Is my sons ongoing custody battle typical or is he being taken advantage of??

[suemoceri]

My son won custody may of 09,after three trials and 50,000 debt.The mother basically lost due to alcohol,drug use moving child seven times in two years basically unstable enviroment. Since then she has taken him to court twice.She claimed unfair trial and council.this was rejected.Two months ago she file a tro with a motion to modify attached bogus alligations of abuse and medical neglect. After a three hour h.earing (and 15,000 charge) the judge called the attorneys to his chambers to rec to her attorney to dismiss tro.Now he has a case management coming up,which my son asked his attorney to file a motion to dismiss since this motion to modify is the exact same charges as the tro.This was denied by the judge.My sons attorney stated she knew he would not dismiss since he stated this at the tro??Then why file?? My son asked his attorney several times if he could use the unclean hands law since she had not paid child support, medical bills,or followed many of the stipulations set by the judge in the current motion.He feels he is not getting a straight answer.Should this be filed for the case management??His attorney states there will definitely be another trial? Isnt this what the case management is for to determine if there is enough evidence for a new trial?? It seems he is being taken advantage of and not getting straight answers like his attorney wants another trial even though he has told her he is out of money??Can anyone please answer these questions?Why would this be continued if the judge determined at the tro hearing these were bogus charges??What is a case management?Could the judge dismiss at the case management or will there definitely be another trial?? And finally when do you file unclean hands at case management or if it goes to trial??HELP:angel

 

[army judge]

We all have the right to bring litigation.

If she owes back support, your son should file a petition with the court asking that she be held in contempt.
When he wins (and he will if things are as you say), he should attach her wages and assets to satisfy the judgment for child support arrearage.
If she doesn't do as she's told, the next time he should get the court to lock her away in jail for a few weeks.

 

[suemoceri]

Son just informed me that she just (end of last week ) made a deposit on her card?? Apparently he filed with the state for unpaid child support.AT the time of her filing she was not current.Can the unclean hands law stil apply if unpaid medical bills (shes responsible for half) is unpaid?Also she was to go to drug rehab and aa and give my son a weekly report from both as directed by the judge in current motion.He has never recieved even after several requests.He was concerned due to the fact she was driving his son under the influence(that was proved in prev court case).She is to keep him informed of new employment .She has had 4 jobs since May and never informed per motion??

 

[suemoceri]

can the unclean hands law apply to a motion to modify custody if person filing the new motion did not comply with judges previous custody ruling.Such as non payment of medical records? Bi-weekly proof of drug court and AA meetings? Doing exactly what she alligated in her new motion,example she states in her new motion to modify that the childs custodial parent failed to keep the school properly informed of childs asthma meds regiment.(proven false)Two weeks ago she dropped the child off at school,he was coughing and struggling to breath no instructions were given to school nurse and they could not find her or contact her untill noon?????

 

[suemoceri]

can the unclean hands law apply to a motion to modify custody if person filing the new motion did not comply with judges previous custody ruling.Such as non payment of medical records? Bi-weekly proof of drug court and AA meetings? Doing exactly what she alligated in her new motion,example she states in her new motion to modify that the childs custodial parent failed to keep the school properly informed of childs asthma meds regiment.(proven false)Two weeks ago she dropped the child off at school,he was coughing and struggling to breath no instructions were given to school nurse and they could not find her or contact her untill noon?????

 

[army judge]

can the unclean hands law apply to a motion to modify custody if person filing the new motion did not comply with judges previous custody ruling.Such as non payment of medical records? Bi-weekly proof of drug court and AA meetings? Doing exactly what she alligated in her new motion,example she states in her new motion to modify that the childs custodial parent failed to keep the school properly informed of childs asthma meds regiment.(proven false)Two weeks ago she dropped the child off at school,he was coughing and struggling to breath no instructions were given to school nurse and they could not find her or contact her untill noon?????

This has nothing to do with unclean hands doctrine.

She is in contempt.

Your son should speak with his attorney about her non-compliance to the judge's orders.

There is a cure for the situation without doing anything new.

Take her to court and the judge will make sure she pays or regrets her recalcitrance.

Don't worry about how she parents the child, when the child is with her.

You'll never win that one, and it will only frustrate you.

Do the best you can when you have the child.

Hold her accountable to follow the judge's orders.

Other than child abuse or neglect of the child, the other stuff is not actionable.

Let it go.

 

[suemoceri]

Thank you for all your help. Should this contempt charge be filed now before the case management or if this goes to trial again?

 

[army judge]

It can be done parallel to the process. The court will decide when to hear the matter. It won't be part of the case management process.

 

[suemoceri]

Thanks for all your advise.. The motion to modify was dismisssed???but whatever the child is in the best place, thats all that matters.