I’ve already gone into great detail regarding the first Custody Evaluation (CE1) and how horrible the results were for me and the children. On the advice my my first attorney, I took it upon myself to “try to get whatever custody you can work out” with the PEW, because in his experience, the court typically just rubber-stamps the recommendations of the evaluator. I was looking at 6-days per month and 5-weeks in the Summer. That’s it. How far I had come from 60+% of the custodial time earlier in the Spring of 2004.
Despite all that we had just gone through, right after Thanksgiving (11/29/2004 to be exact) we had a meeting at the house without the children present to try and work something out. At the time, she was surprisingly civil. Given my devastating loss during CE, I was definitely not negotiating from a position of strength, but from a position of decided weakness. I approached this with an “anything more is better than nothing more” mentality and tried very hard without pushing too hard to get her to work with me on a more equal custody schedule. The evening actually ended with a few tears shed, a brief (if uncomfortable) hug, followed by her departure. It would seem we had hashed it out and came to a 50/50 arrangement of sorts and a plan to sell the house, split the remaining assets, and move on. We sat at that kitchen table, stayed on topic, and talked and talked and talked, sometimes with voices raising on both sides, but remained civil. She knew and acknowledged that relegating me to 6-days per month was not good for the kids. That meant no homework interaction. Cooking routines, bedtime routines, wake-up routines, and so on. I would be weekend dad, like so many others in this country and abroad. I’m guessing that she also had to think that so much time with the children who she regularly couldn’t stand to have “up her ass 24/7″ would seriously cramp her style. The meeting came about after a phone discussion we had the prior Friday where we seemingly had agreed and then she hedged. Shocker.
If you’ve read any of the previous settlement offer stories, you would know that this one wouldn’t work out in the long run, either. I was confirming our discussion as I was preparing to send our agreement to my lawyer to draw up for us to both sign. She loved to renege on agreements:
Subject: Confirm This For Me Please
PEW,
I understood our custody agreement from our conversation on Friday to be as follows:
Normal Standard:
- The current custody agreement will remain in force and is as follows:
Father has children Friday evening until Monday morning every week. Every other week, father has children until Tuesday morning.
Mother has children Monday morning until Friday evening every week. Every other week, mother has children Tuesday morning until Friday evening every week.
Additionally, Mother and Father have agreed to make appropriate adjustments through weekday trade or simple concession to allow for Father to have a minimum of 1 weekend “off” per month… Mother to have children from Friday evening until Sunday evening with the Father picking up the children Sunday evening.
————————————-
Vacations: (I don’t think either of us care about how many vacations or what-not… we’ve done pretty well with that.)
- Mother and Father agree to allow for vacations with the children with appropriate notice of not less than 1 week.
————————————
Holidays: (Again, I think that we’re both pretty flexible. I think we can work out most on our own, but for the sake of documenting something) >>>
- Thanksgiving: Father will have the children for Thanksgiving every odd year starting in 2005. Mother will have the children for every even year starting with 2004. Other arrangements may be made if agreed-upon by both parties.
- Christmas: Father will have the children from Christmas Eve night until Christmas Day evening every even year starting in 2004. Mother will have the children every odd year starting in 2005.
(You and I have already traded off this year because you are doing me the favor that allows me to go to [Dear Cousin's] wedding… so this really means that you will also have them for Christmas next year unless we agree to something different. I just didn’t want to list “odd year/even year” for everything because that would mean that we would be without the kids over the “holiday season” on BOTH days and I don’t think either of us want that.)
- Easter: ??? Dunno how much of a consideration it is… but I figured I could have Easter in odd years beginning with 2005 and you could have them for even years starting in 2006. I’m sure that we’ll make other arrangements periodically as well.
Anyway… let me know if that looks reasonable. If it is… I’ll fax it off to my lawyer and he’ll get on it right away and this could be done as soon as this week.
~LM
Clearly, I’ve come a long way from my first efforts at writing agreements. Soon thereafter, was the first hedge on her part.
LM,
I’d actually like to have them mon thru friday every week. Unless I can work my schedule out so that I can have off every other weekend, then you’d have them 2 nights overnight during the week. Because i’d be working two nights during those weeks.
Holidays:
I’m ok with thanksgiving but I think that Christmas should be split a little more equally with one of us having them Christmas eve till Christmas Day at noon. I like the arrangement we have for this year with the boys being dropped off on Christmas eve at bedtime, but I realize that’s a concession on your part. I think the Christmas holiday should alternate too. So for next year, I’d have them Christmas eve to Christmas day at noon. Ok? As far as easter I agree with every other year. It’s cool. This year is your year.
School:
I think that we need to agree so that there are no problems come next year and I think it should be in the agreement.
Let’s not rush this, we can take our time.
~PEW
So, we’ve moved rather dramatically from a several hours conversation on the phone where we appeared to have the basics of the custody worked out to something completely different depending upon what she does, changes, or wants. Too bad for me, I was in no position to get wound up about it. After all, she had that evaluator’s recommendation!
Then came our at-home discussion, which I followed up with:
Subject: Tonight’s Discussion
PEW,
I know this crap has been difficult. I appreciate you giving me a few more minutes in the driveway. I want to settle this without the animosity so that we can move on TOGETHER being nice to one another and doing right by the kids.
I will contact [my lawyer] tomorrow and just so that we’re on the same page, I wanted to reiterate what we discussed tonight:
THE CHILDREN:
The basic schedule to be…
- Mother has the children Monday mornings until Friday evenings each week.
- Father has the children Friday evenings until Monday mornings each week.
- Father is permitted 2 floating weekdays per month to be worked out between Mother and Father.
- Mother is permitted a minimum 1 weekend per month in exchange for weekdays to Father as agreed upon between the two parties.
That covers the 50/50 arrangement and covers the “one weekend off” per month and 2 floating days as we discussed as appropriate.
THE SETTLEMENT:
- Sell the house and split the net proceeds 50/50.
- I pay you $5,000.
- I keep the Van.
- You keep the Car.
- No Alimony.
I will do what it takes to get the house up for sale ASAP as we discussed on the phone. This will settle all matters so that we can get on with our lives FRIENDLY and raise our boys the best we can. Please let me know if I made a mistake in understanding. If not, I will fax it off to [my lawyer] first-thing in the morning once you let me know that this is correct.
~LM
Yes, it gives her time to do it to me again, but remember, I had been burned by time and expense having the lawyer draw up agreements in the past only to have her refuse to sign them. Time, effort, and lots of money wasted. Of course, looking back on it, even her confirmation via email wouldn’t stop that from happening, but what the hell. Yes, I had resigned myself to the fact that, after her latest appraisal and the significant change in custody forthcoming, I would not be able to afford to keep the house.
Her reply:
LM,
It has been, I’m sure it has been for you too. What you’ve written sounds reasonable. If there is any reasonable way I could keep the van, Id rather that of course. The way you have it written is fine. The only reason I got upset is because I never wanted this in the first place. If we could talk to each other like normal people I’d still be married to you. Because I still think you’re a good person.
Thanks,
PEW
See the “sleight of text.” I agree BUT… I want the van. So much for the agreement. Part II coming soon…