Continuing my current theme of Jetsam telling us that she is going to get custody of Monkey.

Recently, Hun and I were having breakfast together one Saturday.

He commented to me:  “Do you know what I’m most worried about with her asking for custody?  I’m worried that we will be required to pay for her lawyer and court fees.”

Me:  “I’m not worried about that at all.”

Hun:  “Why not?”

Me:  “Because court costs for custody cases are very rarely assigned to the other parent.  It is on the parents to pay for their own fees.”

We continued eating and thinking.

Me:  “Do you know what I’m worried about regarding Jetsam asking for custody?”

Hun:  “What?”

Me:  “Not a single thing.”

Hun (shocked):  “Why not?”

Me:  “Because she’s not followed through on anything else, why in the world should we be worried about her following through on this?”

Hun:  “Oh”

I went on to explain:  “She hasn’t followed any of the original court-ordered requirements for her to get custody of the kids back, why should the courts award her custody now?”

I pointed out – she did not stay stable for the first 5 years that we had custody of the kids.  She even moved out of state for 6 months.  She has only been stable for the last 2 years because she’s living with her boyfriend.  The house doesn’t have enough room for everyone to move in with her if she was to gain custody.

I reminded him that a home-study would be required.

I reminded him that the courts would look at the original requirements and find that she didn’t follow the original court order.  That she signed off after only 6 months, rather than going back to court a year later.

I also reminded Hun that she had asked him, before stating she was going to take us to court, that she wanted him to allow Monkey to either move in with her (Jetsam) or in with her sister.  Jetsam knows there is not room for Monkey in her home – so she was hoping to seem “reasonable” by offering up her sister’s house as an alternative.  If Jetsam offers up this option in court, something tells me that the judge will not view this as a favorable deal.

I could be wrong – I’ve been wrong before.

However, if a parent is attempting to get custody back – stating the current living situation is horrible, but doesn’t have living space for the child and instead tells the judge they can move in with a family member – I suspect the judge isn’t going to go for it.

Now, Monkey is old enough to request to live with someone else.  This, the judge will probably listen to.  As Hun and I have told Jetsam before – we’re not going to pay the court costs to go through the hoops for the kids to live with someone else.  They already live with us.  We’re already meeting all of their needs and some of their wants.

I asked Hun – what exactly are they going to say we’re doing to “abuse” these kids?

That we don’t give them smart phones?

That we don’t allow Monkey to have unsupervised time with her 17 year old boyfriend?

That we don’t give in to their every whim and expect them to do chores?

If we end up going to court and if the judge orders that Monkey is to move in with Jetsam or another family member, then so be it.  We’ll follow the court order – just like we have done in the past.  Until then, I’m not worried about it.

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