New York  |  Family Law

Legal Question

Asked on: 8/01/12, 6:55 pm

I have court on August 17th and am requesting sole custody after battling a controlling and verbally abusive father for two and a half years. He is trying to make me dictate his visitations by not agreeing to anything I offer. Instead of choosing one of six compromises I offered or making a counter offer, he had his attorney email me stating "because you are being unreasonable, he will take whatever time you dictate."

I replied that I made several offers. Please tell me which offer your client is now interested in so I can know which offer he is now claiming to be in agreement to. (I represent myself.)

He decides he can email me directly now instead of going through the attorney. He is requesting a new offer, but one that might leave the children alone 20 hours a day or with elderly grandparents 20 hours a day. He fails to give details on a work schedule that may have changed. He also fails to discuss transportation details.

Our current custody agreement states "as agreed upon."

I refuse to let him take them again until something is "agreed upon" with very specific details on start and end dates and times because he has refused to return them "as agreed upon" in the past.

Should I except his offer even though it might be unreasonable to make my court case stronger on the 17th? Or would it look better for me to refuse it even though he finally made one which I have been requesting he do until specific details are worked out? He didn't send his request until tonight for tomorrow night. This doesn't give much time to work out details and he does not like to reply to my emails in a timely manner unless it benefits his own selfish needs.

I am willing to do whatever will look best in the judges eyes to increase my chance of winning sole. He is not capable of doing anything in the best interest of our children. He has been dragging them through ugly court battles constantly for two and a half years. My children will never get a break from the mental abuse and court battles until I win sole. I keep requesting it every time, but it's not an easy thing to get in New York State. Mental abuse is the most difficult type of abuse to prove, but I think I finally have enough evidence to show the emotional bruises this time and don't want to make any mistakes.

The judge is supposed to make his final decision at this August 17th court date.

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