About a year ago, my ex filed for custody, and we’re currently under a status quo order. Our last hearing was in October, and we agreed on several terms that were read into the record in front of the judge. My attorney mentioned that this means we can’t easily change our minds about these things. We agreed on joint legal custody, 50/50 parenting time, a mutual right of first refusal for childcare, and child support based on my ex’s 2023 W-2 income since she’s been unemployed for a while. My lawyer drafted the parenting plan that same day, and I signed it, but my ex never did. I’m not sure what her objections are, but one issue is that she thinks the right of first refusal means I can’t arrange sleepovers during my parenting time, while the language my lawyer wrote allows for it. Since then, nothing has moved forward, and I recently saw a case summary update with a dismissal notice saying the court will dismiss the case in about a month if no action is taken. My main questions are: can she just run out the clock and let the case get dismissed? I think my lawyer can prevent that, but will it be expensive and time-consuming? What happens if she refuses to sign something we already agreed on? If the case is dismissed, does everything we agreed to still hold, or do we start all over again? I’ll be talking to my attorney soon, but I’d love to get some basic insight first. Thanks.
It sounds like your ex is backing out of the agreement, which could lead to needing a contested parenting plan. You might have to refile and get a new court date. Definitely talk to your lawyer about this.
Did you go over everything with the judge on the record? If so, you might not need her signature for some things. Your lawyer could file for form-of-judgment approval instead.
If the agreement was read into the record, your attorney can use that transcript to push it through. Just make sure she’s not able to block you without a legit reason.
It seems like you have a solid case, especially if you have the judge’s record. If she keeps stalling, you could push for a court intervention.
From what you said, it sounds like your ex might not fully understand the right of first refusal. You might need to clarify that in writing so there are no misunderstandings.