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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: Served Papers  (Read 477 times)
Quantum Entangled

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What is your sexual orientation: Straight
Posts: 13


« on: January 22, 2014, 11:14:11 PM »

I was served a notice of first hearing for support and custody. I have been giving her money. I had a consult with an attorney last week, but frankly, I didn't get a good feeling from her (the attorney). I wanted to keep looking this week. The papers were filed end of Dec or so. The hearing is the 30th which gives me very little time to find an attorney. Is there a 30 day rule or anything in New York? Shouldn't I have time to find and consult with an attorney before the hearing?
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maxen
Retired Staff
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Gender: Male
What is your sexual orientation: Straight
Who in your life has "personality" issues: Ex-romantic partner
Posts: 2252



« Reply #1 on: January 23, 2014, 07:20:18 AM »

hi QE. i'm in new york, but we don't have children so i can't comment on support. if there's any other way i can help let me know.
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Waddams
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Gender: Male
What is your sexual orientation: Straight
Who in your life has "personality" issues: Ex-romantic partner
Relationship status: Living single, dating wonderful woman now
Posts: 1210



« Reply #2 on: January 23, 2014, 08:06:41 AM »

If you didn't like the L, then keep looking.  I've noticed that you can get a lot of input on Avvo.com.  Post some legal questions, and see which lawyers respond.  Ask about experience with a high conflict/personality disordered ex-, and how legal strategies and tactics are different for approaching those types of cases as opposed to the more collaborative, negotiated settlements where most cases end up.  State you don't think that approach will work with your ex- and you expect a dirty fight, with lots of obstruction, delays, and vindictiveness from the other side, and if you need a different approach than most otherwise you fear you end up with an outcome that will be a very bad start for moving into your new life.
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ForeverDad
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Gender: Male
What is your sexual orientation: Straight
Who in your life has "personality" issues: Ex-romantic partner
Relationship status: separated 2005 then divorced
Posts: 18623


You can't reason with the Voice of Unreason...


« Reply #3 on: January 23, 2014, 09:39:26 AM »

Usually the first instructions you get from a lawyer are to stay quiet at the hearing.  My second lawyer said his #1 job was to sit on his clients so they didn't talk themselves into more trouble.

However, if you have a misbehaving spouse, you can't just sit there and let the stbEx paint you black or let the judge just ask the usual "What are your work schedules?" as if that would inform the judge who the more involved or more capable parent is.  Sadly, in cases like ours, it is not a typical more-or-less cooperative separation or divorce process.  We need to speak up for ourselves.  So ask your attorney to advise or coach you on what things not to say or how to say them properly versus staying totally silent.

Focus more on her parenting behaviors than her adult behaviors.  Sure, stbEx may have screamed, ranted, raged and maybe even hit you, but judges are there trying to figure out where the children should be.  Judge's won't worry too much how you were treated.  So ponder what poor parenting behaviors she had.  Can you document any of them?  Usually a temp order hearing is only a half hour or so and that limits what you can say or submit, but don't let your lawyer stay silent.  Being passive in court is not a good strategy when dealing with an acting out xPD.  You and your lawyer need to be assertive and proactive.

Maybe the hearing can be delayed while you find a lawyer or bring one up to date.  I don't know.  Your goal should be to make sure that any order issued is as less unfavorable as possible.  Once one is issued, even a temporary one, it's an uphill struggle to get it improved.

Beware of sitting silent for a lousy temp order and your lawyer saying, ":)oesn't matter, we'll get it fixed later."  Most members here have a divorce case that takes 1 to 2 years.  Meanwhile, the temp order becomes the "new normal" for your children.  And temp orders have a likelihood of morphing into a final order, after all, the judge may reason the temp schedule must be okay since it lasted that long and he/she doesn't want to change what seems to have worked.

In my case "fixed later" was over 20 months later by means of the Final Decree.  Our magistrate refused to modify the temp order even though the court's parenting investigator recommended I move from alternate weekends to equal time and the experienced custody evaluator recommended mother immediately lose her temp custody.  All this while ex raged at the pediatrician's staff and the pediatrician "withdrew services".  All this while I had to approach the court 3 times, the last time was to get the magistrate to sign a specific court order, to get access to my child's therapy records.

All I can say concerning the entire process is that it took a half hour for my then-spouse and now-ex to get temporary custody and majority time.  It took me nearly 2 years to get equal time, over 5 years to get sole custody and over 8 years to get majority time.  I don't think that slow process was fair to our child, he was 3 when we entered the system, I just recently got majority time and he's 11.  Two thirds of his life.  And he doesn't even realize how he was impacted.

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