Reply to My cousin's ex trying to take full custody--again

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[quote=Anonymous][quote=Anonymous]Sounds like legal harassment.  A judge already determined you're a fine parent.  I'd find a lawyer who not only deals with custody but legal harassment too.[/quote]

I was coming in to say the same/similar.

As others have said, no, your cousin can't sue anyone for anything here.

Is she using the same attorney as before? It's really hard to make a judgment based on your post, but this person seems a little...passive. Why is there a new judge on the case? It could be out of everyone's control re: retirement or something like that, but what is it? If the ex-husband filed to have the case moved, why was that request granted? Did your cousin's attorney notify her or respond? Why does the attorney think the son's preference would be disregarded if mom is trying to keep the 50/50 status quo?

I'm no expert in family law (I am not practicing and never practiced in the DMV), but generally you have to have grounds to request a custody modification. What are the grounds that the ex-husband cited? 50/50 seems to be practically presumed these days, so seems like a big hurdle for the ex-husband to win a case. I don't understand why cousin's strategy would not be to file a motion to dismiss based on the previous modification ruling. Even if that judge is no longer presiding all of the pleadings and evidence remain a part of the record of the case.

Who is representing the ex-husband? Are they aware of the previous motion? Your cousin should be asking for her attorney fees to be covered by the ex-husband. Doesn't mean it will happen, but it'll be hanging over his head.

Your cousin may want to seek out a new attorney. She might also seek out a legal aid clinic or any type of training for the lay person on family law to better understand what can and should be done in these cases. The legal system can be a mess, but judges generally aren't sympathetic to people that manipulate the system to keep pressing claims that have been found to be false or not actionable.

I agree with other posters that your cousin should get a therapist or adopt some practices to accept that this crazy is going to be in her life for at leas the next five years. I also think getting some tools to deal with her son and his feelings in this situation are key. Poor kid probably feels helpless and the truth is that there's probably very little his mother can do in reality. It's natural for him to be mad at her so having someone to help him deal with that. The son should be documenting any time the police are called to his father's house. Even if there aren't charges there should be a report. That's available via a FOIA request.

Good luck to your cousin.[/quote]

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