Custody resolved in Fisher/Young case.

[Leanne Weich]

Settlement reached;
Wake county has jurisdiction.

http://www.wral.com/asset/news/local/2009/02/06/4487955/Feb._6,_2009,_child_custody_consent_order.pdf

[Tacori]

Thank you for starting this thread Leanne.
I was going to put it in Breaking News but didn't know if I should...
Can you even imagine how happy Linda and Meredith are?

Fantastic news!

I wanted to link this as well.

"Under the child custody consent order filed late Friday afternoon, Linda Fisher's daughter, Meredith Fisher, who lives in Wake County, will have primary custody of the child beginning after an initial five-month transition period, which ends at noon on Aug. 1."

http://www.wral.com/news/local/story/4487661/

[tpw]

I am so pleased for Lynda and Meredith.


How come Jason did not fight tooth and nail for his daughter ?? Too afraid to open his mouth and incriminate himself ?

[Cardinal]

THANK YOU, Leanne. Good work, again!

It seems that the civil justice system has made itself heard in the matter of Cassidy's best interests.

[Tia]

I am so pleased for Lynda and Meredith.


How come Jason did not fight tooth and nail for his daughter ?? Too afraid to open his mouth and incriminate himself ?

Because its obvious more than ever, that he is guilty.

I have no words..........yet:biggrin: for how happy I am for the Fisher's.

[Leanne Weich]

THANK YOU, Leanne. Good work, again!

It seems that the civil justice system has made itself heard in the matter of Cassidy's best interests.

YW Card. I was so happy when I saw this reported, I could have burst into tears. Unfortunately though, I think Cassidy is still in for a world of heart ache. I think the terms of this settlement clearly show who is the centre of Jason's world and it sure doesn't sound like it is his daughter.

Guess all the evidence against the Fishers just did not meet the burden of proof to allow JY to counter the evidence they had against him.

[Cardinal]

YW Card. I was so happy when I saw this reported, I could have burst into tears. Unfortunately though, I think Cassidy is still in for a world of heart ache. I think the terms of this settlement clearly show who is the centre of Jason's world and it sure doesn't sound like it is his daughter.

Guess all the evidence against the Fishers just did not meet the burden of proof to allow JY to counter the evidence they had against him.

I'll admit I have a lot of questions right now. The extent of Jason's concessions is very telling, IMO.

But you're right, this is going to be difficult for Cassidy in a lot of ways.

[Tia]

I'll admit I have a lot of questions right now. The extent of Jason's concessions is very telling, IMO.

But you're right, this is going to be difficult for Cassidy in a lot of ways.

Yes it is. She has her father to thank for that.

He wound up exactly where he would have been had he just divorced Michelle.

[Cardinal]

Yes it is. She has her father to thank for that.

He wound up exactly where he would have been had he just divorced Michelle.

I still say Jason didn't want a divorce, Tia. I still think he didn't want to lose the life he had.

Which raises all the more questions, for me, about his concessions in the custody matter.

[Leanne Weich]

Kat, i was going to pm you to come and discuss this with us but I see you are currently viewing this thread. What do you think now?

[Cardinal]

This will let him be free to do as he wishes, something isn't right
he gave her up to easy. imo

I think so too, Chase. That's what I meant about it raising a lot of questions for me. Why did Jason concede so early in the procedings?

[jerry50]

YW Card. I was so happy when I saw this reported, I could have burst into tears. Unfortunately though, I think Cassidy is still in for a world of heart ache. I think the terms of this settlement clearly show who is the centre of Jason's world and it sure doesn't sound like it is his daughter.

Guess all the evidence against the Fishers just did not meet the burden of proof to allow JY to counter the evidence they had against him.


Leanne,

Do you think that if he is arrested that the custody settlement would be revisited at all in regards to Cassidy being able to see the rest of the Young's? Or would that be left to Meredith's discretion?

[Tia]

I still say Jason didn't want a divorce, Tia. I still think he didn't want to lose the life he had.

Which raises all the more questions, for me, about his concessions in the custody matter.

So true. And in a way, he won. He can continue his lifestyle without the day to day demands of a child, and only has to visit every other weekend.

[Kat4Eagles]

I still say Jason didn't want a divorce, Tia. I still think he didn't want to lose the life he had.

Which raises all the more questions, for me, about his concessions in the custody matter.


::thud::

Thank you for all the heads up and PM's,
That is quite an extensive custody order that had to be worked out to make everyone happy.

I still see a lot of trauma for C in being removed and having to live in 2 different cities with 2 different family members, it is almost like a divorce custody hearing..

But, I also see that it could mean L E is not close to making an arrest, or the info they shared with LF was not all that much more for her to use, or they would have advised her to wait a little longer, and go for complete custody.

This is a lot to take in, but I have always tried to land here graciously, no matter how things turn out..

I do see there will be no psych eval for Jason and all other conditions to be dropped.

But, yes, again, a good day for the JDI's.

Enjoy!

Kat

[Leanne Weich]

This will let him be free to do as he wishes, something isn't right
he gave her up to easy. imo

I think the only thing that isn't right is that he put himself in this position by killing his wife. His freedom is Jason's main concern so it was easy for him to give Cassidy up, imo. Had he gone ahead with the suit and not settled, he'd at least have had to be deposed and undergo a psychological evaluation and probably would've given the DA the last piece of the puzzle he needs to arrest him for murder, imo.

[jerry50]

This will let him be free to do as he wishes, something isn't right
he gave her up to easy. imo

One of the paragraphs stated that each side would not continue with "Discovery" which means that JY will not have to have a pysch exam and will not have to answer any questions about the murder. He is keeping himself out of jail for the time being.
His lawyer probably told him that there would not be a COV and that the judge was going to hold his feet to the fire. Obviously not responding to the WDS did not help him and being named a slayer was going to factor into the custody suit.

[tpw]

Yes, but Cassidy has won too, in small measure. When her father is in jail awaiting trial, she'll be in a loving home where she will be the centre of attention.She will not have to deal with the tension in the home ( and the Young's wondering what they'll do with her i.e. which relative or neighbour will look after her while they support Jason)

[Leanne Weich]

::thud::

Thank you for all the heads up and PM's,
That is quite an extensive custody order that had to be worked out to make everyone happy.

I still see a lot of trauma for C in being removed and having to live in 2 different cities with 2 different family members, it is almost like a divorce custody hearing..

But, I also see that it could mean L E is not close to making an arrest, or the info they shared with LF was not all that much more for her to use, or they would have advised her to wait a little longer, and go for complete custody.

This is a lot to take in, but I have always tried to land here graciously, no matter how things turn out..

I do see there will be no psych eval for Jason and all other conditions to be dropped.

But, yes, again, a good day for the JDI's.

Enjoy!

Kat

With all due respect Kat, LE are not the ones who determine when or what Linda does i.r.o. the custody issue. I think this settlement clearly proves JY did not want to have to attempt to refute Linda's evidence.

Jason is probably safe from a psych eval or deposition as long as he adheres to the Order of the Court, to the letter.

It is not so much a good day for the JDIs but it is, imo, a good day for Cassidy, in the long run.

[BiggerRedDog]

While the future still holds huge issues for Cassidy, she now at least has a structured opportunity to re-bond with her maternal family. I'm especially happy for her, and for Meredith and Linda.
Too bad it has taken more than two years to accomplish, even though it's been squarely within JLY's power to prevent this rift from the get-go. But, better late than never.
Now, for some resolution in the matter of the person or persons responsible for causing all the anguish in the first place: the killer or killers of her mother, Michelle, and unborn baby brother, Rylan.
I hope somewhere, somehow, Michelle and Rylan are comforted by today's event.

[Tia]

With all due respect Kat, LE are not the ones who determine when or what Linda does i.r.o. the custody issue. I think this settlement clearly proves JY did not want to have to attempt to refute Linda's evidence.

Jason is probably safe from a psych eval or deposition as long as he adheres to the Order of the Court, to the letter.

It is not so much a good day for the JDIs but it is, imo, a good day for Cassidy, in the long run.


Its an excellent day for the Fisher's and Cassidy! This isn't a game of the JDI's againts the JII's. Its about a little girl whose mother was murdered by her father (IMO) and an Aunt and Grandmother who have gone to the ends of the earth to keep her safe and keep Michelle's memory alive.

[Cardinal]

::thud::

Thank you for all the heads up and PM's,
That is quite an extensive custody order that had to be worked out to make everyone happy.

I still see a lot of trauma for C in being removed and having to live in 2 different cities with 2 different family members, it is almost like a divorce custody hearing..

But, I also see that it could mean L E is not close to making an arrest, or the info they shared with LF was not all that much more for her to use, or they would have advised her to wait a little longer, and go for complete custody.

This is a lot to take in, but I have always tried to land here graciously, no matter how things turn out..

I do see there will be no psych eval for Jason and all other conditions to be dropped.

But, yes, again, a good day for the JDI's.

Enjoy!

Kat


Hi, Kat. I imagine it took some fortitude to show up tonight. You're right, there's going to be some trauma in this for Cassidy, especially early on.

Kinda makes you wonder why Jason would give in so easily, and create that trauma for her, huh?

[Leanne Weich]

It is a good day for Cassidy but anyway we ALL look at it she wakes up in the morning and goes to bed every night without her mommy.
Sad very Sad.

The situation is very sad Chase but, one has to look for the good even in the most dire of situations and I genuinely believe that this is a good day for Cassidy. At least now she can grow up with the full knowledge of how much her mom and her maternal family loved/s her.

[Cardinal]

It is a good day for Cassidy but anyway we ALL look at it she wakes up in the morning and goes to bed every night without her mommy.
Sad very Sad.

Amen. But maybe Michelle's spirit is a little easier tonight.

Goodnight, everyone. :seeya:

[Leanne Weich]

Amen. But maybe Michelle's spirit is a little easier tonight.

Goodnight, everyone. :seeya:


Night Card. I'm sure Michelle's spirit is resting easier tonight - in fact, I'd go as far as to say "a lot easier". I'm sure Linda and meredith are resting a whole lot easier tonight, if they're even able to rest at all. This was a huge victory for them although whether they see it as a victory is doubtful, imo.

[Jester]

Hi, Kat. I imagine it took some fortitude to show up tonight. You're right, there's going to be some trauma in this for Cassidy, especially early on.

Kinda makes you wonder why Jason would give in so easily, and create that trauma for her, huh?

I'm not convinced that this will be traumatic for Cassidy. It sounds like there will be six transitional visits lasting a week each between now and August 1. With a one week visit each month, I think she'll gradually adjust to the change. I have no doubt that Meredith will ensure that she has any assistance she needs to make the change without difficulties. Cassidy also may have some memories of friends and experiences from prior to the murder, so it may be a bit like going home.

[Kat4Eagles]

So if you don't mind me asking you this do you still think Jason is innocent? If you were in his shoes would you have fought to the end to keep your child I know I would have. It looks to me like he thinks he may be arrested in the near future and that it would be best to give the child to Michelle's side of the family. I am only asking what you think now.

That is a very fair question, that I can't answer.
I, too, would have fought heaven and earth to keep my child, any parent would.
But , he did not give up custody altogether.
Sometimes the person who loves the child the most is willing to make the most sacrifices for him/her.
I would imagine Jason is very sad tonite.
It will be hard for him to let her go when the time comes.
It will be hard for her to leave him.
She will have 2 lives now, she will make friends in school in Raleigh, and then go back to Brevard for the summers.
She is not a ping pong ball.
The whole thing to me is sad.
At least, that's the way it seems now.

[Jester]

I certainly hope this puts to rest any further suggestions that Meredith is a suspect. Obviously those claims are false and unfounded.

[Hey Paula]

The situation is very sad Chase but, one has to look for the good even in the most dire of situations and I genuinely believe that this is a good day for Cassidy. At least now she can grow up with the full knowledge of how much her mom and her maternal family loved/s her.

Hi Leanne and Everyone!

This is a great day for Cassidy! And for Linda and Meredith too! They will finally be reunited and Cassidy will no longer be separated from her maternal grandmother and aunt. Linda and Meredith will keep Michelle alive in Cassidy's heart, and she will know how much she was loved by her Mom, and how much she is loved by Grandma Linda and Aunt Meredith.

[Leanne Weich]

I'm not convinced that this will be traumatic for Cassidy. It sounds like there will be six transitional visits lasting a week each between now and August 1. With a one week visit each month, I think she'll gradually adjust to the change. I have no doubt that Meredith will ensure that she has any assistance she needs to make the change without difficulties. Cassidy also may have some memories of friends and experiences from prior to the murder, so it may be a bit like going home.

