Mediation then back on the revolving carousel?

[SCMommy78]

What is the name of your state (only U.S. law)? SC

I posted on here awhile back before and after my emergency hearing with my ex husband. All of his requests were denied and the judge upheld our current agreement which states we MUST attend a 1/2 day of mediation before he start a new lawsuit. He recently relocated to MD for the military but it was an assignment he volunteered for. My daughter is staying with me in SC. My question is, can he come to mediation and refuse to even bargain or discuss anything. What's the next step after that? Back to court or can he sue me and start the whole 1 year + process again? I'm in debt up to my eyeballs right now, I cant afford to spend another $20k. He will accept nothing less than sole custody. At some point this has to end right?

 

[LdiJ]

What is the name of your state (only U.S. law)? SC

I posted on here awhile back before and after my emergency hearing with my ex husband. All of his requests were denied and the judge upheld our current agreement which states we MUST attend a 1/2 day of mediation before he start a new lawsuit. He recently relocated to MD for the military but it was an assignment he volunteered for. My daughter is staying with me in SC. My question is, can he come to mediation and refuse to even bargain or discuss anything. What's the next step after that? Back to court or can he sue me and start the whole 1 year + process again? I'm in debt up to my eyeballs right now, I cant afford to spend another $20k. He will accept nothing less than sole custody. At some point this has to end right?

I am sorry, but yes, he can do exactly that, and put you through the merry-go-round again. HOWEVER....the fact that he moved out of state, and particularly that he volunteered for the assignment pretty much kills any chances he would have of ever getting primary custody, and sole custody was never a viable option in the first place.

Consider representing yourself the next time around, or making sure that you have an attorney who will agressively pursue dad paying your legal fees for frivolous filings. Generally it doesn't stop until the other party gets to the point where they are up to their eyeballs in legal debt.

Sometimes representing yourself when it gets like this can be a wiser move, strategy-wise. If dad sees that he is spending money out the wazoo for an attorney and you are spending next to nothing because you are representing yourself, he may get smarter and back off. Or, in the alternative if he gets stuck with both your legal fees AND his, he may also get smarter.

 

[SCMommy78]

Thats what I thought! Well I think I have a good shot of him paying my fees if he tries again. We get the same judge every time! lol He's gotta be tired of us by now!

 

[Silverplum]

Thats what I thought! Well I think I have a good shot of him paying my fees if he tries again. We get the same judge every time! lol He's gotta be tired of us by now!

That's how it's supposed to work, and for just such a reason.

 

[SCMommy78]

Thank the lord. Because the money we've spent could have been better spent in a college fund! :\ Thanks for the insight! I really appreciate it. I'll post after mediation next week. I'm PRAYING that he will atleast consider making an agreement in mediation. In my mediation statement I've practically given him every extended vacation from school and nearly all of summer! I want her to spend time with him! It's hard to keep being nice to someone and being fair to someone when they keep stabbing you in the back. But I try to remember it's not about me or my feelings...it's what's best for my daughter. Who knew being a parent was so hard!