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Quick update

post #1 of 23
Thread Starter 
I don't have time to post all the details, so that will have to wait, but wanted to say we had court this morning but didn't actually see the Judge. We ended up sorta dealing with it outside the court but kept the case open and on the Judge's desk so if this doesn't work out then we'll go let the Judge deal with it. Basically my lawyer advised me to work with ex, but in a way so he actually has to prove he is wanting to be a consistent part of ds's life. Starting immediately he has to call ds twice a week (minimum). If he fails to do so then I'm under no obligation to bring ds to michigan and my lawyer will go straight to court. If he does actually call twice a week (after I wake up after fainting of surprise) then he will see ds in October for 3 hours fri, 3 hours sat and 3 hours sunday. If he does those AND continues with the calls then he'll do the same in December. If that actually happens (and he continues the calls) then he will have the opportunity to gain more parenting time.

But given his past he'll lose interest.

I got the passport for ds (he tried to stall that one but his lawyer basically told him to stop being a UAV and sign the papers).

And his wife is apparently pregnant again.

More later.... still in Michigan so limited internet... will be back in Kentucky tomorrow evening
post #2 of 23
Um, can I utter a resounding "yay!" ?
post #3 of 23
I'm glad things went well, and I can't wait for the details!!
post #4 of 23
Wow, that seems like a really great plan! So was X there, or just his lawyer? Did he see DS any of the time you were there?
post #5 of 23
Yay! I'm glad that this worked out well, and you got the passport too!
post #6 of 23
who will be doing the supervising during those 3 hours? if no supervision then where will he see ds?

YOU had to compromise seems like he is the one who has to perform.

you know i am glad of how its set up. his hand is being forced to 'be' a daddy. and starts slow too. with just phone calls. if he can pull thru and does start seeing ds, then yeah for O. he will see the man a little more and hopefully get to be a part of his growing half siblings life maybe.

if not well.... ex loses out.
post #7 of 23
Yeah! so glad to hear it is working out well.
post #8 of 23
Good for you!!!
post #9 of 23
Yay! I was hoping for a decision like that ... forcing your ex to prove that he's actually interested in a relationship with your son.

I hope this all works out in the end for you guys!
post #10 of 23
And his wife is apparently pregnant again.



Aha, now we see the interest in getting more custody on paper to reduce child support even though he won't actually use the time.
post #11 of 23
I love that your ex will have to prove consistent interest in maintaining a relationship with O! Will the time be supervised still?

It would be nice if O could have a relationship with his half siblings so hopefully his bio dad will step up... if not it truly is your ex's loss.
post #12 of 23
Thread Starter 
Quote:
Originally Posted by meemee View Post
who will be doing the supervising during those 3 hours? if no supervision then where will he see ds?
No supervision He will be free to take ds wherever he wants (including his house because we can't prove he smokes in there as he and his wife claim he doesn't and never has since they moved in).

Quote:
Originally Posted by homewithtwinsmama View Post
Aha, now we see the interest in getting more custody on paper to reduce child support even though he won't actually use the time.
Yup, pretty much. He and his wife sat there and told me that he was getting snipped after this baby is born. I just filed that in the "way more info than I ever needed to know" category (along with the "it's about dang time" category" lol).

Anyway.... longer update....

So we got to court and ex and his lawyer wanted to strike a deal. I agreed (am starting to have regrets though). So basically my lawyer advised me to try and work together with ex but when/if he fails we'll take it right back to court. So we worked together (with the lawyers) and agreed to ex calling ds twice a week and, if he maintains that, he will get ds for 3 hours fri/sat/sun in October when I bring ds to Michigan. Provided he does that and continues the calls then he gets the same when I bring ds to Michigan in December. So the lawyers sent us on our way to figure out the details (times, etc) ourselves and then I was supposed to call my lawyer today to let her know so she can write up the papers.

So I went to ex's house yesterday to talk to him about all this. I brought my dad and ds (both of whom stayed in the van while I went inside). I did this in case ex asked to see ds he could have just popped outside and seen him. I stayed for about 40 minutes, during which we had a decent talk (with his hawk of a wife standing over us ). He was eager to talk about pretty much everything (his wife, his new kids, his house, how he's been "sober" for almost a year, mutual friends of ours that he's seen recently, etc). Everything except ds. He NEVER ONCE asked how ds was doing. He never once asked anything about ds. Nothing.

When we were deciding on the days/times he would call as well as what time he would have ds on those weekends his wife was standing right behind him TELLING HIM WHAT TO SAY. WTF?!? I just wanted to say "this doesn't involve you so BACK OFF". When I was talking to ex about how and when to use ds's inhaler and epi-pen he just kept looking at his wife and asking "you know how to do that, right?". As if he didn't need to learn that stuff because his wife knew! ARGH!

So I had all night to think about it and by morning I had decided I'm not agreeing to this. He didn't see ds at all this weekend (I offered him time) or last weekend (I offered him time- that was his scheduled visit). He hasn't seen ds since MARCH. He hasn't talked to him since MARCH. I am not sending my child with some virtual stranger he hasn't seen since march (in October that will be 7 months since he's seen him). I'm not doing it.