I'm more worried about the trauma Cassidy will feel when she is old enough to realise, whether her father is ever arrested or not, that he didn't bother to defend the WDS or fight to keep custody of her.

[Jester]

That is a very fair question, that I can't answer.
I, too, would have fought heaven and earth to keep my child, any parent would.
But , he did not give up custody altogether.
Sometimes the person who loves the child the most is willing to make the most sacrifices for him/her.
I would imagine Jason is very sad tonite.
It will be hard for him to let her go when the time comes.
It will be hard for her to leave him.
She will have 2 lives now, she will make friends in school in Raleigh, and then go back to Brevard for the summers.
She is not a ping pong ball.
The whole thing to me is sad.
At least, that's the way it seems now.

Thankfully, she will finally have a stable home, and will no longer be bouncing between Jason's relatives. That in itself will be a very positive change.

[Tia]

That is a very fair question, that I can't answer.
I, too, would have fought heaven and earth to keep my child, any parent would.
But , he did not give up custody altogether.
Sometimes the person who loves the child the most is willing to make the most sacrifices for him/her.
I would imagine Jason is very sad tonite.
It will be hard for him to let her go when the time comes.
It will be hard for her to leave him.
She will have 2 lives now, she will make friends in school in Raleigh, and then go back to Brevard for the summers.
She is not a ping pong ball.
The whole thing to me is sad.
At least, that's the way it seems now.

Its more than making sacrifices. He is her father. If he did not kill Michelle, he would have fought for Cassidy and won.

This is a huge deal Kat. Meredith gaining PRIMARY custody of Cassidy is very, very telling.

Jason doesn't care enough to fight for her, only to cover his own butt.

That is what this boils down to.

[Jester]

I'm more worried about the trauma Cassidy will feel when she is old enough to realise, whether her father is ever arrested or not, that he didn't bother to defend the WDS or fight to keep custody of her.

I have faith in Meredith and Linda being able to present that information to her in a non-judgmental way. I suspect that Cassidy will understand something along the lines of Jason being unable to establish independent living, unable to hold a job, and having difficulties in his life. I think that's as non-judgmental as it can be, and avoids placing blame on Jason for not even trying to retain custody or respond to the WDS.

[Kat4Eagles]

Hi, Kat. I imagine it took some fortitude to show up tonight. You're right, there's going to be some trauma in this for Cassidy, especially early on.

Kinda makes you wonder why Jason would give in so easily, and create that trauma for her, huh?


No, part of being on a Message Board with other people makes it only right to show up..
I wouldn't think of bailing now, thanks, though!!
I just printed a copy of the order, when you see things like the transitions will take place at common locations like Cracker Barrel, Dunkin Donuts or Chick~Fil~A , these are familiar places to all of us.
It just makes it all seem so surreal.

Kat

[Tia]

I'm more worried about the trauma Cassidy will feel when she is old enough to realise, whether her father is ever arrested or not, that he didn't bother to defend the WDS or fight to keep custody of her.


The Fisher's are going to have a really tough job ahead. How do you explain that your daddy gave you up?

[Hey Paula]

I'm more worried about the trauma Cassidy will feel when she is old enough to realise, whether her father is ever arrested or not, that he didn't bother to defend the WDS or fight to keep custody of her.

I'm concerned about that too! But I can't say I'm surprised JY would rather cower and hide to protect himself than fight for Cassidy, after allowing himself to be declared the slayer of her beloved mother and unborn brother. Sadly, I expected this outcome.

[Kat4Eagles]

I certainly hope this puts to rest any further suggestions that Meredith is a suspect. Obviously those claims are false and unfounded.


I was waiting for this one!!

Page 2 of 8 of the custody agreement
Conclusion of Law

3)That parties are fit and proper to be the custodial roles herein.

That means both of them, that means they agreed the slayer is proper and fit.!
Kat

[Leanne Weich]

I have faith in Meredith and Linda being able to present that information to her in a non-judgmental way. I suspect that Cassidy will understand something along the lines of Jason being unable to establish independent living, unable to hold a job, and having difficulties in his life. I think that's as non-judgmental as it can be, and avoids placing blame on Jason for not even trying to retain custody or respond to the WDS.

I have that faith too but, at the end of the day, when Cassidy is old enough, my bet is she will look into all aspects of her mom's death for herself. It will be only natural to feel hurt and abandoned by her father's inactions, imo.

[Kat4Eagles]

The Fisher's are going to have a really tough job ahead. How do you explain that your daddy gave you up?


Daddy agreed to share her, not give her up.

Kat

[alterEgo©]

Its more than making sacrifices. He is her father. If he did not kill Michelle, he would have fought for Cassidy and won.

This is a huge deal Kat. Meredith gaining PRIMARY custody of Cassidy is very, very telling.

Jason doesn't care enough to fight for her, only to cover his own butt.

That is what this boils down to.
Perhaps, so.

Kudos to you for calling this one as a settlement reached as the reason for the postponement.

[alterEgo©]

The Fisher's are going to have a really tough job ahead. How do you explain that your daddy gave you up?He didn't give her up! It's a joint custody agreement.

[alterEgo©]

I certainly hope this puts to rest any further suggestions that Meredith is a suspect. Obviously those claims are false and unfounded.
How so?....?

[Leanne Weich]

Daddy agreed to share her, not give her up.

Kat

ITO the smt agt, he gave up physical custody of her and no matter how you slice and dice it, he didn't fight for her. He took the line of least resistance to protect his own derriere, once again. The only thing I can infer from JY's behaviour is that he is the only centre of his world.

[Tia]

No, part of being on a Message Board with other people makes it only right to show up..
I wouldn't think of bailing now, thanks, though!!
I just printed a copy of the order, when you see things like the transitions will take place at common locations like Cracker Barrel, Dunkin Donuts or Chick~Fil~A , these are familiar places to all of us.
It just makes it all seem so surreal.

Kat


Its very fair though. I don't know where Statesville is, but I would imagine its a halfway point so that neither party has to make the long trek.

Its usually standard in a custody agreement to meet in a central, public place if the two parties are a large distance apart.

[Tia]

He didn't give her up! It's a joint custody agreement.


It is, but it isn't.......

Meredith has Primary physical custody, Jason, secondary (eow, holidays, etc........).

Its pretty standard in a custody agreement.

[Tia]

Perhaps, so.

Kudos to you for calling this one as a settlement reached as the reason for the postponement.


Thank you AE!

[Kat4Eagles]

He didn't give her up! It's a joint custody agreement.


Cool, reinforcements are here, lol.

Well, what do you think?

Did Jason outsmart the law once again, by refusing to talk ?

I wonder if he will move back to his townhome?

Lots of questions of how this will work out,
I see that MF's roomates have to move out, no one is allowed to smoke or use bad language, no one can talk bad about each other or the custody arrangement.

I wonder who will mess up first.

And, I would have loved to have been at the table when this was all being worked out this afternoon.

Kat

[alterEgo©]

ITO the smt agt, he gave up physical custody of her and no matter how you slice and dice it, he didn't fight for her. He took the line of least resistance to protect his own derriere, once again. The only thing I can infer from JY's behaviour is that he is the only centre of his world.Huh? He responded to the suit and was prepared to fight for her. He didn't just sit mute like he did with the WD filing.

Good grief, the ruling states that both parties agree as to what is in the best interests of Cassidy and that is twisted into Jason only thinking of himself.

:rolleyes:

[Tia]

Cool, reinforcements are here, lol.

Well, what do you think?

Did Jason outsmart the law once again, by refusing to talk ?

I wonder if he will move back to his townhome?

Lots of questions of how this will work out,
I see that MF's roomates have to move out, no one is allowed to smoke or use bad language, no one can talk bad about each other or the custody arrangement.

I wonder who will mess up first.

And, I would have loved to have been at the table when this was all being worked out this afternoon.

Kat

All standard stuff in a custody agreement Kat.

[Tia]

Huh? He responded to the suit and was prepared to fight for her. He didn't just sit mute like he did with the WD filing.

Good grief, the ruling states that both parties agree as to what is in the best interests of Cassidy and that is twisted into Jason only thinking of himself.

:rolleyes:

If Jason didn't murder Michelle, and had no worries, why else would he allow Meredith to have any part of her life? Especially Primary Custody? According to the retired teacher, and some posters here, he hates the Fisher's.

He would have won this case if he opened his mouth. So why didn't he?

[alterEgo©]

It is, but it isn't.......

Meredith has Primary physical custody, Jason, secondary (eow, holidays, etc........).

Its pretty standard in a custody agreement.
Right, it's a shared physical and legal custody agreement. Jason was not ruled unfit and Jason did not lose all custody.

And zero custody was awarded to Linda altho she was a moving party.

[Kat4Eagles]

Let's try to remember that this is the reason that the other Board was closed, and that if we want to continue here this weekend,to try and be respectful.

I don't know any other worthwhile forum as the one we have here.

:)

[Jester]

I was waiting for this one!!

Page 2 of 8 of the custody agreement
Conclusion of Law

3)That parties are fit and proper to be the custodial roles herein.

That means both of them, that means they agreed the slayer is proper and fit.!
Kat

That's great. There is more to the story, because primary day to day care will be with Meredith and not with the parent that Cassidy has been with since she was born. Primary custody has been changed, and there's no getting around that.

[Tia]

Right, it's a shared physical and legal custody agreement. Jason was not ruled unfit and Jason did not lose all custody.

And zero custody was awarded to Linda altho she was a moving party.


I think we will find, eventually, that it was due to Meredith's location more than anything.

But still AE, Meredith is not Cassidy's mother. If Jason weren't guilty, and his wife was murdered by "someone else", he would not have had to back down and agree to anything with the Fisher's.

[Kat4Eagles]

Right, it's a shared physical and legal custody agreement. Jason was not ruled unfit and Jason did not lose all custody.

And zero custody was awarded to Linda altho she was a moving party.


Yes, what is that about, AE?

Is it because her residence is in NY?

I was a little shocked she was not mentioned in the suit.

Kat

[Tacori]

Hi Leanne and Everyone!

This is a great day for Cassidy! And for Linda and Meredith too! They will finally be reunited and Cassidy will no longer be separated from her maternal grandmother and aunt. Linda and Meredith will keep Michelle alive in Cassidy's heart, and she will know how much she was loved by her Mom, and how much she is loved by Grandma Linda and Aunt Meredith.

Hi, Hey Paula!

It certainly is a great day for Cassidy!

[Jester]

I have that faith too but, at the end of the day, when Cassidy is old enough, my bet is she will look into all aspects of her mom's death for herself. It will be only natural to feel hurt and abandoned by her father's inactions, imo.

Part of me thinks she will develop a much stronger understanding of forgiveness and understanding through Meredith and Linda, so I'm not really concerned that she will resent her father for giving her up. I think it can be put in the perspective of it being in her best interests.

[Tia]

Let's try to remember that this is the reason that the other Board was closed, and that if we want to continue here this weekend,to try and be respectful.

I don't know any other worthwhile forum as the one we have here.

:)


Who isn't being respectful? I see no problems at all.

[Jester]

How so?....?

Does that really require an explanation?

[alterEgo©]

If Jason didn't murder Michelle, and had no worries, why else would he allow Meredith to have any part of her life? Especially Primary Custody? According to the retired teacher, and some posters here, he hates the Fisher's.

He would have won this case if he opened his mouth. So why didn't he?
I don't know if he would have won if he opened his mouth. None of us do. I don't know if he hates Meredith - he spoke rather highly of her in his emails with his sister. Maybe he just had an issue with his MIL.

Something transpired that caused Linda to be dropped from custody consideration and for Jason to stipulate that it would be in Cassidy's best interest for Meredith to have primary custody.

[Leanne Weich]

Huh? He responded to the suit and was prepared to fight for her. He didn't just sit mute like he did with the WD filing.

Good grief, the ruling states that both parties agree as to what is in the best interests of Cassidy and that is twisted into Jason only thinking of himself.

:rolleyes:

Yep, he responded with nothing substantive. Delaying tactics. He certainly didn't fight for her and, if as you and many others opined, Linda and Meredith had no chance and this was going to be a cake walk to get the suit dismissed, he merely conceded to everything many of you alleged could never happen - even down to Wake County having jurisdiction which stands the Fishers in good stead in the event of him failing to adhere to the terms of the smt.

Jason, imo, had no good faith intention of opposing this suit and saved face by agreeing to what amounts to throwing in the towel.

[jerry50]

Daddy agreed to share her, not give her up.

Kat

What innocent parent would even agree to shared custody? If it weren't for concerns about transitioning Cassidy Meredith would have had custody of her today.

