in March). There also was supposed to be a hearing April 20th that DH did not know about and we have no idea why it was cancelled.

So, since BM is dragging her feet about mediation and the court is backed up and won't have time for another hearing till June or July, DH will get no summer parenting time with SD. Unless of course we just agree to her demands and finish mediation quickly, but agreeing to her terms would mean giving up on SD. It looks like we won't see her till next Christmas.

I am in tears about this. I can't believe a court would refuse parenting time to a non-custodial parent based on a prolonged attempt to amend a parenting order! Especially when DH is the one attempting to mediate and BM is just asking for the moon and ignoring SD's wishes and needs.

Ugh. This is mostly a vent. But if any knows how to appeal this order or of any good lawyer in MT, please speak up. This is horrible.

Karma1969 · May 2012

Can you file an emergency motion?

Sigir · May 2012

I am so sorry, that is such a bad situation!!! Have you spoken to the lawyer and asked why you were not told about this CO re suspension of summer parenting time? Any lawyer worth anything would have fought that tooth and nail IMO because it is a total bargaining chip for BM to try to get your dh to agree to whatever she wants.

I would be kicking that lawyers butt to get that fixed now. Is the lawyer responding to you at all?

Sorry I do not know any lawyers in your area.

Krisx2 · May 2012

Karma1969:
Can you file an emergency motion?

I don't know. DH's attorney is in court today and hasn't answered since our last fax to him in March when we had to contact CPS about domestic violence at BM's house.

I want a new attorney. Unfortunately we live in another state and have to rely on fax/phone and it's inconsistent. Finding a new attorney with jurisdiction in this small MT count...well it's going to be an expensive challenge.

Holly_1007 · May 2012

attorneys are slower than molasses. seriously. keep sending e-mails, calling, faxing etc. eventually they will get back to you. I don't think finding a new attorney will fix your situation tbh but you need to get your attorney on the phone and come up with a plan.

Krisx2 · May 2012

DH's attorney still has not answered. An email from BM today claimed that she will not allow DH to see SD (per order) until mediation is resolved. She has proposed that DH see SD 8 weeks per year (long distance parenting) and no more. At this point, unless we agree or DH's attorney has already filed another motion against the order, we will not see SD till December. We visited her last weekend on extra time (all our cost and travel).

SD wants to live with us as custodians and visit her mother each summer. This has been a long and arduous discussion. DH does not think SD is old enough to make such decisions (9 yr) but has respected her opinion. Yet BM wants to reduce DH's parenting time in spite of SD's request. We know that SD is faced wth an abusive situation, but we have limited evidence. We are stuck. DH's attorney has been negligent in forwarding information.

I love SD. I want her to have as much contact with my DD as possible. But at this point I will have to work overtime every week to afford an attorney to fight for her. I am so sad and hurt.

twister22 · May 2012

Krisx2:
DH's attorney still has not answered. An email from BM today claimed that she will not allow DH to see SD (per order) until mediation is resolved. She has proposed that DH see SD 8 weeks per year (long distance parenting) and no more. At this point, unless we agree or DH's attorney has already filed another motion against the order, we will not see SD till December. We visited her last weekend on extra time (all our cost and travel).
SD wants to live with us as custodians and visit her mother each summer. This has been a long and arduous discussion. DH does not think SD is old enough to make such decisions (9 yr) but has respected her opinion. Yet BM wants to reduce DH's parenting time in spite of SD's request. We know that SD is faced wth an abusive situation, but we have limited evidence. We are stuck. DH's attorney has been negligent in forwarding information.
I love SD. I want her to have as much contact with my DD as possible. But at this point I will have to work overtime every week to afford an attorney to fight for her. I am so sad and hurt.

Honestly, I would let this go to court. If this is how SD feels, a judge WILL take her wishes into consideration. Likely, the judge/magistrate will spend some one on one time with her asking her questions and determining 1) Why she wants to live primarily with DH and 2) Is she mature enough to make decisions. If you love SD and want her to be close with her family, then work overtime for a few months, hopefully it will pay off!

Did DH move out of state for work? That is also something that would be taken into consideration.

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