Likelihood of this happening?

Your divorce and child custody agreements are final, get practical tips for moving on with your life after divorce.

Re: Likelihood of this happening?

Postby bold_as_love » Tue Jul 31, 2012 2:33 pm

Small town judge that I know personally and have hung out with. I know that doesn't mean much, but she didn't ask for a change. Plus, she's going to get drilled for a couple of Contempt things she did, so he may go into this with a pretty poor view of her. I do know judges do not like to have their orders defied in any way. My attorney has a lot of exp. with him, so she feels very confident about our chances.
bold_as_love
10+ Posts
 
Posts: 45
Joined: Thu Jun 05, 2008 4:05 pm

Re: Likelihood of this happening?

Postby Trevor » Tue Jul 31, 2012 2:34 pm

Seems to me that asking a child to testify in open court, ostensibly against one of his/her parents, is entirely different than seeking the court's permission to hear the child's opinion. In most cases discussed here, it meant the judge talked to the child in chambers, and the child's input into the CE process was admitted into evidence to allow for his/her opinion and perspective to be considered.
Dual Parenting, not Duel Parenting.
Trevor
Moderator
 
Posts: 18344
Joined: Mon Jan 31, 2005 8:55 pm

Re: Likelihood of this happening?

Postby bold_as_love » Tue Jul 31, 2012 2:37 pm

@Trevor: that's what we're hoping. Informal one-on-one with the judge, versus testifying. Ideally, NJ would LISTEN to her son and say OK, let's work this out for the BEST INTEREST of the child. She only sees $$$$$$$

I certainly didn't pressure the D15 to choose. I know I will see her a ton and I want her to go to the school of her choice.
bold_as_love
10+ Posts
 
Posts: 45
Joined: Thu Jun 05, 2008 4:05 pm

Re: Likelihood of this happening?

Postby Fatheroffour » Tue Jul 31, 2012 2:42 pm

Of course a judge is going to deny a parent wanting a child to testify in open court.
Patiently waiting for 2025.
User avatar
Fatheroffour
Moderator
 
Posts: 27640
Joined: Fri Oct 12, 2007 8:37 am
Location: Top of the world

Re: Likelihood of this happening?

Postby bold_as_love » Tue Jul 31, 2012 2:48 pm

Lord, I'd hope so! Can't imagine the stress he'd be under. He's fine with talking to the judge, in chambers.
bold_as_love
10+ Posts
 
Posts: 45
Joined: Thu Jun 05, 2008 4:05 pm

Re: Likelihood of this happening?

Postby higherroad » Tue Jul 31, 2012 8:18 pm

just got off the phone yesterday with two pretty reputable lawyers regarding this. although a 14 year old has some say in a custody issue its only when taken into the big picture of a custody case.

most judges will stick to the schedule as they feel a 14 year old doesn't get to "pick" whats "best for them". they still are kids and in some cases will choose whats easiest.

but the biggest issue they brought up was which parent was pushing for the kid to "choose". thats a slippery slope.

mark brings up some good points most judges don't like kids to have to choose and will do everything not to put kids in that situation. and if you guys are both good parents it will work itself out without the courts. don't sweat the dough because if she just has him living there to collect "rent" it won't last.
higherroad
1K+ Posts
 
Posts: 1232
Joined: Tue May 24, 2005 12:32 pm

Previous

Return to After The Divorce is Final – Moving On

Who is online

Users browsing this forum: No registered users and 6 guests