JY did not have any ammunition against the Fisher's plus he had no defense against their allegations. Add that to the slayer title and he essentailly gave up his daughter without a fight.

[Tia]

I don't know if he would have won if he opened his mouth. None of us do. I don't know if he hates Meredith - he spoke rather highly of her in his emails with his sister. Maybe he just had an issue with his MIL.

Something transpired that caused Linda to be dropped from custody consideration and for Jason to stipulate that it would be in Cassidy's best interest for Meredith to have primary custody.

It may be something as simple as Linda lives in NY. Linda is a blood relative. If she decideds to move in with Meredith to help raise Cassidy, she gains everything she wanted and it doesn't violate the custody agreement.

[Kat4Eagles]

I don't know if he would have won if he opened his mouth. None of us do. I don't know if he hates Meredith - he spoke rather highly of her in his emails with his sister. Maybe he just had an issue with his MIL.

Something transpired that caused Linda to be dropped from custody consideration and for Jason to stipulate that it would be in Cassidy's best interest for Meredith to have primary custody.


I never thought of if this way.

So, LF had to backdown and differ to MF?
Interesting.

Kat

[Tia]

Yep, he responded with nothing substantive. Delaying tactics. He certainly didn't fight for her and, if as you and many others opined, Linda and Meredith had no chance and this was going to be a cake walk to get the suit dismissed, he merely conceded to everything many of you alleged could never happen - even down to Wake County having jurisdiction which stands the Fishers in good stead in the event of him failing to adhere to the terms of the smt.

Jason, imo, had no good faith intention of opposing this suit and saved face by agreeing to what amounts to throwing in the towel.

Exactly Leanne!

[jerry50]

I don't know if he would have won if he opened his mouth. None of us do. I don't know if he hates Meredith - he spoke rather highly of her in his emails with his sister. Maybe he just had an issue with his MIL.

Something transpired that caused Linda to be dropped from custody consideration and for Jason to stipulate that it would be in Cassidy's best interest for Meredith to have primary custody.

I wonder if Linda was dropped because of her location. Sharing custody 3 ways would be impractical.

For JY to stipulate that Cassidy's best interest was with Meredith speaks volumes.

[bookie]

Huh? He responded to the suit and was prepared to fight for her. He didn't just sit mute like he did with the WD filing.

Good grief, the ruling states that both parties agree as to what is in the best interests of Cassidy and that is twisted into Jason only thinking of himself.

:rolleyes:



I think some people should read the Judgement of Solomon.

[Tia]

I never thought of if this way.

So, LF had to backdown and differ to MF?
Interesting.

Kat


No. Linda may have backed away, considering the custody agreement allows a BLOOD RELATIVE to live with Cassidy, that would work in Linda's favor. Plus, I dont think many courts award custody to an Aunt AND grandmother. It may have just come down to one or the other and since Meredith is in NC, it was the obvious choice.

[Leanne Weich]

Admittedly not in America, but in custody cases I've negotiated settlements in, this type of arrangement with Meredith and Linda is not unusual. Meredith has location and age in her favour. Clearly in the agt it is stated Plaintiffs in many areas with regard to the conditions set forth. Had Linda been excluded in any fashion whatsoever, it would have been so stated.

[Tia]

No it didn't
Linda now resides in NY and is nearly 60, so the natural primary guardian would be Meredith. Rest assured, Linda will be moving to Fuquay Varina very soon and will be a big part of Cassie's life.


I can guarantee it!

[Hey Paula]

Hi, Hey Paula!

It certainly is a great day for Cassidy!

Hi Tacori!

It certainly is! And for Linda and Meredith too!

[alterEgo©]

Does that really require an explanation?
Absolutely.

Or did you miss the ruling that Jason is 'fit and proper' to have custody as outlined in the order. Or the fact that the slayer ruling from the WDS isn't even mentioned.

[Kat4Eagles]

I wonder if Linda was dropped because of her location. Sharing custody 3 ways would be impractical.

For JY to stipulate that Cassidy's best interest was with Meredith speaks volumes.


Could be, and maybe the tensions were more between LF and Jason, than MF and Jason.

But, at any rate, C will now have 2 homes, 2 families to share and love her, and I hope all of them will be happy as possible under the circumstances, knowing, still that Michelle is gone forever.

Very, very sad.

Kat

[5swab5]

I don't know if he would have won if he opened his mouth. None of us do. I don't know if he hates Meredith - he spoke rather highly of her in his emails with his sister. Maybe he just had an issue with his MIL.

Something transpired that caused Linda to be dropped from custody consideration and for Jason to stipulate that it would be in Cassidy's best interest for Meredith to have primary custody.

Like maybe when Jason is a guest of the state at the Raleigh "Hilton", he thinks Meredith will have to bring Cassidy to visit him? Little harder to compel, if Cassidy was in N.Y. MOO

[Tia]

Yes, what is that about, AE?

Is it because her residence is in NY?

I was a little shocked she was not mentioned in the suit.

Kat


Kat, no disrespect intended, but custody cases are very complicated. No matter how hard you try, this has nothing to do with Linda being "unfit" to raise Cassidy.

Meredith lives near Jason. It just makes sense to give Meredith custody. Linda is a blood relative and can move in with Meredith tomorrow if she wishes and gains what she wanted all along, time with Cassidy, and to be a part of Cassidy's life again, every day.

[Tia]

Absolutely.

Or did you miss the ruling that Jason is 'fit and proper' to have custody as outlined in the order. Or the fact that the slayer ruling from the WDS isn't even mentioned.


I think the Fisher's are kept up to date more than we are regarding this case. I imagine Jason is too. They, IMO, have simply appeased him for the moment. They have what they wanted, now they can wait for an arrest.

[bookie]

Absolutely.

Or did you miss the ruling that Jason is 'fit and proper' to have custody as outlined in the order. Or the fact that the slayer ruling from the WDS isn't even mentioned.


Or number 4 in the Findings of Fact portion on page 1 that states Cassidy loves Jason and Jason loves Cassidy.

[Leanne Weich]

I think the Fisher's are kept up to date more than we are regarding this case. I imagine Jason is too. They, IMO, have simply appeased him for the moment. They have what they wanted, now they can wait for an arrest.

Absolutely, to ensure the outcome they got, they had no choice but to allow Jason the same rights a ddrug addict or wife beater would get in a divorce action, imo.

I hope they now pursue child support and any other benefit they are entitled to for Cassidy.

[BSNBREVARDNC]

I wonder how this agreement is registering with Jason’s mom?

[5swab5]

Absolutely.

Or did you miss the ruling that Jason is 'fit and proper' to have custody as outlined in the order. Or the fact that the slayer ruling from the WDS isn't even mentioned.

The term "slayer" may not have been mentioned, but it was in that room, on everyone's mind and a HUGE reason for Jason giving away primary custody of Cassidy. You can take that to the bank. MOO

[5swab5]

Or number 4 in the Findings of Fact portion on page 1 that states Cassidy loves Jason and Jason loves Cassidy.

Whoop-Dee-Doo!

I'm glad my Dad loved me so much that he kept me, instead of giving me away. MOO

[Hey Paula]

I don't know if he would have won if he opened his mouth. None of us do. I don't know if he hates Meredith - he spoke rather highly of her in his emails with his sister. Maybe he just had an issue with his MIL.

Something transpired that caused Linda to be dropped from custody consideration and for Jason to stipulate that it would be in Cassidy's best interest for Meredith to have primary custody.

Hi AE!

Custody might have been granted to Meredith because of her geographical location. Had Cassidy been placed with Linda, who lives in NY, it would have been much more difficult to have Cassidy transported to NC when visiting with JY. Additionally, Cassidy has always lived in NC, and has likely spent more time with Meredith, who lived there too, and often cared for her.

IMO

[Tacori]

Hi Tacori!

It certainly is! And for Linda and Meredith too!

It sure is.

I noticed both Linda and Meredith consented - along with JY.

Any thoughts on that?

[Doorbell]

Huh? He responded to the suit and was prepared to fight for her. He didn't just sit mute like he did with the WD filing.

Good grief, the ruling states that both parties agree as to what is in the best interests of Cassidy and that is twisted into Jason only thinking of himself.

:rolleyes:

If Jason has Cassidy's best interests at heart, why did he not set up visitation with Linda and Meredith from the beginning?

Oh, that's right. He only has Cassidy's best interests at heart when threatened with a custody suit.

[alterEgo©]

Cool, reinforcements are here, lol.

Well, what do you think?

Did Jason outsmart the law once again, by refusing to talk ?

I wonder if he will move back to his townhome?

Lots of questions of how this will work out,
I see that MF's roomates have to move out, no one is allowed to smoke or use bad language, no one can talk bad about each other or the custody arrangement.

I wonder who will mess up first.

And, I would have loved to have been at the table when this was all being worked out this afternoon.

KatI think it's a good thing parties are ordered not to talk bad about the other party. The Cooper case had the same order from the court.

Altho I was anxious to see the response to the complaint and what points of authority were argued, I'm glad that this didn't turn into a big ugly and contention matter - for Cassidy's sake.

[Tacori]

Hi AE!

Custody might have been granted to Meredith because of her geographical location. Had Cassidy been placed with Linda, who lives in NY, it would have been much more difficult to have Cassidy transported to NC when visiting with JY. Additionally, Cassidy has always lived in NC, and has likely spent more time with Meredith, who lived there too, and often cared for her.

IMO

My thoughts as well.

[alterEgo©]

If Jason has Cassidy's best interests at heart, why did he not set up visitation with Linda and Meredith from the beginning?

Oh, that's right. He only has Cassidy's best interests at heart when threatened with a custody suit.
Because he simply didn't have to.

Why do you think there are Famlily Courts to hash out custody issues - do you really think all divorcing parents have the best interests of their childen at heart or only until forced to conceed certain matters when slapped with a custody suit?

[Doorbell]

Yes, what is that about, AE?

Is it because her residence is in NY?

I was a little shocked she was not mentioned in the suit.

Kat

Maybe Linda will move to Wake County.

[Hey Paula]

It sure is.

I noticed both Linda and Meredith consented - along with JY.

Any thoughts on that?

I think JY consented because he wanted to protect himself by not testifying. I also believe his failure to reply to the WDS and failure to fight for custody of Cassidy will play heavily when he is finally tried.

I think Linda and Meredith consented because they wanted things to go smoothly for Cassidy's sake.

IMO

[Leanne Weich]

I think JY consented because he wanted to protect himself by not testifying. I also believe his failure to reply to the WDS and failure to fight for custody of Cassidy will play heavily when he is finally tried.

I think Linda and Meredith consented because they wanted things to go smoothly for Cassidy's sake.

IMO

It is m.o. that Linda and Meredith realised this was a good starting point until such time as Jason is indicted and arrested. I'd imagine they'll go for termination of his parental rights thereafter.

[5swab5]

How does it put that to rest? This has nothing to do with the murder. Does it put to rest the suggestions that JY killed his wife?

Nope, it just shines a great big bright light on his guilt. MOO

[Doorbell]

Because he simply didn't have to.

Why do you think there are Famlily Courts to hash out custody issues - do you really think all divorcing parents have the best interests of their childen at heart or only until forced to conceed certain matters when slapped with a custody suit?

Exactly. As I said, IF, as you said, he agreed to the settlement because he has Cassidy's best interests at heart, he could have made arrangements with Linda and Meredith to allow Cassidy to visit them from the very beginning. Without waiting for a custody suit. He didn't, because he didn't have to.

The best interests of a child can be served between interested parties without the involvement of the court.

He has done this because he was forced to; because answering the suit would have meant he had to break his silence.

[alterEgo©]

Whoop-Dee-Doo!

I'm glad my Dad loved me so much that he kept me, instead of giving me away. MOO
Oh good greif, he didn't give her away.

:rolleyes:

[Hey Paula]

It is m.o. that Linda and Meredith realised this was a good starting point until such time as Jason is indicted and arrested. I'd imagine they'll go for termination of his parental rights thereafter.

Yes, and perhaps they know JY will soon be indicted, and obtaining primary custody of Cassidy now insures she will remain with Meredith, in lieu of the Youngs, thereafter. Strategically, it makes a lot of sense.

IMO

[alterEgo©]

Nope, it just shines a great big bright light on his guilt. MOO
Oh sure it does. Especially that part about Jason being fit and proper to have custody.

[Jester]

How does it put that to rest? This has nothing to do with the murder. Does it put to rest the suggestions that JY killed his wife?

Jason has lost primary custody of his daughter. She will now be primarily raised by her mother's sister. That puts to rest any suggestion that there are any concerns about her safety with mother's sister.

