For PaulMJD: (or other family law
expert if PaulMJD is not online before Monday.) Paul MJD has responded to this issue in the recent past.
This case is getting weirder. Two parties are seeking full custody of my son's former girlfriend's kids. The "emergency petition for temporary custody" brought by the relatives of her toddlers was heard 4 days ago in DM court. With the help of church ladies she has a par-time job, a HUD apartment, and a free babysitter which is my son, on the days she works.
Her attorney is getting no more money from the church ladies, but they were there to support her during a grueling 9 hour hearing. My son was subpoenaed to appear, and he was kind to her during that hearing, and I also had probably helped her win by suggesting that she admit, apologize, and take responsibility for her actions. Guess what--she won. Without a lawyer. She received a ruling for sole temporary custody of the toddlers.
We believe the DM court became totally sympathetic to her (and thereby is prejudiced for the next case which is my son's) coming up in approximately 4 weeks.
The DV court ruled in February that they each take custody for alternating weeks. Due to recent bad weather, they have been ignoring the restraining order
during the baby exchange days. Today she had errands to run, and while my son was babysitting the wild-monkey-toddlers were climbing the walls, and opening doors, and he luckily or not found her stash of empty 99 proof one-shot bottles of vodka in the closet. I wish he hadn't told her about it, because she is now armed with that information plus the fact that he is breaking the restraining order. Not to mention that she just won the other DM case.
He has almost convinced himself that he's losing this case, that he will be stuck here and not able to return to work (he's already lost three out of state job offers). His window of opportunity for the type of work he ordinarily does is closing soon. He's beginning to think he ought to give up and take her back in order to assure himself of custody. My advice to him is to stay the course. Her own mother
told me that "it's just a matter of time" before she breaks down and blows her own case.
- re the DV court hearing in In three days. She has agreed to give him permission to take our grandson out of state to a family reunion in May. He wants to present this to the DV court while she is still in good humor. Since neither of them has an attorney, he needs a form to request permission to go out of state to attend our family reunion in two months.
- re the DM case coming up two weeks later, he wants to ask the court to change judges due to the obvious prejudice of the magistrate in the recent decision. There really aren't any other judges in our town that would be a better choice (believe me). Therefore, I've considered that it would be better to get a continuance, but doesn't know how to word it.