Q: How do I or should I respond ? I filed a petition to change parenting time and the lawyer is attacking my character
Hello! My ex and I have joint custody of our almost 8 year old. We live 3 hours apart. Previously, it was set to where we would switch off every week. School started and he went to school there and was with me breaks and weekends. However, I’ve been informed his dad’s girlfriend is verbally and mentally abusive to my child and his dad. She’s been manipulative and threatens to leave and keep their child from my ex. I recently filed a petition to change custody so my son would be with me during school instead. My son has repeatedly said he wants to go to school here, to me; his dad, and his therapist. However, I received a response from his lawyer fighting it, and attacking my character, citing my divorce (4 years ago), the fact that my kids have different dads( I have 3), saying it shows I’m unstable. I’m not sure if or how I should respond. We have the first hearing scheduled for august 24th, but no evidence is to be presented.
A:
I am sorry to hear that.
His lawyer's arguments are, in my view, weak. The issue in parenting time case is what is in the best interests of the child. Certainly, that includes the fitness of the parents. Verbal and mental abuse is a fitness concern. The fact you got divorced and your children have different fathers is not a fitness concern and it is inappropriate for the lawyer to even raise it.
By the same token, I would caution that 8-year-old's opinion holds no weight. He is not a suitable age and maturity to say where he wants to go to school, so the Court will not consider his opinion.
Also, since your ex has an attorney, I would recommend you get an attorney as well, if you can afford to do so.
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