It does not put to rest that there are suspicions about Jason's innocence. He has lost the opportunity to raise his daughter. He can see her alternating weekends and some holidays, but he will forever be an occasional parent.

[5swab5]

Oh good greif, he didn't give her away.

:rolleyes:

Seriously now, what innocent man would agree to give up primary custody, just to keep from a psych exam and a deposition? MOO

The difference is my Dad would walk through fire for me, Jason wouldn't navigate a mud puddle for Cassidy.

[Leanne Weich]

Oh sure it does. Especially that part about Jason being fit and proper to have custody.

He sure doesn't appear to have much confidence that he is fit and proper to have custody or, in the alternative, he doesn't want custody because he virtually gave his rights away to the people who reportedly accused him publically of being murderer. You know, those horrible people who he deprived from seeing their granddaughter and niece for over 2 years.

Actions speak louder than words and Jason's actions have spoken very clearly since the moment we became aware of Michelle's murder, imo.

[alterEgo©]

It is m.o. that Linda and Meredith realised this was a good starting point until such time as Jason is indicted and arrested. I'd imagine they'll go for termination of his parental rights thereafter.
Huh? Their complaint went after termination of his parental rights and exclusive custody.

[5swab5]

Oh sure it does. Especially that part about Jason being fit and proper to have custody.

If that's all you have, you got nada. They wouldn't have held up this sweet deal for that little bit of wording. They should have asked for the moon, it is obvious Jason would have given them anything to keep his trap shut. MOO

[alterEgo©]

He sure doesn't appear to have much confidence that he is fit and proper to have custody or, in the alternative, he doesn't want custody because he virtually gave his rights away to the people who reportedly accused him publically of being murderer. You know, those horrible people who he deprived from seeing their granddaughter and niece for over 2 years.

Actions speak louder than words and Jason's actions have spoken very clearly since the moment we became aware of Michelle's murder, imo.
What? Are you implying the court made an improper ruling that Jason was fit and proper??????

[alterEgo©]

If that's all you have, you got nada. They wouldn't have held up this sweet deal for that little bit of wording. They should have asked for the moon, it is obvious Jason would have given them anything to keep his trap shut. MOOWell gee swabby, they wanted full and exclusive custody and by golly gosh Jason didn't give them that.

[alterEgo©]

Seriously now, what innocent man would agree to give up primary custody, just to keep from a psych exam and a deposition? MOO

The difference is my Dad would walk through fire for me, Jason wouldn't navigate a mud puddle for Cassidy.
Seriously now, where do come up with this stuff? I mean really.

[Leanne Weich]

Huh? Their complaint went after termination of his parental rights and exclusive custody.

Well, you purport to be well versed in the law so I'd suggest it is not unusual - in fact it is usual to ask for more than you want in any case before Court. Doesn't alter the fact that the Fishers got a lot more than the so-called legal boffins on this forum said they had a hope in hell of getting.

They've opened the door wide - not just a crack - to obtain full custody of Cassidy in the future. Not bad for people who apparently had/have no right to deny Jason of his constitutional rights as Cassidy's biological and custodial parent. It seems to me Cassidy's constitutional right to live in a stable and loving home have finally come into play.

[5swab5]

Well gee swabby, they wanted full and exclusive custody and by golly gosh Jason didn't give them that.

All in good time. MOO :biggrin:

[alterEgo©]

Jason has lost primary custody of his daughter. She will now be primarily raised by her mother's sister. That puts to rest any suggestion that there are any concerns about her safety with mother's sister.

It does not put to rest that there are suspicions about Jason's innocence. He has lost the opportunity to raise his daughter. He can see her alternating weekends and some holidays, but he will forever be an occasional parent.It's shared custody so that puts to rest any suggestion that there is any concerns about her safety with her father.

Is there something about JOINT legal custody you don't understand?

[Jester]

Well gee swabby, they wanted full and exclusive custody and by golly gosh Jason didn't give them that.

It was apparent a month ago that there would be generous visitation. The only unknown was who would be the primary caregiver. Custody is rarely an all or nothing decision, and almost always a compromise between the opposing parties.

The ruling is a compromise with primary custody being denied to Jason. That's a great start. It's quite likely that Jason will move on with his life. Without question, when Cassidy is a teenager, she will have her own opinions about where she wants to spend her summers.

[Tia]

Yes, and perhaps they know JY will soon be indicted, and obtaining primary custody of Cassidy now insures she will remain with Meredith, in lieu of the Youngs, thereafter. Strategically, it makes a lot of sense.

IMO


You are so right HP! Changing a custody agreement, once it is in place, is a difficult task.

[BSNBREVARDNC]

It’s the means to an end. Meredith has primary custody. When (and if) Jason is arrested then she has CY all to herself. This was a very wise thing to do. I think Jason got out played. The Fishers knew he would do anything not to talk, so they got a great deal. Now it’s all about waiting for the other shoe to drop.

I think the finances may have come in to play as well. Jason couldn’t spend a pile of cash on a custody fight when he may need the money later for his own legal defense.

(imo)

[Leanne Weich]

The GJ meets again on the 10th and I'm hoping against all hope that an indictment will be handed down. Brad Cooper was arrested just after the settlement was reached in his children's custody case so I'm hoping for a repeat of that event. BTW Kat, this is not a prediction - merely another of the items on my wishlist.

[Jester]

It's shared custody so that puts to rest any suggestion that there is any concerns about her safety with her father.

Is there something about JOINT legal custody you don't understand?

I'm well versed in joint custody. One parent has day to day care and control, and the other parent has visitation. The other parent also has a voice in major decisions about the child such as religion, education, and extra-curricular activities. The other parent also has a legal obligation to provide child support to the primary caregiver.

The fact that Jason has lost his parenting rights, and is now an occasional parent (weekends, some holidays) indicates that there were some serious concerns about his day to day parenting. Therefore, he has been deprived of that responsibility. Michelle's sister, on the other hand, has been granted that responsibility.

[Leanne Weich]

You are so right HP! Changing a custody agreement, once it is in place, is a difficult task.

I don't agree that it will be in this case Tia. The order clearly states that this is it unless there is a change in any of the parties' circumstances. When JY is finally indicted and arrested, it will be easy for Meredith to have Jason's parental rights terminated, imo.

[alterEgo©]

Well, you purport to be well versed in the law so I'd suggest it is not unusual - in fact it is usual to ask for more than you want in any case before Court. Doesn't alter the fact that the Fishers got a lot more than the so-called legal boffins on this forum said they had a hope in hell of getting.

They've opened the door wide - not just a crack - to obtain full custody of Cassidy in the future. Not bad for people who apparently had/have no right to deny Jason of his constitutional rights as Cassidy's biological and custodial parent. It seems to me Cassidy's constitutional right to live in a stable and loving home have finally come into play.

They made their plea for full custody and they didn't get it. They didn't even fight for it, they conceeded to JOINT legal custody and SHARED physical custody.

No where was it ruled that Cassidy didn't live in a stable and loving home. And why in the world would the court, who is vested in the best interest of the child, allow physical custody granted into a home that isn't stable and loving.

[alterEgo©]

I'm well versed in joint custody. One parent has day to day care and control, and the other parent has visitation. The other parent also has a voice in major decisions about the child such as religion, education, and extra-curricular activities. The other parent also has a legal obligation to provide child support to the primary caregiver.

The fact that Jason has lost his parenting rights, and is now an occasional parent (weekends, some holidays) indicates that there were some serious concerns about his day to day parenting. Therefore, he has been deprived of that responsibility. Michelle's sister, on the other hand, has been granted that responsibility.It sure doesn't sound like you are well versed.

I'm really curious as to what order you read because Jason did not lose his parenting rights.

[alterEgo©]

I don't agree that it will be in this case Tia. The order clearly states that this is it unless there is a change in any of the parties' circumstances. When JY is finally indicted and arrested, it will be easy for Meredith to have Jason's parental rights terminated, imo.
It will? Well gee, how can that be when termination req's a conviction?

[Leanne Weich]

They made their plea for full custody and they didn't get it. They didn't even fight for it, they conceeded to JOINT legal custody and SHARED physical custody.

No where was it ruled that Cassidy didn't live in a stable and loving home. And why in the world would the court, who is vested in the best interest of the child, allow physical custody granted into a home that isn't stable and loving.

Obviously Linda and meredith felt Cassidy wasn't living in the ideal home environment; Jason didn't oppose or even attempt to refute their allegation and, as previously stated, L&M were probably filing for a whole lot more than they anticipated receiving. L&M, even with their concession, gained a whole lot. I've never known anyone to willingly concede to less than they want unless they know that is the best they can hope for.

You can try to spin it anyway you want AE, but this was definitely not a good day for Jason.

[Leanne Weich]

It will? Well gee, how can that be when termination req's a conviction?

I should've said indictment, arrest and conviction - sorry.

[Jester]

It sure doesn't sound like you are well versed.

I'm really curious as to what order you read because Jason did not lose his parenting rights.

I'm not quoting an order, I'm stating my opinion. Jason has lost his parenting rights. He is no longer the father who will raise his daughter. He is now the father that will visit his daughter on alternating weekends, and some holidays. Like it or not, he has been denied his parenting rights.

Simply put, Jason does not have the right to have his daughter live with him on an ongoing basis. He has lost that parenting right.

[Tia]

It sure doesn't sound like you are well versed.

I'm really curious as to what order you read because Jason did not lose his parenting rights.

He didn't.

Joint legal custody means that if Meredith decides she wants to raise Cassidy Catholic, or any religion, she MUST consult Jason. She must consult him on any major decisions, illnesses etc........

Joint Physical custody, normally means the parents share time 50/50.

Primary custody has been issued to Meredith. She is responsible for all aspects of Cassidy's day to day life, but Jason has a say.

Jason, has secondary custody, in my state its called visitation.

He has not lost his parental rights. So, that means he will be responsible for providing healthcare for Cassidy and child support to Meredith, if she requests it, or if a judge decides.

[Tia]

I'm not quoting an order, I'm stating my opinion. Jason has lost his parenting rights. He is no longer the father who will raise his daughter. He is now the father that will visit his daughter on alternating weekends, and some holidays. Like it or not, he has been denied his parenting rights.

Simply put, Jason does not have the right to have his daughter live with him on an ongoing basis. He has lost that parenting right.

That he has.

[Hey Paula]

You are so right HP! Changing a custody agreement, once it is in place, is a difficult task.

Hi Tia!

Exactly! These civil cases were planned well in their timing and anticipated nonresponse/uncontested outcome by JY.

I fully expect JY to be indicted and convicted.

IMO

[alterEgo©]

Hi AE!

Custody might have been granted to Meredith because of her geographical location. Had Cassidy been placed with Linda, who lives in NY, it would have been much more difficult to have Cassidy transported to NC when visiting with JY. Additionally, Cassidy has always lived in NC, and has likely spent more time with Meredith, who lived there too, and often cared for her.

IMO
Well the complaint was for Linda and Meredith to share custody - perhaps Jason agreed to Meredith having primary custody if Linda was removed from the equation as she didn't even get visitation.

Perhaps, as mentioned above, Linda will move to NC as the order doesn't bar blood relatives from living with Meredith.

[Tia]

Hi Tia!

Exactly! These civil cases were planned well in their timing and anticipated nonresponse/uncontested outcome by JY.

I fully expect JY to be indicted and convicted.

IMO


Things seem to be moving quickly now. Your expectations may come to fruition!

[alterEgo©]

Hi Tia!

Exactly! These civil cases were planned well in their timing and anticipated nonresponse/uncontested outcome by JY.

I fully expect JY to be indicted and convicted.

IMOPaula, the WDS was filed just in time to stay within the 2 year SOL. That's not well timed, it's a matter of filing within the time limitations.

Well they misanticipated Jason being unresponsive to the custody suit.

The DA already said the civil suit had no bearing on the criminal investigation so I'm curious as to why you think this custody order will usher in an indictment.

[alterEgo©]

Things seem to be moving quickly now. Your expectations may come to fruition!I don't know Tia, I thought the last two months went by excruciatingly s-l-o-w as we all waited for the next court filing.

[Leanne Weich]

Well the complaint was for Linda and Meredith to share custody - perhaps Jason agreed to Meredith having primary custody if Linda was removed from the equation as she didn't even get visitation.

Perhaps, as mentioned above, Linda will move to NC as the order doesn't bar blood relatives from living with Meredith.

Linda obviously wasn't removed from the equation or it would be in the order. The order, however, does refer to the Plaintiffs. That, imo, is both Linda and Meredith. If Linda was removed from the equation, why is she afforded telephone privileges. I haven't scrutinized the order - read it quickly before starting this thread but did notice the use of the word "Plaintiffs". I think you're trying to read more into this agt than is there.

