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custody after mediation

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jimmyd916

Junior Member
What is the name of your state (only U.S. law)? CA

So i went to mediation and they said i should have my joint legal and physical custody back, alternating every week on friday. so we go to court and the mom says she doesnt agree with the mediation and the judge set the mediators suggestion as the temporary order until the trial. are the chances good that after trial i will still be awarded my joint physical and legal custody? that has been our arrangement for the last two years up until 2 months ago.What is the name of your state (only U.S. law)?
 


mistoffolees

Senior Member
Who knows... the judge will decide that after all the evidence has been presented at trial.

But getting something set as a temporary order is certainly an indication that the judge thinks it has some merit.

Clearly it is dependent on the state and the judge, but in some states, getting something as a temporary order gives a VERY high probability that it will be permanent. I would think that in EVERY state, it improves the chances, even if it's not a certainty.
 

CourtClerk

Senior Member
But getting something set as a temporary order is certainly an indication that the judge thinks it has some merit.
Not necessarily... not here at least. I've seen pp's that start at what the mediator has suggested turn into something completely different once the judge has gotten their hands on it. More often than people would like to know.

If what the mediator has suggested is fair and won't hurt anything, then why not go with it in the interim, especially since the interim won't be that long. The judge may find that the pp won't work in the long term.
 

jimmyd916

Junior Member
i think it will go good i have a lot of damning photos on the mom i just havent had to use them yet. the mother also has two restraining orders against me but i beat both of them and they were both dismissed. do you guys think i should get a lawyer for prelim and trial
 

Proserpina

Senior Member
i think it will go good i have a lot of damning photos on the mom i just havent had to use them yet. the mother also has two restraining orders against me but i beat both of them and they were both dismissed. do you guys think i should get a lawyer for prelim and trial



The photos will prove what?

And from when?
 

WittyUserName

Senior Member
OP, I'm going to revisit the advice you got in a previous thread from CJane:

"You're looking for ammunition to use against mom, when you should really be looking for things that work in your favor. The point isn't to discredit the other parent. The point is supposed to be to work on a schedule that is realistic and which creates a situation in which both parents spend a maximum amount of time with the children."

The damning photos of Mom may not be the smoking gun you think they are. Mom's same-sex relationship DEFINITELY isn't. Please listen to what you've been told.
 

jimmyd916

Junior Member
so youre telling me if i have a bunch of pictures of her going out and drinking, and i have pictures of her half naked that she posts on the internet, and i have some modeling thing that she tries to do and. in this thing it says what she likes to do and she says drinking and partying i shouldnt use that. I never used any of those pictures for the mediation but now its going to trial i think im supposed to do everything in my power to make her look like a bad person i mean how would it hurt, im tired of this woman, i went to mediation i am glad to accept the order but she wants to continually fight me for custody its ridiculous. So im going to hire a lawyer now and show hime the photos and see what he says.
 

Antigone*

Senior Member
so youre telling me if i have a bunch of pictures of her going out and drinking, and i have pictures of her half naked that she posts on the internet, and i have some modeling thing that she tries to do and. in this thing it says what she likes to do and she says drinking and partying i shouldnt use that. I never used any of those pictures for the mediation but now its going to trial i think im supposed to do everything in my power to make her look like a bad person i mean how would it hurt, im tired of this woman, i went to mediation i am glad to accept the order but she wants to continually fight me for custody its ridiculous. So im going to hire a lawyer now and show hime the photos and see what he says.

There is nothing wrong with those pictures and if you use them YOU'll only serve to make yourself look vindictive.
 

Zigner

Senior Member, Non-Attorney
so youre telling me if i have a bunch of pictures of her going out and drinking, and i have pictures of her half naked that she posts on the internet, and i have some modeling thing that she tries to do and. in this thing it says what she likes to do and she says drinking and partying i shouldnt use that.
Is drinking & partying & taking scantily clad photos illegal? Does it hurt the child?
I never used any of those pictures for the mediation but now its going to trial i think im supposed to do everything in my power to make her look like a bad person i mean how would it hurt
It would hurt by showing that you are perfectly willing to do anything in your power to harm the MOTHER OF YOUR CHILD. This isn't about you any more.
im tired of this woman, i went to mediation i am glad to accept the order but she wants to continually fight me for custody its ridiculous. So im going to hire a lawyer now and show hime the photos and see what he says.
Good. Let's hope the attorney can talk some sense in to you!
 

mistoffolees

Senior Member
so youre telling me if i have a bunch of pictures of her going out and drinking, and i have pictures of her half naked that she posts on the internet, and i have some modeling thing that she tries to do and.

Unless you're living in a Muslim country, those things aren't even remotely illegal, nor would they have any impact on custody.

As you've been told, focusing on perfectly legal behavior on her part is likely to HURT your chances for custody not help.
 

jimmyd916

Junior Member
seriously so your saying if my daughter goes on facebook and sees her mother half naked that sends a good example, muslim or not shes a mother, i could care less that she drinks and parties but she does it when its her week to take of the kids, she accused me of being a drunk in the restraining order, i wont use it if the lawyer says i shouldnt but i dont understand how going out partying taking scantikly clad pictures is in anyway a good example of how little girls should grow up and behave
 

Antigone*

Senior Member
seriously so your saying if my daughter goes on facebook and sees her mother half naked that sends a good example, muslim or not shes a mother, i could care less that she drinks and parties but she does it when its her week to take of the kids, she accused me of being a drunk in the restraining order, i wont use it if the lawyer says i shouldnt but i dont understand how going out partying taking scantikly clad pictures is in anyway a good example of how little girls should grow up and behave

We are not here to deal with your moral issues. We are here to deal with the legal ones.

Use those pictures if you want, just know they will hurt your case and make you look like a vindictive moron.
 

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