Friday, November 16, 2007

Legal Slight of Hand Causes Trial Delay

Today felt somewhat stressful, but about 1 hour before the end of my shift I started thinking "The next time I work, this will all be over". It finally started to feel real to me, like we would actually have a resolution.

In fact, when I was leaving I commented to Adam and Pam that I didn't feel at all stressed or anxious like I thought I would, after work I felt excited. It became exhilerating to think that the trial would soon be over.

So after I said that, I sit down in my car and call Beth, my Lawyer. Its the friday before my Trial so I wanted to make sure that she didn't need me to do anything else.

This is the point in my story that my 'high' dissapears and reality gives me a swift kick to the face. Beth breaks the bad news, on Wednesday Nicole's lawyer filed another motion to Dismiss Jadon from the divorce, Beth didn't actually find this all out until Thursday, and a hearing was set for 4pm on Friday (today). I don't need to be present for it, but I decide it would be in my own best interests if I am there to hear the results.

Essentially what the Motion to Dismiss is based on is a new trial dealing the De Facto Parent status that was just completed at the beginning of this month. This trial is definitally a different situation than my own, but there are some similarities and based on those similaraties I could potentially lose my ability to get custody of Jadon, which is why he would be dismissed fromt he case. Which means I would automatically lose Jadon.

There are rules that need to be followed in court however, and one of them that relates to this situation is something along the lines of us needing this new information at least 5 days before trial. Now, part of thier motion to dismiss included a motion to essentially ignore this 5 day rule.

What my lawyer proposed to the judge was that he deny this motion to ignore the 5 day rule and do one of two things. The first suggestion she made is that since trial is already set for the next two business days that the judge just incorporates this motion and its new information into the Trial, the second suggestion is that the trial be continued another time and a certain date bet set for the hearing.

Because the judge had such a huge criminal law slate he hadn't had time to look over our case yet for this hearing. He was going to examine the file for the trial over the weekend. Due to this information we all agreed it was best to cancel the trial, the hearing to determine if Jadon is dismissed from the divorce case happens on Monday November 26th, and depending on the outcome of that, I could very well lose this trial.

Now, when the hearing happens on Monday the 26th that is when we will schedule the new trial, and as of right now the earliest date they have open for trial is around the 2nd week of February.

Frank has waited too long and his rights over Jadon default, one step closer to adoption. This hearing will probably go my way and the delay can only help my case as long as the hearing works out. This also screws with Nicole's christmas, as there is absolutely no legal agreement in place that gives her the kids back until the trial, which means its pretty much up to me.

So hopefully she doesnt have any long conversations about how much she doesnt like me anymore or how everything is my fault.

1 comment:

  1. As a note, if the hearing goes bad it does hurt my chances to win custody of Tristan and makes my chances of getting custody of Jadon non-existant. With the adoption process in the works, that would not be permanent though.

    More than likely though, the hearing will go in my favor, and my case will actually come out of it stronger than ever before. Even more legal grounds will be in place for my to recieve custody of both kids.

    My lawyer and I are preparing an agreement for Nicole to look over that is a very respectable deal, as long as she is finally willing to sacrifice a little bit for what is best for the kids. I will update you all on the details once it has been offered to Nicole.