[Hey Paula]

Well the complaint was for Linda and Meredith to share custody - perhaps Jason agreed to Meredith having primary custody if Linda was removed from the equation as she didn't even get visitation.

Perhaps, as mentioned above, Linda will move to NC as the order doesn't bar blood relatives from living with Meredith.

Personally, I don't think JY dictated the terms. I believe Meredith was awarded primary custody because she lives in NC. Given the outcome of the custody suit, Linda might very well move to NC. Linda owns the residence occupied by Meredith and the three of them could live there comfortably.

[alterEgo©]

I'm not quoting an order, I'm stating my opinion. Jason has lost his parenting rights. He is no longer the father who will raise his daughter. He is now the father that will visit his daughter on alternating weekends, and some holidays. Like it or not, he has been denied his parenting rights.

Simply put, Jason does not have the right to have his daughter live with him on an ongoing basis. He has lost that parenting right.
*sigh*

The order clearly states Jason and Meredith will share physical custody. He lost primary custody and shares legal custody with Meredith.

What he lost what his constitutionally protected status to have the exclusive control, custody and companionship of his daughter.

[alterEgo©]

Personally, I don't think JY dictated the terms. I believe Meredith was awarded primary custody because she lives in NC. Given the outcome of the custody suit, Linda might very well move to NC. Linda owns the residence occupied by Meredith and the three of them could live there comfortably. Oh, I'm sure he had some demands. And I'm sure the Fishers had demands. And the meshing of the two is what is in the order.

It certainly is a cute little house (and no, I don't mean little in a negative manner). I was under the impression that it was just a 2bedroomer tho.

[Tacori]

Well the complaint was for Linda and Meredith to share custody - perhaps Jason agreed to Meredith having primary custody if Linda was removed from the equation as she didn't even get visitation.

Perhaps, as mentioned above, Linda will move to NC as the order doesn't bar blood relatives from living with Meredith.

I'm not sure that's correct, AE. I think it asked temporary and permanent orders to be entered and awarded to the Plaintiff's, jointly/and or individually, the exclusive care, custody and control of the minor child...

http://www.wral.com/asset/news/local/2008/12/19/4172400/Fisher_custody_complaint_against_Jason_Young.pdf

That's my take anyway.

[Jester]

Well the complaint was for Linda and Meredith to share custody - perhaps Jason agreed to Meredith having primary custody if Linda was removed from the equation as she didn't even get visitation.

Perhaps, as mentioned above, Linda will move to NC as the order doesn't bar blood relatives from living with Meredith.

Similar to Brad Cooper, both Nancy's twin sister and her parents applied for custody. I think the grandparents got custody but they live with Nancy's twin sister. I'm going from memory, but I think that's how it worked out. In this case, the same application was filed, but it was Linda and Meredith. Same difference. In both cases a ruling was made on both parties. Meredith was always the better choice. Meredith shares custody with Jason rather than her mother. It's a compromise.

[Tia]

*sigh*

The order clearly states Jason and Meredith will share physical custody. He lost primary custody and shares legal custody with Meredith.

What he lost what his constitutionally protected status to have the exclusive control, custody and companionship of his daughter.


He gave that up, the day to day raising of Cassidy, in order to protect himself.

He could have easilly fought this and won, had he "talked"! This was a "settlement", to protect Jason's own butt.

In real life, Dads do not lose primary custody just because their SIL and MIL asked for it.

He backed down to avoid scrutiny.

[Hey Paula]

Paula, the WDS was filed just in time to stay within the 2 year SOL. That's not well timed, it's a matter of filing within the time limitations.

Well they misanticipated Jason being unresponsive to the custody suit.

The DA already said the civil suit had no bearing on the criminal investigation so I'm curious as to why you think this custody order will usher in an indictment.

I think all parties wanted the civil matters settled before the criminal trial. It works out better for Cassidy's sake.

I think JY's reactions to the civil suits will be viewed as CE/COG when he is finally tried, even though I firmly believe the DA has sufficient evidence to prove its case beyond a reasonable doubt.

[alterEgo©]

Linda obviously wasn't removed from the equation or it would be in the order. The order, however, does refer to the Plaintiffs. That, imo, is both Linda and Meredith. If Linda was removed from the equation, why is she afforded telephone privileges. I haven't scrutinized the order - read it quickly before starting this thread but did notice the use of the word "Plaintiffs". I think you're trying to read more into this agt than is there.I'm not reading more into it.

Linda is not granted any type of custody nor is she granted any type of visitation by the court.

yes the court mentions that the plaintiffs filed a custody action

[alterEgo©]

I think all parties wanted the civil matters settled before the criminal trial. It works out better for Cassidy's sake.

I think JY's reactions to the civil suits will be viewed as CE/COG when he is finally tried, even though I firmly believe the DA has sufficient evidence to prove its case beyond a reasonable doubt.Jason's actions under advise of counsel are not CE of COG. If the DA had sufficient evidence to prove it's case BARD, we would be sitting here discussing the trial.

[Jester]

*sigh*

The order clearly states Jason and Meredith will share physical custody. He lost primary custody and shares legal custody with Meredith.

What he lost what his constitutionally protected status to have the exclusive control, custody and companionship of his daughter.

I think we are differing on the legal interpretation of parenting rights, and the layperson's interpretation. I agree that Jason has not lost all legal parenting rights. He has visitation, so that much is obvious. I'm only speaking from a social or psychological impact. In that context, Jason has lost day to day contact parenting rights. To me, that's significant.

[Leanne Weich]

I'm not reading more into it.

Linda is not granted any type of custody nor is she granted any type of visitation by the court.

yes the court mentions that the plaintiffs filed a custody action

If Linda was removed from the equation and it was part of the smt agreement, you'd better believe Ms Stubbs would have had it noted in the Order. She wasn't given custody nor visitation per se but she certainly was not removed from the equation.

This settlement, with a view to the future, is a good one all round for Linda and Meredith. Linda has not been excluded in any way from day-to-day physical contact with Cassidy, unlike JY. If, in the future, Linda relocates to Wake County and Meredith wishes to start a life on her own - perhaps get married or any number of things that she may wish to do in the future - I think it leaves the way open for Linda to apply for and be placed in the same or, circumstances permitting, a better position than Meredith is in now.

[Jester]

Lindsay, where are you? I'd like to hear your opinion on this.

[Barbara2]

Jason's actions under advise of counsel are not CE of COG. If the DA had sufficient evidence to prove it's case BARD, we would be sitting here discussing the trial.


I really, really think that we WILL be talking about that trial.

[alterEgo©]

He gave that up, the day to day raising of Cassidy, in order to protect himself.

He could have easilly fought this and won, had he "talked"! This was a "settlement", to protect Jason's own butt.

In real life, Dads do not lose primary custody just because their SIL and MIL asked for it.

He backed down to avoid scrutiny.Well I am going to have to disagree - I don't think the arrangement would have been much different had they continued litigation.

In real life, Dads (and Moms) do lose primary custody when their SIL and MIL have a WD ruling in their favor to strip the Dad (or Mom) of his constitionally protected status.

[Leanne Weich]

Well I am going to have to disagree - I don't think the arrangement would have been much different had they continued litigation.

In real life, Dads (and Moms) do lose primary custody when their SIL and MIL have a WD ruling in their favor to strip the Dad (or Mom) of his constitionally protected status.

Weren't you arguing for weeks that the WDS could in no way be used to deprive Jason of his constitutionally protected status, or am I misremembering?

[Tia]

Well I am going to have to disagree - I don't think the arrangement would have been much different had they continued litigation.

In real life, Dads (and Moms) do lose primary custody when their SIL and MIL have a WD ruling in their favor to strip the Dad (or Mom) of his constitionally protected status.


Not if the dad is a good dad and not found a slayer in a WDS of his wife!

I am going to bed!!! I am exhausted from todays events!!!

See ya tomorrow!

[Leanne Weich]

I think this was the right thing for L&M to do - accept this settlement. They've saved themselves a bundle, I'm sure. Even if they had prevailed had this case proceeded and been granted a costs order against Jason, he couldn't have paid it. Defended actions are really expensive and i don't know what L&M's financial position is. Linda has to consider her financial status and, with the economy being what it is, this was probably a very smart move.

[alterEgo©]

I really, really think that we WILL be talking about that trial.
We just might. Or we could be sitting here wondering why there still hasn't been an arrest.

[alterEgo©]

Weren't you arguing for weeks that the WDS could in no way be used to deprive Jason of his constitutionally protected status, or am I misremembering?
Uh no, I said it was unclear what weight the court would give it or if it would meet the 'clear and convincing' standard for proof. I also said if the WDS was proof, then the murder became a non triable issue and no questions about the murder would be 'allowed'.

[Barbara2]

We just might. Or we could be sitting here wondering why there still hasn't been an arrest.

Why would an innocent man turn over custody of the child that is "the center of <his> life"?

[awareness]

I'm not reading more into it.

Linda is not granted any type of custody nor is she granted any type of visitation by the court.

yes the court mentions that the plaintiffs filed a custody action


I disagree, Linda signed off on the order. She can see Cassidy anytime she's with Meredith. No where does it say Linda is excluded from seeing Cassidy.

[jerry50]

Weren't you arguing for weeks that the WDS could in no way be used to deprive Jason of his constitutionally protected status, or am I misremembering?

That's what I remember, Leanne. I wonder where Mimi is? We'll probably misremember her arguments also.

[awareness]

Im so very glad that Cassidy will be with Meredith & Linda will be able to visit her at any time, possibly moving back to NC and moving in with Meredith. I hope her transition will be easy, but she loves Meredith & Linda so its not like they are strangers.

Its M.O. that Jason gave into whatever they wanted to avoid the proceedings going further (which would possibly open himself up to questions & psych eval). Its also M.O. that the Fishers opted to settle as well to avoid a painful trial for Cassidy.

Now I look forward hopefully in the future, to a criminal arrest of Jason for the murder of Michelle & Rylan Young.

[Leanne Weich]

:thumbsup:That's what I remember, Leanne. I wonder where Mimi is? We'll probably misremember her arguments also.

:thumbsup: I also wonder. I'd love to see Stella's response to what has happened with the settlement given her postings since the filing of the Custody Application. It is amusing when people who are consistently wrong with their interpretation of the law try to intimidate and insult other poster's opinions and don't have enough courage to return when they're proven wrong until they feel there is a point they can use to again attempt to ridicule people whose opinions differ from their own.

I do give AE and Kat kudos for coming back and discussing this today even though things didn't turn out how they predicted.

[alterEgo©]

If Linda was removed from the equation and it was part of the smt agreement, you'd better believe Ms Stubbs would have had it noted in the Order. She wasn't given custody nor visitation per se but she certainly was not removed from the equation.

This settlement, with a view to the future, is a good one all round for Linda and Meredith. Linda has not been excluded in any way from day-to-day physical contact with Cassidy, unlike JY. If, in the future, Linda relocates to Wake County and Meredith wishes to start a life on her own - perhaps get married or any number of things that she may wish to do in the future - I think it leaves the way open for Linda to apply for and be placed in the same or, circumstances permitting, a better position than Meredith is in now.
Well gee, she asked for custody or visitation and got neither. Sounds like she isn't in the equation to me.

If Meredith wants to start a life on her own??? Boy howdy, if Kat had said that she would be attacked to no end. Good grief.

Read the last order. The decree is permanent unless there is a showing of substantial change of circumstances. If Meredith wanted to 'start a life on her own', she would have to relinquish all custody of Cassidy - you know, give her up because she is thinking only of herself - the very thing Jason is accused of doing. Getting married isn't a 'substantial change of circumstances' or the order would not have an allowance for 'related by marriage'.

[alterEgo©]

I disagree, Linda signed off on the order. She can see Cassidy anytime she's with Meredith. No where does it say Linda is excluded from seeing Cassidy.No where does it grant Linda custody or explicit visitation.

[awareness]

Well gee, she asked for custody or visitation and got neither. Sounds like she isn't in the equation to me.

If Meredith wants to start a life on her own??? Boy howdy, if Kat had said that she would be attacked to no end. Good grief.

Read the last order. The decree is permanent unless there is a showing of substantial change of circumstances. If Meredith wanted to 'start a life on her own', she would have to relinquish all custody of Cassidy - you know, give her up because she is thinking only of herself - the very thing Jason is accused of doing. Getting married isn't a 'substantial change of circumstances' or the order would not have an allowance for 'related by marriage'.

What part of LINDA signed off on the agreement dont you get? NOWHERE does it state Linda can't see Cassidy at any time she's living with Meredith (in the house Linda herself owns I may add). Are you trying to imply something more sinister about Linda, because it sure sounds that way to me.

