Thursday, May 9, 2013

PETITION FOR PATERNITY: GRANTED!

Hi everyone!

I apologize for not updating for a while, but there were multiple issues pending and I needed to wait.  Today was the Petition for Paternity hearing.  The magistrate granted my petition.  I was declared Jaxon's legal parent and his birth certificate will be changed to reflect his two parents, my ex and myself!!  This is huge.  Enormous!

I now have the exact same legal rights to my son as my ex does.  If she attempts to take or keep him from me again, she will face extreme legal/criminal consequences.

In the end, my ex dropped her contesting of my paternity petition in a negotiation.  She did not support my Petition for Paternity, but ceased to fight it.  In return, I dropped my request for a GAL, which she did not wish to pay for (the cost of a GAL is split by both parties).

The biological father opted out of all proceedings and became unreachable after having been served on all issues.  He has been found in default by the magistrate, and is no longer in the picture, legally.

A little over 2 weeks ago, my ex and I (with attorneys) met for separate-room mediation.  In that mediation we agreed to a temporary parenting schedule which includes Jaxon returning home for overnight/weekend time as well as two separate week-long periods. Other elements, including counseling/therapy for Jaxon were also stipulated.

We now move more directly into the "custody battle".  However, the "best interests of the child" will be the standard rather than "biological rights".  Yay!!!!  There is a temporary orders hearing on May 21st.  At this hearing my ex will be seeking an order to collect child support from me.  That is not the only issue that will be addressed though.  Additionally, we will likely set a date for a permanent orders hearing at that time.  I will update again after that hearing.

Thank you everyone, including my attorneys, for your continued support!  In many ways, we are just getting started, but the crazy hurdles we have overcome are mind-blowing.  I also want to specifically thank the NCLR (National Center for Lesbian Rights) and Kate Kendell - the executive director, for talking with me and responding to my situation directly. You are all amazing!!!  

I'm off to celebrate.  It was a VERY good day! ;)

xoxo
Jill