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Family Court Strategies: When Your Partner Has BPD OR NPD Traits. Practicing lawyer, Senior Family Mediator, and former Licensed Clinical Social Worker with twelve years’ experience and an expert on navigating the Family Court process.
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Author Topic: Gearing up to file custody mod.  (Read 1910 times)
Matt
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Who in your life has "personality" issues: Ex-romantic partner
Relationship status: Divorced.
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« Reply #60 on: March 04, 2014, 09:25:25 AM »

Sounds like a solid, sensible plan to me.
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ForeverDad
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Who in your life has "personality" issues: Ex-romantic partner
Relationship status: separated 2005 then divorced
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You can't reason with the Voice of Unreason...


« Reply #61 on: March 04, 2014, 10:08:23 AM »

It is commented often that trying to avoid one problem (or encounter, conflict, etc) can end up causing more trouble than if we had just dealt appropriately with the first one.  In your case, you have something which seems very actionable, you may not get an 'opportunity' like this again.

Example, a member doesn't want to cause trouble for the other spouse and so doesn't call police or make a report or drops a case in court.  Then that niceness or timidness is 'rewarded' with a similar claim against the member.  In cases like ours it doesn't pay to be too nice or too thoughtful or even too fair, it will more likely be used against us.
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Waddams
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Relationship status: Living single, dating wonderful woman now
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« Reply #62 on: March 04, 2014, 10:16:54 AM »

Excerpt
It is commented often that trying to avoid one problem (or encounter, conflict, etc) can end up causing more trouble than if we had just dealt appropriately with the first one.  In your case, you have something which seems very actionable, you may not get an 'opportunity' like this again.

Example, a member doesn't want to cause trouble for the other spouse and so doesn't call police or make a report or drops a case in court.  Then that niceness or timidness is 'rewarded' with a similar claim against the member.  In cases like ours it doesn't pay to be too nice or too thoughtful or even too fair, it will more likely be used against us.

I know.  And I'm going to act.  Every other time I've been in the legal arena, I've done very well so far.  I'm always very prepared and very focused on our son.  She's always very focused on punishing me.  And I'm able to let her villianizing (great word my T came up with!) be water on a ducks back and stay focused.  I know I can do this. 

I'd just rather spend my money on something else... . like a 7 seater vehicle that we really need.  Or a nice cruise vacation that we also really need!

I'm wondering if there's a way to get an order for reimbursement of legal fees from a custody mod.  I know it's possible for a contempt action, but I'm not filing contempt.  Should be fun.
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Matt
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Relationship status: Divorced.
Posts: 14130



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« Reply #63 on: March 04, 2014, 10:26:24 AM »

If the other party is acting unreasonably, and that is increasing your costs - legal fees, time off work, etc. - you can request, as part of your motion, that your costs be awarded to you - the other party will have to reimburse you reasonable and documented costs.

Our members here who have asked for that usually don't get it the first time you ask.  The judge may say, "I'm not going to award legal costs to Mr. Waddams at this time, but if either party acts unreasonably in the future I may award costs to the other party." - putting you both on notice to act right.  Then if the unreasonable behavior continues you'll have a good chance to get legal costs awarded.

Doesn't hurt to ask.  Make sure to state what unreasonable behavior the other side has engaged in, and why you think it's unreasonable, and how that has cost you more.
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Waddams
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Relationship status: Living single, dating wonderful woman now
Posts: 1210



« Reply #64 on: March 17, 2014, 03:10:33 PM »

Paid lawyer today.  Hopefully it will be filed soon and then the fun begins. 
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