#8 on the agreement clearly states that all parties agree. Then further down - they discuss the roles, with Meredith having primary physical custody (joint legal custody) and Jason visitation every other weekend holidays etc. - all spelled out very clearly.

Are you going to actually sit here and project what COULD happen in the future with Meredith's life? Um, ok... but since most of your predictions have been wrong, I dont hold much stock. I didnt realize you had insight into their thoughts & future plans. Meredith knows what she's doing and what sacrifice she's making, she's willing to make that - unlike Cassidy's dad Jason, who gave up primary physical custody without a fight.

Of course, we knew that Jason was going to have to answer very uncomfortable questions if the lawsuit proceeded.

JMO/IMO

[Barbara2]

Well gee, she asked for custody or visitation and got neither. Sounds like she isn't in the equation to me.

If Meredith wants to start a life on her own??? Boy howdy, if Kat had said that she would be attacked to no end. Good grief.

Read the last order. The decree is permanent unless there is a showing of substantial change of circumstances. If Meredith wanted to 'start a life on her own', she would have to relinquish all custody of Cassidy - you know, give her up because she is thinking only of herself - the very thing Jason is accused of doing. Getting married isn't a 'substantial change of circumstances' or the order would not have an allowance for 'related by marriage'.

Custody was being requested by both Linda and Meredith. Since they don't live in the same place, that wouldn't be possible. I would think that they would agree to this rather than fight through the courts. I'm sure that Jason didn't want Cassidy moved out of state. JMO.

[awareness]

No where does it grant Linda custody or explicit visitation.

It doesnt mention Linda does it really? Just where she signs off on it and in #8 saying she agreed.

Can you point to anywhere in the agreement where Linda is excluded from seeing Cassidy at all when she's with Meredith? Because she's clearly welcome at the home SHE OWNS where Meredith & her granddaughter Cassidy will be living.

[Leanne Weich]

Well gee, she asked for custody or visitation and got neither. Sounds like she isn't in the equation to me.

If Meredith wants to start a life on her own??? Boy howdy, if Kat had said that she would be attacked to no end. Good grief.

Read the last order. The decree is permanent unless there is a showing of substantial change of circumstances. If Meredith wanted to 'start a life on her own', she would have to relinquish all custody of Cassidy - you know, give her up because she is thinking only of herself - the very thing Jason is accused of doing. Getting married isn't a 'substantial change of circumstances' or the order would not have an allowance for 'related by marriage'.

A change in circumstances could mean a lot of things. Meredith may decide to marry a foreigner and leave the country - she could be incapacitated by illness - any number of things and I still don't think Linda has been taken out of the equation. I've drafted enough smt agts to know that if you are taking an applicant/plaintiff out of the equation, you reduce it to writing.

It's not so much what Kat says but how she says it that sometimes rubs people the wrong way. Jason is not only accused of only looking out for himself - he's proved it in many ways, imo. Linda and Meredith, otoh, have proven they're putting Cassidy first by being unselfish in trying to get custody of her and, in fact, succeeding in Meredith's case.

[alterEgo©]

Why would an innocent man turn over custody of the child that is "the center of <his> life"?Turn over? So you don't think the Fishers would have prevailed had the issue gone forward?

[alterEgo©]

It doesnt mention Linda does it really? Just where she signs off on it and in #8 saying she agreed.

Can you point to anywhere in the agreement where Linda is excluded from seeing Cassidy at all when she's with Meredith? Because she's clearly welcome at the home SHE OWNS where Meredith & her granddaughter Cassidy will be living.
Can you show where she is named as getting explicit visitation in the order? Or custody of any type?

[awareness]

#7 on the agreement under OVERNIGHT GUESTS

"The parties agree that when Meredith Fisher assumes primary custody of Cassidy, she shall no longer have housemates unrelated by blood or marriage."

Seems to me, Linda can move in and be with Cassidy while she's with Meredith at any time.

Linda is INCLUDED in "blood" relative status.

[Barbara2]

Turn over? So you don't think the Fishers would have prevailed had the issue gone forward?

According to posters on this board, there was no way they were going to prevail. I can't understand an innocent man giving up his child that he called the center of his life. If innocent, why would he roll over and play dead?

[Leanne Weich]

Turn over? So you don't think the Fishers would have prevailed had the issue gone forward?

Not speaking for Barbara but i do believe they would have prevailed. However, I don't think it would ever have gone to trial. I think JY would have got his attorney to withdraw, he'd have failed to take things any further and M&L would have won, by default. JMOOC.

[awareness]

Also #11

Telephone Contact

The plaintiffs shall both be entitled to reasonable telephone contact with Cassidy when she is not in the care of Meredith Fisher with the goal being that the plaintiffs, individually or jointly, will be able to speak with Cassidy at reasonable times and for a reasonable period of time approximately three times a week"

Linda Fisher is a plaintiff and signed off on this agreement.

[alterEgo©]

A change in circumstances could mean a lot of things. Meredith may decide to marry a foreigner and leave the country - she could be incapacitated by illness - any number of things and I still don't think Linda has been taken out of the equation. I've drafted enough smt agts to know that if you are taking an applicant/plaintiff out of the equation, you reduce it to writing.

It's not so much what Kat says but how she says it that sometimes rubs people the wrong way. Jason is not only accused of only looking out for himself - he's proved it in many ways, imo. Linda and Meredith, otoh, have proven they're putting Cassidy first by being unselfish in trying to get custody of her and, in fact, succeeding in Meredith's case.
A subtantial change in circumstances is what the order states. Your coldhearted implication that Meredith would toss Cassidy aside to start a life on her own is not excusable simply because your nic isn't Kat.

Good day.

[Kat4Eagles]

No where does it grant Linda custody or explicit visitation.



I just don't see the courts going to all this trouble with such a detailed order, if an arrest was on the horizon anytime soon..

I also hope that MF will take this responsibility seriously, as now, everything she does will be as closely scrutinized as Jason.

But, I do agree this was not a good day for Jason.

It almost reads like a Lifetime Movie, one sister dies, husband and only sister raise child....who knows?

Maybe this was a plan or the twist we didn't see coming.

Complicated?

Kat

[awareness]

A subtantial change in circumstances is what the order states. Your coldhearted implication that Meredith would toss Cassidy aside to start a life on her own is not excusable simply because your nic isn't Kat.

Good day.

That wasn't coldhearted of Leanne to say whatsoever.

Linda clearly is NOT removed from any rights, she just doesnt have the title of primary physical custodian and joint legal custodian.

[alterEgo©]

Also #11

Telephone Contact

The plaintiffs shall both be entitled to reasonable telephone contact with Cassidy when she is not in the care of Meredith Fisher with the goal being that the plaintiffs, individually or jointly, will be able to speak with Cassidy at reasonable times and for a reasonable period of time approximately three times a week"

Linda Fisher is a plaintiff and signed off on this agreement.Again, telephone contact isn't visitation or custody.

[Kat4Eagles]

A subtantial change in circumstances is what the order states. Your coldhearted implication that Meredith would toss Cassidy aside to start a life on her own is not excusable simply because your nic isn't Kat.

Good day.

I know, next it will be that Jason is doing this so it will make MF fall in love with him, they will get married, raise C, and the payoff will be she can't testify against him, and Jason still has C!!

I think I saw this movie.
Kat

[Wyn]

That wasn't coldhearted of Leanne to say whatsoever.

Linda clearly is NOT removed from any rights, she just doesnt have the title of primary physical custodian and joint legal custodian.

And the "little house" as I believe Meredith's home was referred to is actually over two thousand square feet, has three bedrooms, two and a half baths and a lovely private backyard. A wonderful home that Cassidy is already quite familiar with and will be very happy in.

With Meredith having primary custody and Jason just visitation, I can see his visitations getting less and less frequent. :biggrin:

[alterEgo©]

That wasn't coldhearted of Leanne to say whatsoever.

Linda clearly is NOT removed from any rights, she just doesnt have the title of primary physical custodian and joint legal custodian.
Of course not, it would have only been coldhearted if Kat had said it.

[Barbara2]

I know, next it will be that Jason is doing this so it will make MF fall in love with him, they will get married, raise C, and the payoff will be she can't testify against him, and Jason still has C!!

I think I saw this movie.
Kat

That's pretty sick, IMO. Why are there some here that are so hateful to Meredith? I'm curious as to what she did to deserve this nastiness.

[awareness]

Again, telephone contact isn't visitation or custody.

ok YOU WIN! Linda wasnt named primary physical custodian or joint legal custodian!

But it also never states she cant see Cassidy at any time does it? And it also gives Meredith primary physical custody and joint legal custody. And it also doesnt say Linda is unfit, or not welcome to be with Meredith and Cassidy. In fact, it says she has a loving relationship with Cassidy and she's entitled to phone time with her. And also that she can MOVE IN her own home with Meredith & Cassidy since she's a blood relative.

So if you feel that's losing on the Fisher's side, so be it. As far as Im concerned, its a full and total victory. But do be careful in your borderline insinuations that Linda is unfit somehow.

[Kat4Eagles]

Again, telephone contact isn't visitation or custody.



No, it isn't, but I have studied the order, and I don't get where anyone thinks an arrest will follow.

On the contrary, it seems to spell things out for years to come.

Kat

[Leanne Weich]

A subtantial change in circumstances is what the order states. Your coldhearted implication that Meredith would toss Cassidy aside to start a life on her own is not excusable simply because your nic isn't Kat.

Good day.

OFGS. Nowhere did I say Meredith would toss Cassidy aside. Leaving the country or a host of other circumstances, would be deemed a "substantial change in circumstances". BTW, it is rich coming from you trying to insinuate that I'd be coldhearted in anything to do with the Fishers but, then again, anyone who has posted here for any length of time would take your comment from whence it came and attribute the relevant importance to it.

Click.

[awareness]

No, it isn't, but I have studied the order, and I don't get where anyone thinks an arrest will follow.

On the contrary, it seems to spell things out for years to come.

Kat

Same question to you then Kat since you feel that the phone time doesnt give Linda "visitation or custody". Does the agreement say Linda can't visit Cassidy at any time she's with Meredith? That she cant move in with them since she's blood, or that Linda is somehow unfit?

We understand you dont get it. The JDI's clearly feel that in time, maybe not tomorrow - next week - next month, but in time, Jason will be arrested.

[Leanne Weich]

I know, next it will be that Jason is doing this so it will make MF fall in love with him, they will get married, raise C, and the payoff will be she can't testify against him, and Jason still has C!!

I think I saw this movie.
Kat

That scenario certainly wouldn't come from anyone who believes JY to be guilty of murdering Michelle nor do I think any one of those people's minds would even wander in that direction. I'm not surprised, however, that you'd post something as twisted as this.

[im4justice]

Again, telephone contact isn't visitation or custody.

So she did not gain the legal title. In reality she can spend sunup to sun down when Cassidy is in Meredith's care. They can sing twinkle twinkle little star together, go on picnics, watch movies of when she was a baby. I think Linda is going to be in seventh heaven. I'm aorry you are unable to see the joy in that. IMO

[alterEgo©]

And the "little house" as I believe Meredith's home was referred to is actually over two thousand square feet, has three bedrooms, two and a half baths and a lovely private backyard. A wonderful home that Cassidy is already quite familiar with and will be very happy in.

With Meredith having primary custody and Jason just visitation, I can see his visitations getting less and less frequent. :biggrin:Oh belss your heart, you completely skipped over my (and no, I don't mean little in a negative manner), didn't you.

[Alli]

*sigh*

The order clearly states Jason and Meredith will share physical custody. He lost primary custody and shares legal custody with Meredith.

What he lost what his constitutionally protected status to have the exclusive control, custody and companionship of his daughter.

He didn't really lose it, he gave it up. Circumstances change, such as an arrest, it all gets redone. Weren't there a few posters on here who speculated the motive for the murder was custody of the child and $1 million? Wouldn't that motive now apply to Meredith Fisher rather than Jason Young?

[alterEgo©]

So she did not gain the legal title. In reality she can spend sunup to sun down when Cassidy is in Meredith's care. They can sing twinkle twinkle little star together, go on picnics, watch movies of when she was a baby. I think Linda is going to be in seventh heaven. I'm aorry you are unable to see the joy in that. IMONot sure where you are getting that I am unable to see any joy in all that. Equally not sure that I care where you are getting that.

I'm merely pointing out that Linda was not granted explicit custody or visitation in the custody order and wondered many posts ago if her explicit exclusion was part in parcel to coming to the agreement outlined in the order.

