andyscouse
New
Reged: 02/08/08
Posts: 20
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Hi!
My ex has been giving me and my boys grief since the separation (now divorced). I have custody of the boys (have had it for 4½ years, since the start). Since that time, I have received nothing in CS or Childcare costs; annoying enough. In the last 6 months, she tried for alimony with a b**** of a female lawyer - fortunately, she failed in her attempt. Apparantly, the alimony door wasn't closed in the agreement (for which I will be reporting my lawyer).
She was Section 12'd in Feb (without my knowledge) before the 3 Mar judgment which amended visitation and also denied her alimony request. Now - given that visitation was involved, would you agree she should have told me (or her lawyer should have) about the Section 12? Section 12 is when one is "a danger to oneself or others". She was taken from her place of work for this by the police (I have the police log but no other details). Since the beginning of April, she's been ensconsed in a "psychiatric facility". I took out a Restraining order against her, so that when she came out, she couldn't just assume to waltz off on visits with the boys. I also have filed Motions for Suspension of Visitation and Legal Custody pending a Family Service Investigation (I have sole physical, legal is currently joint), as well as for Release of Medical Records.
In addition, I married last year and moved to another county - so, I have also filed for a Change of Venue.
Given that I live in MA ... what are your thoughts?
1. Do you think I will get the Change of Venue (which'd be great, as it'd get her b**** of a lawyer off my back!) given I have custody of the boys?
2. How about Suspension of Visits and Legal Custody? Do you think I'm warranted? (I believe so, as I don't want her psych behaviour affecting the boys)
3. It is a possibility that if she's made a "ward of the state" (ie, she goes completely crazy), they may try and get me to pay alimony - I will refuse, of course, but is there some case law out there that I could use in case that situation arises?
I have my hearing Thu May 22. Also, there's a chance that she's still in hospital - if so:
4. Can I still attend the hearing and appeal for the Change of Venue at least to be agreed? Can her lawyer attempt to make me pay for her appearance to defend her non-apperaing "client"? I don't think so, but she's threatened so before (I was scheduled for May 1, her lawyer couldn't make it [and ex was still in asylum] but I refused to move the date, so her lawyer threatened me with sending another lawyer for a continuance and tabling a Motion for me to pay the bill - I basically laughed and told her that I would never pay her firm a penny, now or in the future).
Complicated, huh? Anyway ...
Thanks!!
Edited by andyscouse (05/15/08 09:48 AM)
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jersey girl
Platinum
Reged: 08/07/06
Posts: 1497
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Wow. Alot going on. IN my gut, I think the best you get is a temp restraining order. I just don't think they are going to make any permanent changes until she can defend herself.
Long term? They are not going to terminate her parental rights. I think they may give supervised visitation until she proves that she is under control. Even if she did hurt the kids, if she is in treatment, they are going to work to get her back with them when it is safe.
As for alimony - I think that her being made ward of the state came after your divorce and they cannot hit you up for marital payments. Just my thought.
On the fees, if this is not a pro-bono lawyer, then they took the case with an expectation of being paid somehow. I don't think the court would allow it because you are not bringing frivolous motions. But - I've seen crazier.
Good luck.
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andyscouse
New
Reged: 02/08/08
Posts: 20
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Thanks for the reply. Actually, I did get a restraining order on Apr 11, had it extended after the 10 days until Jul 22; so that's in place. I went to the judge ad-hoc in Plymouth County (where I got divorced) on the day I got the extension (on Apr 22) for emergency ex-parte motions; he told me there was no emergency as I had the RO in place, but that I could come back during normal Motion scheduling and table them.
He seemed good with the idea, and as there was just me in the room with him and the court reporter, I was emboldened to ask if a Change of Venue was in order; he seemed to think it could be.
Thus, I tabled the motions, prepared the Proposed Orders, etc. I am doing this pro se.
We shall see! Does anyone else have any views?
Edited by andyscouse (05/16/08 05:55 AM)
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andyscouse
New
Reged: 02/08/08
Posts: 20
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Post-Script:
The Motions for Suspension of Visitation & Legal Custody are pending a Family Service Investigation. So, that means I am directing the FSI to look into her health (of course, I don't have access thereto) et al, and while they do that, suspend the rights I listed.
The Change of Motion I am looking to be permanent, as it shouldn't have to be me that drives 100mi to the court every time (plus, it would ensure her lawyer is removed!).
It may well be that she is still in psych on May 22. Can any Motion be decided in abstentia? At the very least, I would want the Change of Venue approved, and then re-file the others under Hampshire county.
Also, the Section 12 I was unaware of until informed of it by a police department on Apr 10 (after one of her colleagues had alluded to her being taken away at some point earlier in the year - we didn't even have dates or anything!). Thus, the very next day, Apr 11 was when I got the RO.
I believe her lawyer acted in a disingenuous manner by not informing me of that Sectioning prior to the hearing on Mar 3 (where visitation issues were being discussed). I will be reporting her to the BBO as well as to the partners in her firm - it's my belief that she, as an "Of Counsel", is trying to 'prove herself' to make partner, so is being belligerent and b****y. It is my job to put a wrench in those works!!
Anyway, there we go!
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Jada
Platinum
Reged: 06/02/07
Posts: 3191
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That is a lot to deal with. She may end up with supervised visits, but I don't think that they will be completely terminated. It all depends on what the doctors say about her now.
As for the change of venue, that probably isn't happening as long as your ex lives in that state.
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andyscouse
New
Reged: 02/08/08
Posts: 20
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Probably, but I want to show the court that I am serious about my children's safety and wellbeing.
The Change of Venue isn't from one state to another; merely from Plymouth County MA to Hampshire County MA ... I believe I should have the right to it, as I have the children. That is part of my Affidavit (which is a nice 3-page document, with supporting police logs and RO, et al). The judge better had agree to it!
Mind you, we live in MA, which is full of liberal-minded idiots!
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andyscouse
New
Reged: 02/08/08
Posts: 20
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One additional thing : the suspension of Visitation and Legal Custody are while a Family Service Investigation is undertaken; basically, to see what visits should be performed given her health, etc).
The Change of Motion is because I, as sole physical custodial parent, now reside in another MA county.
The ex is indeed still in a psych hospital (as at 5/20), so I am planning to go on Thursday 5/22 anyway, and see what motions I can get agreed (while fending off her lawyer, who will try for a continuance). If I can get just the Change of Venue agreed and actioned, I'd be happy, and we can deal with the Visitation and Legal Custody one when she's out of the hospital. After all, my wife and I arranged the day off work and arranged care for the children to travel the 100mi each-way. I believe that as custodial parent, I should be entitled to more "privileges" than the non-custodial one; being male, that will probably be an uphill battle, but one that I am ready to fight, for it is the children that I am doing this for.
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