OK they had the hearing yesterday in my son's case asking for full custody. It went nowhere in something called CMSO (?). It was the same judge that ruled in the case brought in March by uncle/aunt. She recommended mediation rather than the the "gold standard" mental evaluation. They agreed. He is open to filing more papers since the judge refused to act on the DUI or anything else. How should we proceed besides waiting? No attorneys, no funds, she has called 17 times today. Any sugges
Country relating to Question: United States
This is the product of judges who do not feel like actually handling cases. If the judge was moving this to mediation, the he would not hear anything about the DUI. Unfortunately, once your son agreed to mediation, which he could have objected to based on the danger to the child from her DUI and substance abuse issues, he has now sealed his fate and has to wait for the mediation and there is nothing else to do at this point unless something new happens before mediation that is a danger to the child and then you can ask for an ex parte emergency order revoking her visitation until the hearing. But other than that, once he agreed to mediation, he is now stuck with that.
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I was present at the hearing. My son objected by saying he was concerned about his child's safety as well as the girlfriend's health, because she has indicated many times that she needs help. The female judge pointed out that they could only discuss the expensive evaluation or mediation. My son said they could not afford the evaluation, was there an alternative, like a waiver of costs? The judge mentioned the bad economy and asked them if they needed to confer more? Girlfriend said "I'm open," and my son said "I have no experience with this, can you please make a suggestion?" The judge said something akin to it's either the expensive evaluation, costing thousands of dollars, or mediation.
He is going to end up having to get a restraining order against her if she keeps up the Harassment with the calls. I am afraid that the judge could not legally make any recommendations to him and could only give him the options she was offering. So, now he has to deal with mediation. In the meantime, he can file in court for a restraining order if she keeps harassing him. The church lady calling Child Protection would likely be helpful if she makes some claims they can substantiate and then your son can step in to seek placement of the children with him and once that happens he can file an ex parte emergency motion to deny visitation or custody to the mother based on the CPS action.
He knows it's going to be a waiting game. Thank you for the information you've supplied. Although he had the DUI records with him, and copies for the court and for the girlfriend, he realizes that his mistake was in not writing the words DUI, safety of child(ten), respondent's mental health, etc. on the form.
You can help him here by keeping a diary for him on her actions. Also, he is going to need to work on getting all of the other records he could not get at the last minute if possible and the mediator can consider a letter from the church lady, but your son should not give it to him. The church lady should mail it directly to the mediator once they find out who he is. If her probation gets revoked over the DUI, this is even more reason he would get custody and he needs to bring that up to the mediator as well.
JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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