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Old 10-24-2011, 02:56 PM
MommaMouse MommaMouse is offline
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Originally Posted by LTD_Edition View Post
Our current 50/50 arrangement has been in place since I started the divorce proceedings more than 5 years ago. Now, that I am moving a little farther (about 15km), the ex wants to now go for full custody in an attempt to punish me and for no other purpose. The ex doesn't really even care that much for our children; he cares more about money and his possessions. However, my questions are as follows:

1. What judge in their right mind would change what already works if NOTHING regarding the kids will change? Same school, same friends, everything? Chances are he will not get full custody, but he has the right to ask.
1.5 Don't the children get to have a voice (early teens). Yes, sometimes children can voice their opinion and that is taken into account.
2. What are the chances that everything backfires on my ex with the VERY damaging evidence we will be presenting at the motion? I'm tempted to have a CAS worker attend the motion to hear about the really dumb things/choices he has done/makes. Most of the ex doesn't even tell own lawyer about. BUT I DOCUMENT EVERYTHING!!!!
Don't get CAS involved, they do very little and it just causes more upset. Try to stay civil, the judge ususally sides with the party that stays reasonable and civil. Direct to the point, relivient information only.
3. Do the judges actually read through both sides of the motion documentation, or do they expect lawyers to give them the "Coles Notes" version?
For a motion to change they will get the coles notes from the lawyers until Trial.
4. What is the likelihood that things stay as they are, and a judge orders a lawyer for the kids?
Depends on what your current arraingement is exactly and why he can't make it work, you have a pretty good chance of things staying the same if he's only moving a few blocks.
5. What do judges think of people in the court room during the motion (they are good and will stay quiet)?
They see so many people, I'm sure each individual staying quiet makes little to no impression on the judge.
6. Doesn't existing law state that a long standing status quo should remain in place, particularly when it works just fine and that it is what the kids want anyway?
Yes, it should remain in place but that doesn't stop him from having the right to ask that it be changed. I was told he can bring it back to court as often as 6 months after each case (I'm defending his 3rd motion to change)
Good luck