So it is currently being worked out between the lawyers but I'm not agreeing to this unless ex comes to Kentucky for a weekend in August or September to see ds (supervised by me until I know ds is comfortable). If he does that at least ds has a chance of remembering who he is come October when he's supposed to go alone with him. If ex refuses to do it then it'll go to the Judge. If ex does agree to all this but skips ANY phone calls or any visits then the deal is off and it goes to the Judge. As part of it I also have right of first refusal so he can't just pick up ds and drop him off with his wife (when his wife heard me telling ex what ROFR meant she was PISSED OFF!).

During our talk I also mentioned the whole medical insurance thing. I don't think he really understood what I was telling him until he heard me say "according to our last child support order you're responsible for 76% of all uncovered medical costs". His jaw dropped to the floor and the look on his face was PRICELESS!!! I only wish his wife was there for that one, but she had already stormed out of the room after we were talking about ROFR. LOL! He stammered out a "well I'm going to look into what medical coverage I can get through my work..... I'll let you know". Yeah, get on that buddy but I'll believe it when I see it. It was ordered 6 years ago and you still haven't even "looked into it". I basically told him not to be surprised when he starts getting mega medical bills in the mail for ds. hahahaha. Best part of the evening, by far
post #13 of 23
Steph, I seriously hope you nail this guy to the wall. He deserves absolutely nothing when it comes to Owen (as he's proven over and over in the past!)
post #14 of 23
So glad you didn't go for that. Let me tell you something. Everyone including my attorney told me that ex would drop out of the picture eventually, and I believed it. I made deals believing this. Now you are being told, and you think he may not follow through, but it looks like his wife will make him...in order to reduce child support. So fight through it. I'm happy you took O with you to his house, and even more happy that he didn't even ask for him. Just shows his lack of interest. Knowing what I know now, I would advise you to go back to court if you have any problems at all.
post #15 of 23
Quote:
Originally Posted by Jyotsna View Post
So glad you didn't go for that. Let me tell you something. Everyone including my attorney told me that ex would drop out of the picture eventually, and I believed it. I made deals believing this. Now you are being told, and you think he may not follow through, but it looks like his wife will make him...in order to reduce child support. So fight through it. I'm happy you took O with you to his house, and even more happy that he didn't even ask for him. Just shows his lack of interest. Knowing what I know now, I would advise you to go back to court if you have any problems at all.
Jyotsna - That is really great advice for anyone.

Steph - I am glad you are taking the steps you are in order to protect your DS. When you were in ex's home, could you tell if it smelled like smoke?
post #16 of 23
Thread Starter 
Quote:
Originally Posted by Theia View Post
When you were in ex's home, could you tell if it smelled like smoke?
No, it didn't. And quite shockingly- I think that may be one thing he's told the truth about. I wasn't going to mention this before (wouldn't want to tip off ex if he were to read this!) but dp and I hired a private investigator to follow ex and see if he was smoking in the house or car. The PI followed him around for a few days but never saw him smoking in the car or the house. Obviously when I went to ex's house they were expecting me so cleaned everything up. But smoke is a pretty distinct smell and I really didn't smell anything. I didn't even smell any febreeze or anything that would have been sprayed to try and cover up a smell. So hopefully he really isn't smoking in the house/car.
post #17 of 23
As always I support you and the tough decisions you consistently make on behalf of O! (((Hugs)))
post #18 of 23
steph, you rock! i am glad that the court was able to pin him down somewhat. if you want more "parenting time" guess what, buddy? you have to take it as it comes. we all know what he will do. period. i understand you going back in on this one and offering a more gentle solution. the reality is that he is not going to follow through. this is his wife's project not his.
post #19 of 23
I'm glad this seems to be working out. Either way, I think you've got it. I think you are offering more than a fair deal, considering all the loads of times missed by your UAV.
post #20 of 23
Quote:
Originally Posted by StephandOwen View Post
No, it didn't. And quite shockingly- I think that may be one thing he's told the truth about. I wasn't going to mention this before (wouldn't want to tip off ex if he were to read this!) but dp and I hired a private investigator to follow ex and see if he was smoking in the house or car. The PI followed him around for a few days but never saw him smoking in the car or the house. Obviously when I went to ex's house they were expecting me so cleaned everything up. But smoke is a pretty distinct smell and I really didn't smell anything. I didn't even smell any febreeze or anything that would have been sprayed to try and cover up a smell. So hopefully he really isn't smoking in the house/car.
Can I just say your current DP sounds awesome? To hire a PI to make absolutely sure your DS would be safe in case of that eventuality...that's just cool.

And seriously, for your DS to be IN THE CAR IN THE DRIVEWAY and your ex didn't even go to see him? I would definitely bring that up to the judge. Asking wife what to say? Really? I would be tempted to sit down with them and ask them flat out what the deal is - no games. They don't really want your son. They don't care about him. It's such a shame.
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