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Just an update for some of you that have been following and been giving me really good advice, I'd like to share some good news.
We had a court order back in April, and were assigned a case management judge. We finally saw the case management judge this month, and filed for sole custody as she wasn't obeying the court order set forth in April.
Judge on the spur of the moment decided that both myself and my ex (who wasn't present and had to call to show up) do viva voce testimony as the judge wanted to know what was truly going on. As my lawyer said after, it was a gift.
On decision Judge slammed my ex for her not following the order, and if I had asked for contempt, the judge would have put her in contempt and put her in jail or lose access to our son. Judge also ordered that she go to anger management. In regards to sole custody, judge would not rule on it, said she would give my ex 6 months to show she can change. I currently have primary custody. Judge also called my ex's testimony "offensive". It was incredulous, first she blamed the reasons for not following the court order because
1. She didn't understand it and that 50/50 is all she would agree to so therefore she had the right to ignore it cause she didn't agree to it.
2. When confronted that she was there and present, her lawyer argued that they didn't get the official order till 2 months later therefore there was no order to follow. Later argued by the judge that her lawyer was there in the April court date and had agreed to it.
3. After that failed, my ex said my lawyer "buttered her up" and she was under duress and didn't understand what what was going on. To which judge said, so she should have been aggressive?
4. My lawyer said, well wasn't your lawyer there? Then she blamed her lawyer, saying "he was there, but he wasn't paying attention".
(Keep in mind what happened in April was the judge gave us 20 minutes to come up with a schedule collectively us 4, myself, my ex, and our two lawyers that was similar to the old order but less breaks between days)
This has been a long 4 years to finally have a judge see what has been really going on. I'm happy, my son finally has a change to have stability and routine. Thanks everyone for your advice you have given me over the years.
My advice, document everything like mad and don't be discouraged a judge doesn't read your evidence. The next judge might and the next one won't. But when you get the one that is on a fact finding mission, you have evidence in your favor.
We had a court order back in April, and were assigned a case management judge. We finally saw the case management judge this month, and filed for sole custody as she wasn't obeying the court order set forth in April.
Judge on the spur of the moment decided that both myself and my ex (who wasn't present and had to call to show up) do viva voce testimony as the judge wanted to know what was truly going on. As my lawyer said after, it was a gift.
On decision Judge slammed my ex for her not following the order, and if I had asked for contempt, the judge would have put her in contempt and put her in jail or lose access to our son. Judge also ordered that she go to anger management. In regards to sole custody, judge would not rule on it, said she would give my ex 6 months to show she can change. I currently have primary custody. Judge also called my ex's testimony "offensive". It was incredulous, first she blamed the reasons for not following the court order because
1. She didn't understand it and that 50/50 is all she would agree to so therefore she had the right to ignore it cause she didn't agree to it.
2. When confronted that she was there and present, her lawyer argued that they didn't get the official order till 2 months later therefore there was no order to follow. Later argued by the judge that her lawyer was there in the April court date and had agreed to it.
3. After that failed, my ex said my lawyer "buttered her up" and she was under duress and didn't understand what what was going on. To which judge said, so she should have been aggressive?
4. My lawyer said, well wasn't your lawyer there? Then she blamed her lawyer, saying "he was there, but he wasn't paying attention".
(Keep in mind what happened in April was the judge gave us 20 minutes to come up with a schedule collectively us 4, myself, my ex, and our two lawyers that was similar to the old order but less breaks between days)
This has been a long 4 years to finally have a judge see what has been really going on. I'm happy, my son finally has a change to have stability and routine. Thanks everyone for your advice you have given me over the years.
My advice, document everything like mad and don't be discouraged a judge doesn't read your evidence. The next judge might and the next one won't. But when you get the one that is on a fact finding mission, you have evidence in your favor.
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