[awareness]

He didn't really lose it, he gave it up. Circumstances change, such as an arrest, it all gets redone. Weren't there a few posters on here who speculated the motive for the murder was custody of the child and $1 million? Wouldn't that motive now apply to Meredith Fisher rather than Jason Young?

Its MO Meredith would give anything she could to have her sister & nephew on the earth.

By the way, the wrongful death suit gives control of the insurance to Cassidy - I think in trust when she turns of age, Im not 100% sure of the specifics. Money was not the motive IMO for going after custody.

Its been alleged Jason was requesting Michelle be insured so high anyway, was pushing for the $1M policy.

[Alli]

No, it isn't, but I have studied the order, and I don't get where anyone thinks an arrest will follow.

On the contrary, it seems to spell things out for years to come.

Kat

It only spells out things until circumstances change.

I do think an arrest is going to be in short order.

[alterEgo©]

He didn't really lose it, he gave it up. Circumstances change, such as an arrest, it all gets redone. Weren't there a few posters on here who speculated the motive for the murder was custody of the child and $1 million? Wouldn't that motive now apply to Meredith Fisher rather than Jason Young?
:scared: she doesn't wear size 10 Franklins, does she :chicken:

[Leanne Weich]

He didn't really lose it, he gave it up. Circumstances change, such as an arrest, it all gets redone. Weren't there a few posters on here who speculated the motive for the murder was custody of the child and $1 million? Wouldn't that motive now apply to Meredith Fisher rather than Jason Young?

How could a motive for murder apply to Meredith especially if the reward was the LI and custody. The LI is no longer for Jason's benefit and, for all intents and purposes, she has custody. Do you think she might murder Jayson?

[Kat4Eagles]

Same question to you then Kat since you feel that the phone time doesnt give Linda "visitation or custody". Does the agreement say Linda can't visit Cassidy at any time she's with Meredith? That she cant move in with them since she's blood, or that Linda is somehow unfit?

We understand you dont get it. The JDI's clearly feel that in time, maybe not tomorrow - next week - next month, but in time, Jason will be arrested.


I know that LF and MF went in this as joint plaintiffs, and MF came out solely on their behalf.

I only wish I knew the law as well as AE.

I think that Jason's counsel gave him the best outcome he could expect, if he didn't want to talk or take the psych eval.

And, while I don't share your optimism about an arrest after all this time, who knows?

Today sure surprised me..but then again, why did the court overlook the WDS suit and not play the title slayer card into their decision?

I do hope one thing, I hope that somewhere in all of this, all parties will agree to some counseling.

Kat

[Alli]

Its MO Meredith would give anything she could to have her sister & nephew on the earth.

By the way, the wrongful death suit gives control of the insurance to Cassidy - I think in trust when she turns of age, Im not 100% sure of the specifics. Money was not the motive IMO for going after custody.

Its been alleged Jason was requesting Michelle be insured so high anyway, was pushing for the $1M policy.

I haven't seen that alleged anywhere but here.

I'm pretty sure the wrongful death ruling gave control of the insurance to the insurance company. CY is a minor so next step was for Fishers to gain custody of CY. Mission accomplished and Jason helpfully made it happen.

[alterEgo©]

Its been alleged Jason was requesting Michelle be insured so high anyway, was pushing for the $1M policy.No it hasn't. It's just been a rumor on the boards.

[Kat4Eagles]

It only spells out things until circumstances change.

I do think an arrest is going to be in short order.


You will forgive me, if 27 months later,and being promised that almost on a daily basis, I won't put too much faith into it.
Thanxx !!
Kat

[Alli]

How could a motive for murder apply to Meredith especially if the reward was the LI and custody. The LI is no longer for Jason's benefit and, for all intents and purposes, she has custody. Do you think she might murder Jayson?

Why would Meredith murder Jason now? Doesn't she now have what she wants?

[Alli]

You will forgive me, if 27 months later,and being promised that almost on a daily basis, I won't put too much faith into it.
Thanxx !!
Kat

I can and I will!!

Thanxx!!

[awareness]

Why would Meredith murder Jason now? Doesn't she now have what she wants?

MO is "what she wants" includes Michelle and Rylan.

[Leanne Weich]

I haven't seen that alleged anywhere but here.

I'm pretty sure the wrongful death ruling gave control of the insurance to the insurance company. CY is a minor so next step was for Fishers to gain custody of CY. Mission accomplished and Jason helpfully made it happen.

IIRC, the WDS states that the proceeds of the LIP will devolve as if Jason had predeceased Michelle. Michelle may have nominated an alternate beneficiary to Jayson and, if not, it will devolve upon her beneficiary i.to.o her will. Without the benefit of seeing Michelle's will, it is difficult to say exactly what would happen to the proceeds. I'd hazard a guess that Michelle's will made provision for her estate to devolve upon Cassidy in the event that JY predeceased her and, yes, I know LI proceeds do not typically fall under a will.

[Alli]

:scared: she doesn't wear size 10 Franklins, does she :chicken:

Did LE measure anyone else's feet but Jason's?

[Leanne Weich]

Why would Meredith murder Jason now? Doesn't she now have what she wants?

I don't know. I was replying to your post where you said people speculated that the LI and custody were the motive for murder and did Meredith now have motive.

[Kat4Eagles]

No it hasn't. It's just been a rumor on the boards.


Will MF have to take some kind of parenting classes, it is going to be a whole different lifestyle for her.

Kat

[im4justice]

Not sure where you are getting that I am unable to see any joy in all that. Equally not sure that I care where you are getting that.

I'm merely pointing out that Linda was not granted explicit custody or visitation in the custody order and wondered many posts ago if her explicit exclusion was part in parcel to coming to the agreement outlined in the order.

Go ahead and point out all you want and speculate all you want (and of course you don't need my permission) that's your right on this board but why are you pointing it out? The outcome and how that outcome was reached makes no difference in the end. It must be important to you for some reason. I'm just interested in the final result Her time to be spent with Cassidy will be no diifferent whether she gained custody or Meredith did .We could point out ithat Jason never really did respond to the suit did he? He chose an agreement instead. What does it matter now?
Good for Linda , Cassidy and Meredith!! A happy day! IMO

[Alli]

IIRC, the WDS states that the proceeds of the LIP will devolve as if Jason had predeceased Michelle. Michelle may have nominated an alternate beneficiary to Jayson and, if not, it will devolve upon her beneficiary i.to.o her will. Without the benefit of seeing Michelle's will, it is difficult to say exactly what would happen to the proceeds. I'd hazard a guess that Michelle's will made provision for her estate to devolve upon Cassidy in the event that JY predeceased her and, yes, I know LI proceeds do not typically fall under a will.

The Judge directed the insurance company to remove Jason as a beneficiary and to pay the benefit in accordance with the policy provisions. It has nothing to do with Michelle's Will.

btw, no life insurance company is going issue a check for $1 million to a minor.

[alterEgo©]

snipped
But do be careful in your borderline insinuations that Linda is unfit somehow.Be careful, huh? Or what?

[Alli]

MO is "what she wants" includes Michelle and Rylan.

How would killing Jason bring back Michelle and Rylan? Sorry, that makes not a lot of sense.

[Leanne Weich]

Will MF have to take some kind of parenting classes, it is going to be a whole different lifestyle for her.

Kat

I doubt it Kat or I'd assume a provision would have been inserted in the Order that, during the transition period, she would have to attend and accomplish .........

[alterEgo©]

Will MF have to take some kind of parenting classes, it is going to be a whole different lifestyle for her.

KatThere is no stipulation in the order that she do so.

[Leanne Weich]

This will have to be my last post for a while as I have to get ready for work.

On another site about a week ago, a poster said PY and GM had just got married. Wonder if that was so that they would be in compliance with the terms of the smt agt?

[Jester]

I think this was the right thing for L&M to do - accept this settlement. They've saved themselves a bundle, I'm sure. Even if they had prevailed had this case proceeded and been granted a costs order against Jason, he couldn't have paid it. Defended actions are really expensive and i don't know what L&M's financial position is. Linda has to consider her financial status and, with the economy being what it is, this was probably a very smart move.

I'm seeing it from a different viewpoint, thinking it was generous of the Fishers to not only concede Birthdays, but also let stand that he was a proper and fit parent. I think Jason was lucky to be offered such generous consideration after being named Michelle's Slayer. I'd like to know if the deal was sweetened with a waiver of child support.

It usually takes more than money to keep a father away from his daughter, so an innocent man would find money and go to jail before losing his daughter. In this case it was just money and ended in murder so he gave his daughter away.

It looks like he is terrified to speak. I'm not buying into the paranoia of persecution theory anymore.

[Jester]

Will MF have to take some kind of parenting classes, it is going to be a whole different lifestyle for her.

Kat

People like Casey Anthony need parenting classes, not people like Michelle Fisher Young or her sister.

[Jester]

This will have to be my last post for a while as I have to get ready for work.

On another site about a week ago, a poster said PY and GM had just got married. Wonder if that was so that they would be in compliance with the terms of the smt agt?

What, no announcement?

[alterEgo©]

What, no announcement?
What is there to announce?

From a Feb '08 warrant:

These statements concerning the clothing were confirmed by Gerald McIntyre Mr. McIntyre is Pat Young’s husband and the stepfather of Jason Young.
...
Mrs. Patricia Young and her husband, Gerald McIntyre, reside at 41 Mockingbird Lane in Brevard, North Carolina.

http://www.wral.com/asset/news/local/2008/08/12/3365337/1219081477-20080818133406629.pdf

[Barbara2]

In reading through the entire judge's order, the one thing that resonates most is the love for Cassidy. Both sides have made concessions in order to make this work for her best interest. I would like for there to be an arrest but for now, this is the best possible outcome of the suits filed to this point. IMO

[5swab5]

In reading through the entire judge's order, the one thing that resonates most is the love for Cassidy. Both sides have made concessions in order to make this work for her best interest. I would like for there to be an arrest but for now, this is the best possible outcome of the suits filed to this point. IMO

What I like about it too, is that it spells out in no uncertain terms exactly which days and what times Jason is expected to be responsible for Cassidy. He wasn't so good at being a husband, maybe these step by step instructions will aid him in his role as a father. MOO

[BSNBREVARDNC]

If this goes to trial, I don’t think the defense will provide an alternate theory. They will probably just attempt to attack the evidence. However, we have been told that there will not be a trial. I wonder if we are looking at a potential Alford Plea? I read that they just had a spousal murder case in Johnson Co., NC ended this way.

[Tia]

So she did not gain the legal title. In reality she can spend sunup to sun down when Cassidy is in Meredith's care. They can sing twinkle twinkle little star together, go on picnics, watch movies of when she was a baby. I think Linda is going to be in seventh heaven. I'm aorry you are unable to see the joy in that. IMO

I'm sorry too, I will try to explain it AGAIN to AE and Kat.

How can a judge give PRIMARY PHYSICAL CUSTODY to two people in two different states??!

He can't.

But, by BOTH Fisher's requesting it, they increased their odds.

So, Meredith was issued PRIMARY PHYSICAL CUSTODY. Linda will move in with her eventually, and they will all raise Cassidy.

Nothing sinister or evil about the choice.

And Kat, the DA's office has no involvement in the terms of the custody agreement. That is family court. You keep saying that the agreement is long a detailed, but Kat, thats what they really look like!! They have to be long and complicated because a childs well being is at stake. They can't just throw an agreement together because they "think" Jason will be arrested sometime in the future.

Hope that helps:smile:

[Tia]

Do you actually think Alice Stubbs consulted Colin Willoughby before she drafted the custody agreement ?
What was she going to do ~~
" Meredith can go ahead and take Cassidy now with no stipulations because the Colin Willoughby train is coming" ? :lol:

Sorry Bombay, I just replied before I read your post. I pretty much just said the same thing. You made it shorter and to the point:thumbup:

[Tia]

I guess we will never know how much if any of that money will be there for the child when she becomes an adult. My guess would be none of it.


I believe it goes into a trust until she reaches a certain age. Its hers. No one else can touch it.

[BSNBREVARDNC]

I guess we will never know how much if any of that money will be there for the child when she becomes an adult. My guess would be none of it.

My guess would be most of it. The court will appoint a third party to oversee the money on CY’s behalf.

But don’t let that keep you from continuing to attack the Fishers.

[Jules2]

I guess we will never know how much if any of that money will be there for the child when she becomes an adult. My guess would be none of it.


How much of that money do you suppose, would have gone directly to Cassidy if Jason were to have collected the entire amount?

[Tia]

How much of that money do you suppose, would have gone directly to Cassidy if Jason were to have collected the entire amount?

IMO, none. At least now we know Cassidy will get it all. The "slayer", zilch.

