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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #1  
Old 12-13-2017, 11:29 AM
Katherine Katherine is offline
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Default Case conference and two motions - costs

Could someone give me an idea of legal fees (even approximate hours) to file the paperwork for a case conference and in anticipation that will go nowhere the hours for file prep and presenting a custody motion for sole custody on mental health grounds as well as a court order to sell the matrimonial home?
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Old 12-13-2017, 12:44 PM
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Case conference: Not that many (2-6 prep plus court time)
Motion to sell home: Not that many (2-6 prep plus court time)

Contested motion for sole custody and an adverse determination of the mental health of the other parent: 20-300 hours, maybe more.

Contested motion for a parenting schedule that provides for joint custody and reasonable parenting time and doesn't try to make a mental health diagnosis: much less
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Old 12-13-2017, 08:32 PM
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Thank you Janus. Is EOW and one weeknight considered reasonable parenting time? I have agreed to joint decision making. I suppose reasonable is in the eye of the beholder. Ex wants 7 out of 14 nights but is not capable.
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Old 12-13-2017, 09:19 PM
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Quote:
Originally Posted by Katherine View Post
Thank you Janus. Is EOW and one weeknight considered reasonable parenting time? I have agreed to joint decision making. I suppose reasonable is in the eye of the beholder. Ex wants 7 out of 14 nights but is not capable.
The children have two parents. Why is not being able to spend equal time with each of them reasonable? How do you mean, not capable? The threshold for determining if someone is an incompetent parent is pretty high.

If he's too incapable of parenting, why is EoW and one weeknight okay?
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Old 12-13-2017, 10:04 PM
kate331 kate331 is offline
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I dont think EOW and one weeknight is reasonable. IMO it makes the parent a visitor in the child's life and they wont be able to have a meaningful relationship with your ex.

How old are the children? Has your ex been diagnosed by a professional that makes him not capable of being a parent? If you fear that the children wont be properly cared for regardless of the amount of time you may want to get the CAS involved and see if they have concerns.

Im a newbie here too, and havent entered a courtroom yet, but I have learnt its not for the faint hearted.
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Old 12-14-2017, 11:37 AM
Katherine Katherine is offline
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EOW and one night was a concessation in counselling/mediation that he is now reversing on because his lawyer is saying he has equal rights as a parent.
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Old 12-14-2017, 12:10 PM
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Quote:
Originally Posted by Katherine View Post
EOW and one night was a concession in counseling/mediation that he is now reversing on because his lawyer is saying he has equal rights as a parent.
Incorrect. The child(ren) have access rights to their parents... Not the parents to their children. Common mistake.

The lawyer is giving excellent advice and I would recommend that you seek to settle on a 2-2-5-5 based 50-50 access schedule (if the children are 8< years old) and a week about schedule if they are 8+ years old.

The reality check for you is that unless the other parent agrees to a "every-other-weekend syndrome" pattern of parenting you will have to get it court ordered. You have 120-150k in legal fees and REAL evidence that a "e-o-w" schedule is in their best interests? (Evidence is not OPINION btw!)

Glad to see the other parent went out and got sound advice from a legal professional and didn't do what many do... Agree to a crappy agreement and make it "final" too!

Your mediator is not very good if e-o-w is what they recommended.

Good Luck!
Tayken
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Old 12-14-2017, 12:51 PM
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Would you accept the schedule if it was reversed? If not...it is not reasonable.
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  #9  
Old 12-19-2017, 10:16 AM
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Quote:
Originally Posted by Katherine View Post
Ex wants 7 out of 14 nights but is not capable.
How many nights is he capable of having?

Why is he incapable of having more nights than that?

What evidence have you gathered to show that he is incapable?
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