My partner was just served with papers being sued for custody from his ex. This is some of what it states:
“To avoid controversy and conflict between the parties over the custody of the minor children, it is in the best interests of the parties and the minor children that this Court makes an award of custody of said minor children” and “Pl. and Def. have not participated in litigation concerning the minor children at issue, that no one other than the parties to this action have physical custody or claims to visitation rights as to the minor children, and to Pl. has no information of a custody proceeding concerning the minor children pending in a Court of this or another state”
It also states that she is a fit mother for full custody and he is a fit father for visitation. Also that it is in the best interest of the of the minor children that their sole physical and legal care be vested to her.
They have a joint 50/50 custody agreement in place (between them and signed by their attorneys in the beginning) for the past 3.5 years. There have been no issues other than late when they had a disagreement on who is to pay for remote learning childcare (she can work from home and he can’t, she also makes more than he does). How can he find out exactly what this is about without getting an attorney first? If there have truly been no pressing issues does she have any grounds to sue for sole custody? It is just very odd.
We suspect that she is possibly wanting to move out of state or just to try and have a judge decide…
or is this more about a control issue? She had an affair and she left the marital residence which he still lives in. There is nothing to show he is an unfit parent. Just not sure what the next steps are.
At the end it says that the Pl. be granted temporary and permanent sole custody and control…Can she try and take them now? He has apparently 30 days to respond. We just arent sure what is going on and what to do. Not to mention the Sheriff served his 11 year old daughter today since he was at work and the grandparents were watching the children.
Is there a chance to get this dropped and get her to pay legal fees? It just doesn’t make sense.