Response to Motion

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Response to Motion

Unread postby _ProudPoppa_ » Fri Nov 10, 2017 8:21 pm

Last week we filed a simple motion of temp orders requesting exclusive use of the home, joint parenting time (complete 50/50) and no removal of property from home. Today stbx moved out (our court date isn't until 14th), but we divided physical assets with no issues. She's completely moved out. I changed locks.

Today I received her response to our petition. They replied with request for sole custody, attorneys fees, for me to get a psych eval, and for supervised parenting time. Wtf?!?!

She's made no peeps about me spending time with D1 alone for the past 15 months when she went out of town or worked all weekend. Or any other time. She has a list of BS complaints, non of which have evidence. Cops have never been called on me. Nothing.

So basically, I was perfectly fine for the last 15 months, but suddenly I'm a danger??

Anyone have any input or experience with dealing with this craziness and how a judge views this?

Attorney says we only have 30 minutes in front of the judge, so likely no orders will be issued. If this is the case, can she legally withold our daughter from me?
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Re: Response to Motion

Unread postby _ProudPoppa_ » Fri Nov 10, 2017 8:21 pm

In KY, btw.
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Re: Response to Motion

Unread postby Havalu7 » Fri Nov 10, 2017 8:33 pm

Dude you are a good egg as VERY wise cartoon character says here.

You changed the locks, got that DAR quickly and did a lot of the right moves.

Well you are now where you need to keep your cool if she shows back up at the house. On the phone so I can’t go find it; but there was a recent thread about changing the locks and the perceived repercussions. I would go back and look at the thread if you can find it as the vet’s here deftly diffused most of the wrong perceptions and may prepare you for any instances that met come up.

Good job OP and stay tuned for the legal beagles to help you with your questions.

Now you can dust off that shovel as was suggested to you before and help the new guys who are where you were a month or two ago when you came on the forum.
”No.” is a complete sentence.

Do not move out of your house.
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Re: Response to Motion

Unread postby gamingdad » Fri Nov 10, 2017 8:58 pm

30 mins in front of judge should be spent cementing 50/50. Parenting plan is number one. Everything else is secondary.
Until then, you have every right. Now what happens during that 30 mins depends on how well you plan.
Document time spent, what is done, feeding bathing, playing etc..show the judge your superdad status.
If there's such a concern, stbx would have filed ex parte, and not wait until court.
READ YOUR PAPERWORK BEFORE SIGNING! IF YOU HAVE QUESTIONS, ASK!
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Re: Response to Motion

Unread postby _ProudPoppa_ » Fri Nov 10, 2017 9:07 pm

Gaming dad-- I agree that 50/50 is the most important factor. I guess that's the best part of filing first? Getting to go first in court?

I have a parenting journal that documents all my interaction with D1-- but how do I present that in court?
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Re: Response to Motion

Unread postby whatever_works » Sun Nov 12, 2017 12:01 am

OP, this type of baseless nonsense by moms is so common that you should not spend any time on it. You should have your lawyer focus on your superdadness. Do not use too much of the limited judge time on rebutting what mom said. Judge would probably be half expecting these statements to be made up BS.
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Re: Response to Motion

Unread postby Campfire » Sun Nov 12, 2017 8:56 am

_ProudPoppa_ wrote:Gaming dad-- I agree that 50/50 is the most important factor. I guess that's the best part of filing first? Getting to go first in court?

I have a parenting journal that documents all my interaction with D1-- but how do I present that in court?



Easy. Tell the judge. It would reinforce your testimony to have easy to digest visual aids (color coded calendar/graph/PHOTOS of you and kiddo,etc.) that you can show while you deliver your elevator pitch. Do you understand what is meant by "elevator pitch"?

As to mom's response, you need to understand that her lawyer is likely driving the ship. Her response is designed to increase conflict between you two which creates additional billable time for both attorneys. It's a "win/win" for everyone but you and your STBX. $$$.

Your job is to manage your attorney and your emotions. It's not about getting even, it's about getting out. Strictly business, capiche?
The List: http://www.dadsdivorce.com/father_divor ... hp?t=13374


The question is how much conflict you can control, negate, or avoid.
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Re: Response to Motion

Unread postby _ProudPoppa_ » Sun Nov 12, 2017 7:04 pm

Thanks for the imput, gents.

I agree that it's all BS and I have zero doubt her attorney is putting her up to this. Mine warned me he would file a bunch of motions so he could eat up her retainer.

The journal-- I wasn't sure if I should show it. Some of the vets out there mentioned to keep it a secret, and to refer to it as needed to reference dates. I'll gladly bust that bad boy out if I need to.

I tried to warn her long ago that attorneys loved conflict because it equals money. But, she's stubborn. Do I dare try to advise her about this one last time? I told her time and time again to look up our states shared parenting law that was just passed. But, she says she doesn't need to know any of the laws because her attorney has 40 years of experience. D'oh!

Major thanks again for all,of the advice. It my first weekend without my little Doodlebug and I'm really bumming.
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Re: Response to Motion

Unread postby Campfire » Sun Nov 12, 2017 7:19 pm

Stop communicating with her. You are showing her your cards and weaknesses. By reducing conflict, the attorney fees may decrease. Your communication with her is causing conflict.

If she comes to you in an attempt to negotiate later on, that's a different story. Stop back in here and we can discuss strategies. Right now, it would behoove you to focus on your health and your kiddo. This is a marathon, not a sprint.


As to your scumbag attorney talking about "eating up her retainer", just no. Feck no. Surely you realize he's not "eating up her retainer" for FREE, riiiiight? Manage your attorney. He's your EMPLOYEE. You're the boss and he's your subject expert with a severe conflict of interest.
The List: http://www.dadsdivorce.com/father_divor ... hp?t=13374


The question is how much conflict you can control, negate, or avoid.
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Re: Response to Motion

Unread postby _ProudPoppa_ » Sun Nov 12, 2017 7:32 pm

Yes, the communicating has pretty much stopped about a week ago. I haven't said anything to her about the motions she filed. I'm trying very hard to look at this as a business transaction. I'm thinking about what I'll offer/counter to her.

I was very nice to her over the last two weeks and I was able to get some info out of her without giving any. I guess it's just frustrating that she could know the state law but chooses not to even learn about it. Brick wall. But, you're right Campfire-- silence is golden.

The elevator pitch-- 10-15 seconds (3-4 sentences) explaining why I'm Superdad and why our daughter needs me in her life at least half of the time. Is this correct?

Focusing on my health-- just joined a gym today, then spent all day getting my house rearranged for my little girl. NJ moved out on Friday, so I had to get some stuff. It felt good to do all of that for her.
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