Court Ordered Dates

mom2my2cuties wrote: Ok - the courts have given my ex husband's parents until the 15th to file for custody of Michael. Well I am just wondering because in my opinion, you are told that - you do it immediately! You don't wait around. He ordered this as of Tuesday morning. Supposedly my ex In Laws hired an attorney that day, it has now been almost a full week and we haven't heard anything from the attorney they supposedly hired. Nor has anything been filed.

Now I just want to know what "NORMAL" people would do? I mean if you were truly concerned about this child - how long would you wait to file??

Calimama replied: I would do it the same day! They have until the 15th of THIS month? Today is already the 11th!

luvbug00 replied: I would be all over that like white on rice! SAME DAY!

gr33n3y3z replied: same day
here also

mom2my2cuties replied: Yes - they were told on the 5th that they have until Friday, December 15, to file for custody or Michael will be placed with me.

redchief replied: If they've hired an attorney, he / she will not file until the last day. This will be so that the lawyer can get all of the discovery he/she thinks will be needed, and to give her time to decide whether or not they have a case. The day before the eleventh hour she will contact the family to let them know how she thinks the case will proceed, including whether or not she thinks they have a case at all. Not to be a pessimist, but don't count your chickens before they've hatched.

mom2my2cuties replied: See - I am doubtful that they have even hired anyone - because in Washington - once you have an attorney - you have to file a notice of appearance at least that is what I have been told. And they have been saying all along they have hired an attorney. And claimed that they "Didn't know" they had to get actual legal custody of Michael, for him to be living there with them. is all i have to say to that one - because that is just common sense. Because they KNEW if I found out I would be all over them.

I am not counting on anything I have determined that this court system is about the most crooked that it can be.

Under the law - they have no case really. Especially in Washington - So it really can't get past the Adequate Cause hearing if they follow the letter of the law. Which doesn't usually happen here. But I am just curious. My attorney has made it VERY clear to everyone, that come January, if I don't have my son back, we will be heading to Olympia to take this before the state supreme court. Or rather if the Comissioner grants Adquate cause she will appeal to a real judge, then if it keeps going that way - then she will appeal to Olympia to take the matter.

Hillbilly Housewife replied: Just from experience here, since my mom's a lawyer... routinely people wait the full 10 days... why? because it makes the other people think they're not going to.

It's mean... gives the people hope, then WHAM there it is.

Don;t ge tyour hopes up sweetie, just in case.

punkeemunkee'smom replied: I am with Ed on this one...a good attny. will wait to file any motions until the date #1. To throw you off and take you by surprise ,if you will. and #2. Like Ed said for discovery and to go over the facts of the case. They don't work like you and I in our everyday lives in a law office. They may not even sit down to really digest the case until the night of the 13th and the paperwork is probably already filled out by a clerk and attached to the file waiting for the attorney to give the nod....I am a bit confused by one thing-you are filing for legal custody? Did you give your rights up or were they severed by a court previously?(I know you said you gave Mikey to your Ex but if you still have any parental rights I am unsure as to why they are giving you this runaround) In either event, they may be waiting for the paperwork to come from that court as to why,etc... In order to build their case against you. How long did his grandparents have him? I think if it was me I would be pushing for a judge bound by the law to decide my case-in something this important I would not want to be bound by a comissioner,an advocate or a mediator-they can put their own spin on things If it was all me then I would have filed any paperwork needed 10 minutes after I knew I could but if they hired a family lawyer-you won't know until 5pm Friday

mom21kid2dogs replied:
Ed's right. My husband is an attorney. Rarely do they file ANYTHING before the date it is due for a multitude of reasons not the least of which is time. That's why the court allows plenty of it. Most attorneys have more than one client, more than one deadline, etc. You won't be out of the woods with it until day 16 and then it might not be a done deal.

mom2my2cuties replied: No I didn't give up my rights at all - the run around is because the law has recently changed in WA state...And because the comissioner things I need to prove I am fit mom because back when I brought this to the courts the first time - they felt that I had manufactured the whole case. Which is totally moot now - considering it's pretty clear since he is sitting in jail for that same stuff, only a different child, now. That me being around Michael was a detriment to Michael.

And my ex's attorney is trying to claim I have abandoned Mikee - just because that is what my ex says. Like anyone can believe the words of a child molestor right??

The grandparents have had Michael for 14 months now. Although, I have only known about this whole thing with his dad since the beginning of October. The Grandparents have been telling me that his dad is there - And just wasn't ever in when I called.

mom2my2cuties replied:
Not here - they are very particular about time constraints here. You get no continuances/extensions unless it is something serious or something that has been on the books for months.

redplaydoh replied: I hope all of this is behind you soon!

Kentuckychick replied:
Sounds to me like if they were TRULY concerned with what's in Mikee's best interest then they wouldn't file at all!! Heck, maybe they'll surprise you and not file at all (though I agree not to get your hopes too high) and just let Mikee come and live with his mom and be happy.

In my opinion that's what someone who REALLY loved him would do.

sparkys2boys replied: well hun, all I can say is that I hope this is over for you soon. You all have been thru soooo very much.

Cece00 replied:
I dont think you abandoned him, but were you paying c/s and visiting/calling him? Sorry, I dont know the whole story so I didnt know if you had said this before. But anyway, if you werent, that may be the reason the atty is claiming abandonment.

I hope all of this gets sorted out for you soon.

mom2my2cuties replied:
Yes I sent support - There is no court ordered support however and I found out when I would send money it would go to my ex's legal fees and not to Michael, so I started sending walmart gift cards or I would buy things myself and send them. And yes I called every weekend - on Saturday or Sunday afternoon. Only about once or twice a month would they answer the phone. I have my phone records showing that which my attoreny entered into evdience.

CantWait replied: Well at first I put same day, but after reading Ed and Rocky's initial response, that totally sounds right on. For your sake, I hope they haven't filed and aren't planning on it.

luvmykids replied:
Same here!

But being they aren't normal they're probably either waiting until the last second or will wait until that day comes and goes and then raise heck in one way or another just to mess with you

Cece00 replied:
Then his atty has very little case to argue abandonment.

mom2my2cuties replied: Actaully - his attorney has NO case to argue it. I got to thinking about it after I said something today and it hit me - when it comes to abandonment - my ex husband's attorney has really NO room to talk about that considering the fact that my son has had NO contact (or he is not supposed to) with his dad in 14 months.