Let me be sure of my facts - she has only seen the children once (one time) in almost fourt years - correct?
If that is correct - what is her basis for getting full custody?
That's what I thought but I wanted to be sure.
OK, has a hearing been scheduled yet?
Then she is attempting to get a hearing and will present the motion to get a hearing - correct?
When does she say she will be presenting the motion?
I take it that your going to represent yourself at this hearing about her motion.
The judge - unless you have recently been convicted of child molestation charges or gross child neglect or endangerment - is basically going to laugh her out of the courtroom. (although he won't laugh - this is ludicrous on her part - she has to be somewhat nuts to even think about this - you have to wonder what she's been smoking or to whom she's been talking)
Clearly you have alot of arguments - the biggest is that her parental rights should have already been terminated becuase of her abandonment of them. Only 1 visit in 4 years is abandonment.
The next thing is that your the status quo - that the children have been in your primary and exclusive custody for ______. That the children are thriving and happy. That the children don't even know their biological mother. That it would certainly be in the best interests of the children to continue their routine by your being their continued primary custodian.
Thereafter, I would state the court - that this is just bewildering. That none of you know anything about her any more - where she lives, works (if she does work), - nothing about her. That she hasn't even attempted her right to visitation.
I'm just not sure what more I can tell you here - unless something recently has come up against you - that your charged criminally with something with children involved - then there is no way a court would even give her anything beyond supervised visitation.
No, not personally. You could contact the local Bar Association and they could give you a name.
I wouldn't worry aobut this whatsoever - it's absolutely ludicrous at best. I can understand though that you want to be sure and have legal representation there at that time. That is the cautious thing to do certainly - but I don't think you need it at all.
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