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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 03-02-2010, 03:52 PM
cate cate is offline
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Default sole custody but no conflict

Greetings. Long story short.

Child 10. Separation 1 1/2 years. Joint custody since then.
Suddenly, ex wants SOLE CUSTODY based on historical relationship stuff. several lies - nothing to do with child. Since ex filed for sole custody there has been no conflict because the phone calls and emails have ceased. It's been a breath of fresh air. Question: how does someone just out right ask for sole custody when there really is no conflict and when there is, it is created by them? In addition, it is duly noted ex cannot cope with child not needing them when not at their house, nor can ex cope with child liking new partner, even tho ex has new partner (whom child met 2 weeks after moving out of family home) and that was the main reason for separation. Basically this is someone who isn't getting their way, period.

Chld is happy and thriving, considers both homes family homes and loves spending time with everyone involved.

Ex has agreed so far to only CLOSED mediation which would be typical because then lack of cooperation would be duly noted.
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Old 03-02-2010, 04:49 PM
billiechic billiechic is offline
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what are you asking?
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Old 03-02-2010, 05:01 PM
cate cate is offline
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if there is no conflict, then what is grounds for ex getting sole custody? will this pursuit be thwarted somewheres along the line by the system? ex is not dropping this. there was hardly ANY conflic to begin with and when there was, it was instigated by ex. this is causing undue stress to say the least. there is no grounds for sole custody. NONE. so somewhere along the line, we are hoping that someone says this is nonesense and/or tells ex status quo will continue.
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Old 03-02-2010, 06:19 PM
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tugofwar tugofwar is offline
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You have been practising joint, what is the access time schedule for your child? I think if you both up to this point have been "co-parenting" the ex getting sole custody will be hard to obtain as I see the judge doesn't want to disrupt what you have currently in place.
Sorry are you the mother or father? Unfortunately it does still play an important role in deciding custody.
If there is no clear reason besides you two now flighting over a few things with your child will not be grounds for one parent to get sole.
Maybe ex was talking to others- cause joint/shared custody the non-custodial parent pays less cs etc or even receives money from you if you make a higher wage.
IT could be just about the MONEY or a CONTROL issue.
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