[Alli]

I guess we will never know how much if any of that money will be there for the child when she becomes an adult. My guess would be none of it.

My guess is that because she's a minor and the money is likely motive, it will be deposited into a court trust account and not paid out until there is a successful prosecution.

[Tia]

If Jason is arrested during the "transition" period, what will happen as far as the schedule?

[BSNBREVARDNC]

If Jason is arrested during the "transition" period, what will happen as far as the schedule?

IMO - It’s null and void. It will then be up to Meredith to allow, or not allow, visitations with the remainder of the Young family. I’m sure there will be an additional custody order to transfer full custody to Meredith Fisher.

[Tia]

IMO - It’s null and void. It will then be up to Meredith to allow, or not allow, visitations with the remainder of the Young family. I’m sure there will be an additional custody order to transfer full custody to Meredith Fisher.


Thanks BSN and Bombay.

[Jester]

A couple of point from the order that stand out are paragraph number 11, that no responsive pleadings will be filed, and that the parties are fit and proper for the custodial roles specified in the order.

I understand that to mean that Jason did not file anything in response to the application for custody, and that he is only considered fit and proper to have visitation with Cassidy. The rest of the order looks typical of any other custody order.

[Tia]

Default

He can't drive to the Cracker Barrel when he is locked up in Harrison Hotel.

I would think the Fisher's would be sensitive and still allow a 'transition' from Brevard to Wake County....though much shorter.

Thats what I was wondering as well. Lets hope if and when JY is arrested, its when she is with The Fisher's.

[Alli]

The WD suit already decided the life insurance issue.
The slayer can't get his hands on it, no matter what happens in the criminal case.
The $ is Cassidy's and she will have all of it + interest.

The WD suit didn't decide how the insurance company is going to pay it out, to who and when. CY is a minor and that complicates it. Whomever tries to collect it on her behalf is going to have to go through the same process to collect as Jason would have gone through. The insurance company for Laci Peterson's policy paid it to a court trust account. Sure, it gains interest but it's taken years for Sharon Rocha to get that money paid out.

[Alli]

Sharon Rocha did not win a WD suit.
The 2 cases are not the same.
Read the Judge's order...Cassidy is the beneficiary of her mom's Life insurance. There is nothing for the courts to further decide.

The process for payout of life insurance benefits is pretty much the same, imo. I did read the order in the WDS and nowhere does it say CY is the beneficiary of her mom's life insurance.

[Alli]

The process for payout of life insurance benefits is pretty much the same, imo. I did read the order in the WDS and nowhere does it say CY is the beneficiary of her mom's life insurance.

too late to edit to add link:

http://www.wral.com/asset/news/local/2008/12/05/4088144/32274-20081205174636577.pdf


It says "shall be paid to the person or persons who would have been entitled," and while that's probably CY, I just don't see the insurance company paying out the money directly to a minor. I think somebody is going to have to do it on her behalf.

[alterEgo©]

Now that the Young's have CLEARED Meredith with the custody agreement (cops cleared her in 2007), wonder what the defense theory will be ? From day one, his family and supporters here have insinuated Meredith was the likely perpetrator. Per a credible eye witness, we know the killer drove a "light colored SUV, similar to a Ford explorer".
That rules out a random intruder from the Mfg. home park in the back or the disturbed teen next door.

Hmmm. Who could the killer be ? The jury will want to hear from the defense.
Show proof she was cleared.

"We are not ruling out anybody," said Sheriff Harrison in an interview with the Raleigh Telegram in August of 2007
http://tinyurl.com/627q8t

[Alli]

Show proof she was cleared.

"We are not ruling out anybody," said Sheriff Harrison in an interview with the Raleigh Telegram in August of 2007
http://tinyurl.com/627q8t

That's the way I remember it. I wonder when the next GJ convenes? Anybody know?

[alterEgo©]

If Jason is arrested during the "transition" period, what will happen as far as the schedule?
That would qualify as a substantial change in circumstances and the court would amend the order, in whole or in part, based on pleadings presented.

[Jester]

Show proof she was cleared.

"We are not ruling out anybody," said Sheriff Harrison in an interview with the Raleigh Telegram in August of 2007
http://tinyurl.com/627q8t

Have you considered the possibility that, at some time during the last two years, some people have been ruled out?

[alterEgo©]

Read the Judge's order...Cassidy is the beneficiary of her mom's Life insurance. There is nothing for the courts to further decide.You read the order, it says no such thing.

[alterEgo©]

Have you considered the possibility that, at some time during the last two years, some people have been ruled out?
Absolutely. However 'bombay' stated as fact that Meredith was cleared by LE in 2007.

[alterEgo©]

That's the way I remember it. I wonder when the next GJ convenes? Anybody know?
I believe it's the Tues after President's day.

[gorealtors]

I believe it's the Tues after President's day.

Nope. It is Feb 10th. Just around the corner.:wink:

[Jester]

You read the order, it says no such thing.

The order says that the proceeds will be paid to the beneficiary who would be entitled to the money if Jason predeceased Michelle. That would be Cassidy.

[Alli]

Cassidy is secondary beneficiary....she is entitled to the money.
Yes, the money will be set up in trust for her.

You keep stating facts without links to back them up. :no:

CY may very well be beneficiary but the life insurance company will still require the trustee to go through the same process to collect as they would have required Jason OR they'll deposit it with the Court, as happened in the Peterson case.

[Alli]

The order says that the proceeds will be paid to the beneficiary who would be entitled to the money if Jason predeceased Michelle. That would be Cassidy.

You're making an assumption. It's very possible someone else is named, such as Michelle's parents.

[Alli]

How clear do we have to be ?
Jason Young was declared the slayer and therefore cannot receive any benefit from Michelle's estate...that includes the $1mm life policy.
Cassidy then is beneficiary by default.
What part of that don't you understand ?

I understand you have no links to back up your facts and you can't seem to grasp my point:

Somebody has to collect the money on Cassidy's behalf and they'll undergo the same scrutiny by the insurance company as Jason would have undergone.

[Jester]

You're making an assumption. It's very possible someone else is named, such as Michelle's parents.

I hope I'm making the correct assumption when I conclude that Michelle's next of kin, after Jason, is her daughter Cassidy. Do you have any information suggesting that it should be someone other than Cassidy? Cassidy is the beneficiary of the wrongful death claim, and the claim was successful, so I'm assuming that she is now the beneficiary.

see paragraph 11: http://www.newsobserver.com/content/media/2008/11/5/young_document.pdf

[alterEgo©]

A couple of point from the order that stand out are paragraph number 11, that no responsive pleadings will be filed, and that the parties are fit and proper for the custodial roles specified in the order.

I understand that to mean that Jason did not file anything in response to the application for custody, and that he is only considered fit and proper to have visitation with Cassidy. The rest of the order looks typical of any other custody order.
The order clearly states that Jason and Meredith will SHARE legal AND physical custody.

Why are you trying to downplay the fact that Jason still has the right to make major decisions concerning Cassidy, and was found to be fit and proper to do so by the court, by misrepresenting the order.

[Alli]

OMG, you really think so ?
Jason Young is the prime suspect in his wife's murder.
Yes , he would be deposed and scrutinized.

Cassidy is almost 5...think she or her trustee will be scrutinized ?

Anyway, think what you want.
I am tired of arguing with you

I know so. If you think LE and insurance companies let just anybody collect $1 million in an unsolved murder, think again. Cassidy won't be scrutinized, the person attempting to collect the money will be scrutinized. What's odd is why you want to argue about it.

[alterEgo©]

Jason Young is the prime suspect in his wife's murder.

snipped
Link to this statement of fact.

[Jester]

The order clearly states that Jason and Meredith will SHARE legal AND physical custody.

Why are you trying to downplay the fact that Jason still has the right to make major decisions concerning Cassidy, and was found to be fit and proper to do so by the court, by misrepresenting the order.

Not at all. Jason is fit and proper for the roles specified in the order. Jason's role has been reduced from primary caregiver to specified visitation with input regarding major decisions in Cassidy's upbringing. He can no longer make unilateral decisions concerning Cassidy. That is, he does not have the right to make major decisions concerning Cassidy, but rather he must cooperate with Meredith in decision making.

[Alli]

I hope I'm making the correct assumption when I conclude that Michelle's next of kin, after Jason, is her daughter Cassidy. Do you have any information suggesting that it should be someone other than Cassidy? Cassidy is the beneficiary of the wrongful death claim, and the claim was successful, so I'm assuming that she is now the beneficiary.

see paragraph 11: http://www.newsobserver.com/content/media/2008/11/5/young_document.pdf

It doesn't help the discussion when assumptions are stated as fact. It could be someone other than Cassidy. Secondary beneficiaries aren't required to be next of kin. My parents are listed on my life insurance after my husband because somebody has to collect on behalf of a minor and they are named my kids' financial guardians in my Will.

[Alli]

Not at all. Jason is fit and proper for the roles specified in the order. Jason's role has been reduced from primary caregiver to specified visitation with input regarding major decisions in Cassidy's upbringing. He can no longer make unilateral decisions concerning Cassidy. That is, he does not have the right to make major decisions concerning Cassidy, but rather he must cooperate with Meredith in decision making.

Why do you keep misrepresenting facts?
Jason's role has not been reduced to "specified visitation." GMAB.

[alterEgo©]

The order says that the proceeds will be paid to the beneficiary who would be entitled to the money if Jason predeceased Michelle. That would be Cassidy.Not if Cassidy is not specifically named as an alternate beneficiary on the LI beneficiary designation - someone else could have been named alternate. If no alternate is named, the proceeds are paid to her estate per the order per statutes.

[Jester]

Link to this statement of fact.

see paragraph 8: http://www.wral.com/asset/news/local/2008/12/05/4088144/32274-20081205174636577.pdf

The court finds that the allegations that Jason brutally murdered Michelle is an admitted fact. The order also states the the police believe Jason is guilty of the murder. That, in my opinion, translates into Jason being a prime suspect.

[alterEgo©]

The lead investigator at WCSO identified him as THE killer...not just a suspect.

"Based on my experience in law enforcement ... and my knowledge of the evidence gathered in the investigation of the death of Michelle Young, in my opinion, the allegation ... that 'Jason Young brutally murdered Michelle Young at their residence' is true."

http://www.wral.com/news/local/story/4081439/
Again, Spiveys OPINION does not make Jason 'the prime suspect'.

Pony up the link to Jason being named the prime suspect to back your statement of fact.

[alterEgo©]

see paragraph 8: http://www.wral.com/asset/news/local/2008/12/05/4088144/32274-20081205174636577.pdf

The court finds that the allegations that Jason brutally murdered Michelle is an admitted fact. The order also states the the police believe Jason is guilty of the murder. That, in my opinion, translates into Jason being a prime suspect.

No where does it say that Jason is the primary suspect. Try again.

[Jester]

It doesn't help the discussion when assumptions are stated as fact. It could be someone other than Cassidy. Secondary beneficiaries aren't required to be next of kin. My parents are listed on my life insurance after my husband because somebody has to collect on behalf of a minor and they are named my kids' financial guardians in my Will.

Cassidy filed the wrongful death claim. It was successful. How can you conclude then, that she is not the new beneficiary of the claim? Do you think that she filed the claim so someone else could be the beneficiary?

[alterEgo©]

Not at all. Jason is fit and proper for the roles specified in the order. Jason's role has been reduced from primary caregiver to specified visitation with input regarding major decisions in Cassidy's upbringing. He can no longer make unilateral decisions concerning Cassidy. That is, he does not have the right to make major decisions concerning Cassidy, but rather he must cooperate with Meredith in decision making.And Meredith cannot make unilateral decisions without cooperating with Jason.

Hence the term 'shared'.

[Alli]

see paragraph 8: http://www.wral.com/asset/news/local/2008/12/05/4088144/32274-20081205174636577.pdf

The court finds that the allegations that Jason brutally murdered Michelle is an admitted fact. The order also states the the police believe Jason is guilty of the murder. That, in my opinion, translates into Jason being a prime suspect.

No insurance company is going to pay benefits to anyone considered a suspect in an unsolved murder, whether they are publicly named or not.

[alterEgo©]

Cassidy filed the wrongful death claim. It was successful. How can you conclude then, that she is not the new beneficiary of the claim? Do you think that she filed the claim so someone else could be the beneficiary?
No she didn't. Linda did.

Linda is not Cassidy.

Hello.

[Alli]

Cassidy filed the wrongful death claim. It was successful. How can you conclude then, that she is not the new beneficiary of the claim? Do you think that she filed the claim so someone else could be the beneficiary?

No, Cassidy didn't file the wrongful death claim. Just one more fact you've made up.