has anyone had child custody mediation and the other parent was awarded temporary sole custody?
i have this issue just recieved my copy of mediation report for child custody. The mediator awarded the father of our 13 yr son temporary sole custody until our next court date. So i hired an attorney can she convince the judge that our children are better off with me.(mother) also the report said we have joint of our daughter who is 8yrs. Has this happend to anyone where it went a different way with the mediator then a different way with the judge?
Has anyone bothered to raise the issue that your ex is an "ex-con"? I would have thought that would be an issue for custody. And yes, you need a lawyer. Never ever ever go to court without a lawyer. You need someone to protect your rights and make sure that no one pulls a fast one on you!
You may also have to hire a private detective to check up on your ex. Bad character will not look good for his chances of custody. And can you prove that your son’s school work has gotten worse under your ex’s supervision? That is also a no-no!
Get that lawyer and get working on it! By the way, did you agree with mediation? I think that is always a mistake. Anyway, get that lawyer.
Typically they will not award a father sole custody unless the mother screwed up REALLY bad. Or, the child (if over 13) wants to live with the father.
Either way, sounds like you should just let the boy stay with his Dad. Either they don’t think you’re a fit enough parent, or the boy just really wants to be with his Dad — both are good reasons for him to stay there.
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The mediator has a lot more clout with the judge than your lawyer. I doubt you can change the ruling. You’ll likely have to wait till the next court date.
Shame on you and your ex for doing this to your children. It seems you can’t be adults. It should never get to this stage.
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It appears the 13 year old is in need of greater contact with the father. This doesn’t mean you’re a bad mother, but perhaps you’ve been a little excessive, not wanting to see your first born grow up.
If you want to present a counter motion, ask that the children be given joint physical custody of you, the parents.
BIRD NEST CUSTODY
It’s a form of access or custody where the children stay in the former family residence and it is the parents who rotate in and out separately and on a negotiated schedule.
The children simply live at "home" and the separated or divorced parents take turns living with them there, but never at the same time.
The core element of this arrangement is that each parent maintains a separate residence where they live when it is not their turn at the "bird’s nest". When one parent arrives for his/her designated time, the other vacates right away, so as to minimize or eliminate the presence of both at the same time. The separate residence could be a rented room, stay with friends or relatives, or the parents could share the cost of renting a two bedroom apart, with each having a secured room.
At times, bird’s nest access can be coupled with specified access with the other parent say, for example, for dinner one night a week.
Sometimes, this form of access or custody will end when the youngest child reaches the age of majority at which time, one parent either buys the other out of their interest, if any, in the former family residence, or it is sold and the proceeds divided pursuant to the matrimonial property regime or separation agreement.
The arrangement can be expensive as it generally requires that three separate residences be maintained, the "nest" and a separate residence for each parent.
The concept is somewhat novel and appears to have as its origin a Virginia case Lamont v Lamont.
In Canada, Greenough v Greenough was a ground-breaker case in that the Court implemented a bird’s nest custody order even though it had not been asked for by either party. Justice Quinn, in Greenough stated:
"In Lamont … the court made a bird’s nest custody arrangement in which the children (aged 3 and 5 years) remained in the home, with the mother staying in the home during the week and the father on the weekend. I think that the benefits of a bird’s nest order are best achieved where the children are able to stay in the matrimonial home, particularly if it has been the only residence that they have known….
"Time and time again I have seen cases (and this is one) where the children are being treated as Frisbees. In general, parents do not seem to appreciate the gross disruption to which children are subjected where one of the parents has frequent access. In this regard, I do not believe there must be evidence that the children are suffering before the court is free to act. To me, it is a matter of common sense. At the risk of falling prey to simplistic generalities, I am of the view that, given a choice, I do not see why anyone would select a living arrangement which involved so much movement from house to house."
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http://groups.yahoo.com/group/GiveKidsAChoice/
No. It doesn’t matter if you hired the late Johnny Cochrane (uh for you younger folks he was the attorney who got OJ Simpson and Michael Jackson off the hook), the judge will decide based on the mediator and your testimony.
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Has anyone bothered to raise the issue that your ex is an "ex-con"? I would have thought that would be an issue for custody. And yes, you need a lawyer. Never ever ever go to court without a lawyer. You need someone to protect your rights and make sure that no one pulls a fast one on you!
You may also have to hire a private detective to check up on your ex. Bad character will not look good for his chances of custody. And can you prove that your son’s school work has gotten worse under your ex’s supervision? That is also a no-no!
Get that lawyer and get working on it! By the way, did you agree with mediation? I think that is always a mistake. Anyway, get that lawyer.
References :