Bart's ex's amazingly ignorant "legal" letter to him about moving

Discussion in 'Parent Emeritus' started by SomewhereOutThere, Jul 4, 2015.

  1. SomewhereOutThere

    SomewhereOutThere Well-Known Member

    Bart's lawyer is licking his chops. As it is, he is a very well known and successful lawyer who knows all the judges and has never lost a residential custody case in all his years practicing law.He pulls no punches and Bart got the recommendation from another lawyer who said, "I always have trouble beating him" and HE was a good lawyer. Also, ex's lawyer from her custody battle chose this lawyer to handle his own divorce...lol. Kind of interesting there. If ex lawyers up and uses the other guy again, the men are buddies and her lawyer respects him a lot to use him for his own divorce, I'd think.

    Bart called me to read me a letter he got from his ex, who does not have legal representation yet, and doesn't have a rich father so she may not get any. The letter is basically told him that she is moving within sixty days (this is the legal timeframe in which she has to inform him) and it will be in another country (and she named it) and she is targeting a few cities (she named them) and that although she hasn't sold her house yet, she is going to definitely move with her husband, Junior, and her new baby within sixty days so she is just telling him. (He has joint legal so he has a right to say no, but she wrote like it's a done deal). She mentioned the school and said there were problems at his current school including bad parking for parents and a gun found in the middle school (not publicized on the news). She wants to move as far away from Bart as she can, although she does not intend on changing the 50/50 custodial agreement. Of course, if she did move there, it would be hard for Bart to see his son as often as he does. She keeps talking about how XXX County is a better county, yet Bart's lawyer said, "Hmmmph. All the judges grew up here. I don't know if they'll agree with that. This county is a fine county. No reason to leave it." He kind of chuckled at her in general.

    The lawyer did his homework too. Before he saw Bart, he read the entire case files a nd didn't charge Bart for doing it. I'm impressed. Back to the certified letter ex sent to Bart:

    Bart instantly faxed the copy of t his certified letter to his attorney who called back and was laughing. He told him she will be served and one of the requests will be residential custody at Bart's house since then Junior wouldn't have to change schools. Bart lives in a nice area and the school is highly rated and he has his own house. Junior has gotten stellar report cards and has many friends.

    The lawyer sent Bart a copy of the letter he is going to use for his ex. I'm not sure if it will also go to the judge, but the leter was top notch. It covered everything in a very neatly packaged way. If ex goes pro se against him, I almost feel sorry for her. He was hard on Bart when they first met. He will rip the ex to shreds because she has been doing nothing but trying to take Junior away from Bart and it is obvious.

    Maybe ex doesn't realize that lawayers and judges are intelligent, highly educated people and will just nod and say, "Yay, ok. You got it, Ex!!!!"

    Junior is starting to report his mother's plans to Bart so that Bart can help him stay in his school. He is very frightened of his mother.

    I am going to St. Louis area very shortly and look forward to seeing Bart and Junior. Honestly, since Bart's custody battle ended, I am closer to him than any of my kids. It varies, but he calls me every day, even though he now has a very respectable girlfriend, and we are getting along really well. (Which kid I am the closest too varies depending on what is going on with t he kid...I hear from all of them often).

    Anyway, I don't know if anybody else knows how silly what ex is saying is, but I wanted to share in case anyone does know. Plus it's a way to vent. This woman wants to take this child away from a very awesome father and it's not looking good for her, thankfully.
     
    Last edited: Jul 4, 2015
  2. Copabanana

    Copabanana Well-Known Member

    SWOT, I would be licking my chops too.

    If I understand correctly they have fifty fifty legal custody and they split residential custody.

    That means that the mother does not have any greater right to the child, than does Bart.

    With Bart, Junior is in an environment, a home, a school which would remain stable. It is secure. And has been proven to work well. He is thriving. Great grades. Friends. What is not to like?

    There is no guarantee what so ever that he would continue to thrive in a changed situation.

    She has gone on the record to say it is a done deal. That she will move no matter what. It looks to this observer that she has dug a hole for herself.

    Good. She can always backtrack. Decide not to move. But it sure does not seem like any right thinking person would uproot a child, without good reason. Just because the Mother decides she wants a change.

    At least I hope not.

    I do not feel one bit sorry for her. She over-reached. She seems to feel she has the right to dominate and control, no matter who she hurts.

    That is wrong. She deserves to be checked. I hope she is.

    Your ex is the hero here. He really came through with his financial help. But Bart is a hero, too. How many Dad's are there that step up like he has? Not many.
     
  3. SomewhereOutThere

    SomewhereOutThere Well-Known Member

    they have 50/50 legal custody, but he was scared and gave her residential custody.

    This lawyer now wants to switch residential custody to Bart because he lives in Junior's current school district. I think the lawyer expects to win as ex did not have any compelling reasons to move him to another school and he is doing really well where he is. That matters...consistency. Ex has already moved three times and he's using that too.j

    If both parents want custody, Missouri will give 50/50 parenting time. Residential custody is different. She already took him to court nine months after the divorce to file for soul lega custody and to give Bart only every other weekend and she lost big time. Now she is moving to block him out. I hope it is as obvious to his judge, who is no dummy, as it is to his lawyer, who I'm so grateful he was able to retain.

    I am extremely grateful to my ex. We get along really well and talk on the phone about Bart's crazy ex and he is going to help Bart all the way. I can't even explain how grateful I am. I don't have any money so if ex didn't help, Bart would be in deep trouble and so would junior.
     
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