To Negiotiate or Go to Trial


#1

I filed for custody of my 2(ages 8 and 11) children,we’ve been thru mediation(didn’t work). They have been voicing that they want to live with my wife, their step sibling and myself for the past 4 years. My ex is in an abusive on again off again relationship and the kids are sick of all the unstability and so am I(Did I mention she’s s a gold digger). (Not to mention she tells them things that are lies and things that they shouldn’t know in hopes of harming their relationship with me) She knows the kids want to live with me but she is fighting it b/c of the childsupport. I know my chances are very good if we go to trial: I have them envolved in church activites, football and horseriding. None of which she has ever attended or helped pay for. I spend true quality time with them and we are VERY close. She on the other hand, doesn’t work, her car is not in her name,lives with her bf (once fiance), her credit is horrible,she’s terrible with money but she does attend their school functions since their school is 3 min from her home and 30 from mine(I attend what I can).(Long story short, she moved the kids 30 min away from me and all their family, 4 ys ago without consulting me). My question is…with knowing that the kids want to live with me and they are ready to tell a judge do I try to get her to work things out with me before trial(in hopes of saving $$$) or should I just go ahead and let the judge handle it? My attny suggested having a trial period with the children being with me the majority of the time till November and put the hearing off till then(they have been with me the mj of the summer and I’ve still had to pay her cs and they don’t want it to go back like it was)? The attny says that the judge will less likey rule in their mother’s favor if the children are happy with me and doing well in school. What do I do? I’m really ready for all this to be over but I want to do what’s most benificial for me and the kids.


#2

I always suggest working things out to avoid court if possible, however it does not seem like your ex is very reasonable and since mediation has already failed it seems as though the case will move forward to trial. I do however agree with your attorney that a trial period could further bolster your case if your agrees to such an arrangement I suggest you take advantage of the opportunity.