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  1. #1
    Join Date
    Aug 2009
    Posts
    6

    Unhappy Order After Hearing

    Hi,

    My step daughters bio-father sued my wife for custody back in June. For 9 of her 11 years, he has had every other weekend, split holidays and 2 weeks in the summer. The judge sent them to mediation, where bio dad and my wife worked out a visitation schedule that increased his time significantly. Under the mediation agreement, he would have every other weekend during the school year, every Wednesday for 3 hours after school and during the summer it would be a 50/50 time split. After the mediation, he changed his mind and decided to object to the mediation report and go to trial. He wanted full custody with my wife getting every other weekend. We went to trial and he lost. Since he objected to the mediation report, the judge threw it out and in his ruling declared that visitation would remain the same as it had been in the past. The judge directed our attorney to write up the order after hearing.

    His attorney has called our attorney twice to ask that we adopt the mediation report. Our attorney has refused twice. Now bio dad is e-mailing my wife making threats that he is going to take her back to court if the mediation report is not adopted. Can he do this? Once the mediation report was thrown out, it was my understanding that the judge had discretion to award him whatever visitation he saw fit. The judge elected not to give him any additional time. Does he have to have a change in circumstances to file for a custody modification, or can he just keep filing until he gets his way? My wife is understandably upset about this as the whole trial was a nightmare.

    Any advice is appreciated.

    Thanks!

  2. #2
    Join Date
    Jan 2009
    Location
    California
    Posts
    397

    Default Re: Order After Hearing

    I'm not an expert, going through all this crap myself with DH's ex... but I know in CA that a party can file for a modification every 6 months. I suppose that the judge didn't like his attitude, which seems like a lot in the courts these days (not the facts, but the attitudes of the parties and such). Anyways, I don't know what state you are in, and I'm sure an expert would gladly help you if you informed us of state. I don't think that your wife needs to worry about anything for a bit... Good luck, I know it can be very stressful!!!

  3. #3
    Join Date
    Jan 2008
    Posts
    1,948

    Lightbulb Re: Order After Hearing

    Quote Quoting Jeffo
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    His attorney has called our attorney twice to ask that we adopt the mediation report. Our attorney has refused twice. Now bio dad is e-mailing my wife making threats that he is going to take her back to court if the mediation report is not adopted. Can he do this? [...] can he just keep filing until he gets his way? My wife is understandably upset about this as the whole trial was a nightmare.

    Any advice is appreciated.

    Thanks!
    I suggest your wife request her lawyer to advise his client to stop all communication on this matter with her. Her lawyer should let his lawyer know that she will file suit against him to recover any and all additional legal expenses she incurs as a result of his continued harassment and refusal to follow the judge's instructions.

    To answer the question - CAN he file. Yes - he can - it is his legal right. Will a judge simply reverse his decision or even listen to the exact same argument again without there being a change in the circumstances where a change in custody will result in something that is in the best interest of the child... THIS SOON after just making a decision?? HIGHLY UNLIKELY.

    Your wife (and you) should familiarize your selves with the family code - found here.
    http://www.leginfo.ca.gov/cgi-bin/ca...body=&hits=All
    Focus on Divisions Eight and Nine.

  4. #4
    Join Date
    Aug 2009
    Posts
    6

    Default Re: Order After Hearing

    Quote Quoting 525601minutes
    View Post
    I suggest your wife request her lawyer to advise his client to stop all communication on this matter with her. Her lawyer should let his lawyer know that she will file suit against him to recover any and all additional legal expenses she incurs as a result of his continued harassment and refusal to follow the judge's instructions.

    To answer the question - CAN he file. Yes - he can - it is his legal right. Will a judge simply reverse his decision or even listen to the exact same argument again without there being a change in the circumstances where a change in custody will result in something that is in the best interest of the child... THIS SOON after just making a decision?? HIGHLY UNLIKELY.

    Your wife (and you) should familiarize your selves with the family code - found here.
    http://www.leginfo.ca.gov/cgi-bin/ca...body=&hits=All
    Focus on Divisions Eight and Nine.
    Thanks very much for the response. She did ask him to forward any future communication to our attorney. She's done with him for now. The sad thing is, she knows this is completely driven by child support. We heard nothing from him for 3 weeks after the hearing, and "coincidentally" he called to have the mediation report adopted the day after we got our copy of the proposed child support judgement.

    Oh, and this is in California. Sorry, I noticed I left that out the first time, but it wouldn't let me edit my post.

    Thank you!

  5. #5
    Join Date
    Jan 2008
    Posts
    1,948

    Arrow Re: Order After Hearing

    no problem - I looked at your history to get the state.

    Just one last thing - try not to refer to the X as the bio dad - that makes it sound like he gave the child up for adoption.

  6. #6
    Join Date
    Aug 2009
    Posts
    6

    Smile Re: Order After Hearing

    Quote Quoting 525601minutes
    View Post
    no problem - I looked at your history to get the state.

    Just one last thing - try not to refer to the X as the bio dad - that makes it sound like he gave the child up for adoption.
    Point taken. Although, he did try to have my wife give her up for adoption. When she refused, he denied paternity. After paternity was proven, he saw her once on the day she was born, then not again until she was 11 months old. My wife and I got engaged when she was 13 months old, so he only has 2 months on me.

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