Question for Ohiogal

[ray123]

What is the name of your state? LA

 

[ray123]

Chance of getting full custody?

I went to court yesterday. My attorney and the ex's attorney met with the Judge before the hearing. I was listening to them talk and I heard the judge state to my attorney that since I am domicilliary parent and the child resides with me he saw no need for a change of custody. However due to the pics of the marijuana he would strongly pursue supervised visits. I drew up a plan before I went to court: I wanted sole custody of our son. I wanted my ex drug tested once a month for the entire year. For the first 90 days there would be no in home visits or overnight visits. For the other 9 month's, in home visits would be allowed but no overnight visits. If my ex tested positive all visitation would cease. No drugs or alcohol would be in my son's presence during his visits with his mom or visitation would cease. For the entire year no overnight visits. The ex would receive visits every other weekend from 9:00 am to 5:00pm. She would be responsible for picking and dropping off our son. After 1 year we would go back to normal visits. I told her attorney to either give me what I want or we could go before the Judge and let him decide. Everything listed is what i received except sole custody. Did I make the right decision or should I've let the Judge decide? Why did her attorney agree to my terms? If the judge decided would I've received more? Not that I'm not happy with the outcome but did her attorney think I would get more from the Judge? It just seemed to good to be true and was wondering if I overlooked something?

 

[GrowUp!]

Why did her attorney agree to my terms?

Umm...unless OG -- or any of us -- were the attorney, it's impossible to answer.

If the judge decided would I've received more?

Received more what?! And keep in mind, that if the other parent tests positive, then you must file the appropriate motions in court. You don't get to simply cease them on your own.

 

[Ohiogal]

I went to court yesterday. My attorney and the ex's attorney met with the Judge before the hearing. I was listening to them talk and I heard the judge state to my attorney that since I am domicilliary parent and the child resides with me he saw no need for a change of custody. However due to the pics of the marijuana he would strongly pursue supervised visits. I drew up a plan before I went to court: I wanted sole custody of our son. I wanted my ex drug tested once a month for the entire year. For the first 90 days there would be no in home visits or overnight visits. For the other 9 month's, in home visits would be allowed but no overnight visits. If my ex tested positive all visitation would cease. No drugs or alcohol would be in my son's presence during his visits with his mom or visitation would cease. For the entire year no overnight visits. The ex would receive visits every other weekend from 9:00 am to 5:00pm. She would be responsible for picking and dropping off our son. After 1 year we would go back to normal visits. I told her attorney to either give me what I want or we could go before the Judge and let him decide. Everything listed is what i received except sole custody. Did I make the right decision or should I've let the Judge decide? Why did her attorney agree to my terms? If the judge decided would I've received more? Not that I'm not happy with the outcome but did her attorney think I would get more from the Judge? It just seemed to good to be true and was wondering if I overlooked something?

You did the right thing by settling. A judge may not have ordered you to get sole custody. Those words do not mean a lot quite frankly depending on the wording of the rest of the plan. And with settling there is no guesswork -- it is a sure thing. As for whether something was overlooked i do not know.

 

[ray123]

Thank you!

Thank you Ohiogal, I appreciate it. I'm happy with the the final outcome. Ohio, I've been trying to work with the mother for 14 years now. I've always been honest with her and I've always tried to make visitation as fair as possible but the mother keeps restricting me from doing that. I just hope she can clean up her life before she is incarcerated or overdoses on drugs. I don't want to be the one to break that news to my son. I can't thank you enough and I'll see you around in the forum.


Ray123