Tuesday, November 28, 2006

Pre-Trial Report

As our attorney told us yesterday, our case just got a lot better. The guardian ad litem gave his report in court yesterday, recommending that the children remain with us and that their father get counseling to help him deal with the anger & pain he still feels over the divorce. The ad litem said that the only reason he can see for a change of custody is because that is what the kids think they want, not that they would actually be better off with their father. He comments that the kids seem to be manipulating the rift between their parents to their favor, controlling the situation by using the fact that J & her ex are not on good terms. Basically, playing them against one another. He feels that the boundaries that we set are better for the kids, that we don't allow the kids' acting out in an attempt to control the household to sway us and, further, that the kids are not mature enough to make the decision on where to live. The ex's lawyer pitched a fit when he heard that and said that the judge was supposed to listen to the kids. The judge responded that he listens to kids when they are mature enough, but that according to the ad litem's report, ours are not mature enough. The attorney pushed the judge into doing an in-camera interview anyway. I am not so sure that was a smart move on his part. It's only going to piss the judge off, to be pushed into doing an interview he doesn't deem necessary. We shall see what he rules on Tuesday next. I guess I am to be the star witness. Better get a haircut.

1 comment:

Andi said...

I'll be thinking of you as I teach my puppet class tomorrow. I'm glad that the guardian ad litem really is advocating for the children's best interests. It would have been so easy to go with what the kids say they want. I wish that his would finish things once and for all, but somehow I doubt that the asshat is going to give up that easily.