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Taking ex back for contempt (questions)

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LdiJ

Senior Member
Any advice on what would be a fair visitation schedule for us moving forward? I work 2 12's a week 7am-7pm. I usually make my own schedule and its pretty flexible. I am a RN and we self schedule and also live 15 min away from my job. His dad works Monday, Tuesday, Thursday 8am-7pm, and Wednesday, Friday and every Saturday 8am-6pm. He works an hour and 45 minutes away from where I am moving and lives 20-25 minutes away from us currently and will stay 20-25 minutes after we move. I just would like input on a visitation schedule that would maximize time with both parents. Previously 2 weeks before court he was giving up most of his weekday time due to his work schedule. But since after court he has been taking it and letting his parents pick up and drop off our son. Which is in the court documents they can't but he clearly has problems with authority. Thanks in advance.
With dad's work schedule I don't see where he has much time to spend with the child. However, he should probably get the TX standard or expanded standard.
 


Ohiogal

Queen Bee
With dad's work schedule I don't see where he has much time to spend with the child. However, he should probably get the TX standard or expanded standard.
Texas? Where do you get TEXAS? Ogal is in OHIO. And Ohio does not have a STANDARD schedule for the state. I do agree that he will probably get the county's standard schedule at minimum.
 

LdiJ

Senior Member
Texas? Where do you get TEXAS? Ogal is in OHIO. And Ohio does not have a STANDARD schedule for the state. I do agree that he will probably get the county's standard schedule at minimum.
I don't know why I thought it was TX...my bad.:confused:
 

ogal

Member
Lol you guys. I agree that I suggested one night during the week.He can pick up after school until 8 pm. Then I said he could keep him until Monday mornings where he would drop him off at school on his weekend.i just didn't know if that was fair. I think it is Because he still want utilize that time.
 

ogal

Member
Update on my case: I had a hearing today to reveal the results of the psych eval. I really don't know the entire 44 page report but the recommendation of the Psychiatrist was a shared parenting plan with a week on and week off. I'm totally confused. This psych eval was done back in Feb and when the report was wrote was dated July. What is anyone or everyone's opinion on this? In July I got the okay from the courts to enroll our son in a school that is 20-25 min away from where my sons dad lives and and 1 hour and 45 min away from where he works. I am getting married and moving no further distance than I was from my ex before, but it is quite a bit further than where he was located for his new job. How can a psychiatrists recommend a week on and week off schedule when my ex hasn't or can't take our child to school or pick him up. Our child is 5 also. Also in the report it was stated that my ex is immature, irrational, and has a severe alcohol problems needs more counseling than what he is receiving. His work schedule was reveled today in court and he works 8:15am-7pm Monday through Friday and he works 3 Saturdays a month. He doesn't even utilize the time he has with him during the week either. I'm confused why the recommendation when we didn't even have this type of schedule before.

I'm asking for advice or thoughts not a fight. I know this is only the psychiatrics recommendation but how does this impact the judges decision?


Also at the time the report was made in July my ex had just started his new job and the psychiatrist did not know his new working hours/distance ect. He was fired from his previous job because of lack of showing up and his alcohol problem. Previously we were working in the same town, but lived in different school districts. Even with that I find it hard to do a week on and week off schedule because my schedule was only working 3 days a week and his was 6 days a week. I get that maybe the Psychiatrist might still recommend a shared parenting plan BUT with my move, new job, my ex's new job ect none of this was in his report. How does that work? Should it be updated or could his report be invalid?
 
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mommyanme

Member
Update on my case: I had a hearing today to reveal the results of the psych eval. I really don't know the entire 44 page report but the recommendation of the Psychiatrist was a shared parenting plan with a week on and week off. I'm totally confused. This psych eval was done back in Feb and when the report was wrote was dated July. What is anyone or everyone's opinion on this? In July I got the okay from the courts to enroll our son in a school that is 20-25 min away from where my sons dad lives and and 1 hour and 45 min away from where he works. I am getting married and moving no further distance than I was from my ex before, but it is quite a bit further than where he was located for his new job. How can a psychiatrists recommend a week on and week off schedule when my ex hasn't or can't take our child to school or pick him up. Our child is 5 also. Also in the report it was stated that my ex is immature, irrational, and has a severe alcohol problems needs more counseling than what he is receiving. His work schedule was reveled today in court and he works 8:15am-7pm Monday through Friday and he works 3 Saturdays a month. He doesn't even utilize the time he has with him during the week either. I'm confused why the recommendation when we didn't even have this type of schedule before.

I'm asking for advice or thoughts not a fight. I know this is only the psychiatrics recommendation but how does this impact the judges decision?


Also at the time the report was made in July my ex had just started his new job and the psychiatrist did not know his new working hours/distance ect. He was fired from his previous job because of lack of showing up and his alcohol problem. Previously we were working in the same town, but lived in different school districts. Even with that I find it hard to do a week on and week off schedule because my schedule was only working 3 days a week and his was 6 days a week. I get that maybe the Psychiatrist might still recommend a shared parenting plan BUT with my move, new job, my ex's new job ect none of this was in his report. How does that work? Should it be updated or could his report be invalid?
The judge will take everything into account. What does your attorney say?
 

ogal

Member
The judge will take everything into account. What does your attorney say?
My attorney has said from the beginning that she has never seen a case like mine before. She also stated that again today. She has no idea what will happen. We have had a GAL dismissed, magistrate dismissed, judge dismissed, parenting coordinator quit, counseling quit multiple lawyers resign or get fired (not mine). And I think that's about it. We have had a lot happen. The GAL came back to the case and she gave her opinion after a year and a half of shared parenting and said she would recommend termination. After her recommendation my ex filed a grievance and it continued as judges made orders. My ex had more grievances filed against the magistrate and judges. We now currently have an outside visiting judge. We went through them all in my county I just fear that the psychiatrist is scared of him too and doesn't want a grievance against him.
 
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mommyanme

Member
My attorney has said from the beginning that she has never seen a case like mine before. She also stated that again today. She has no idea what will happen. We have had a GAL dismissed, magistrate dismissed, judge dismissed, parenting coordinator quit, counseling quit multiple lawyers resign or get fired (not mine). And I think that's about it. We have had a lot happen. The GAL came back to the case and she gave her opinion after a year and a half of shared parenting and said she would recommend termination. After her recommendation my ex filed a grievance and it continued as judges made orders. My ex had more grievances filed against the magistrate and judges. We now currently have an outside visiting judge. We went through them all in my county I just fear that the psychiatrist is scared of him too and doesn't want a grievance against him.
Why is this such a fight? What has it done to your kids so far? If it was weekly rotation, will Dad even take all his time?
 

stealth2

Under the Radar Member
My attorney has said from the beginning that she has never seen a case like mine before. She also stated that again today. She has no idea what will happen. We have had a GAL dismissed, magistrate dismissed, judge dismissed, parenting coordinator quit, counseling quit multiple lawyers resign or get fired (not mine). And I think that's about it. We have had a lot happen. The GAL came back to the case and she gave her opinion after a year and a half of shared parenting and said she would recommend termination. After her recommendation my ex filed a grievance and it continued as judges made orders. My ex had more grievances filed against the magistrate and judges. We now currently have an outside visiting judge. We went through them all in my county I just fear that the psychiatrist is scared of him too and doesn't want a grievance against him.
But.... Earlier on, you posted that the judge recused himself - which is not the same as having been dismissed. I can't help but wonder how many others involved with this case chose to remove themselves.
 

TinkerBelleLuvr

Senior Member
What I see is a maneuver to avoid child support with no ability to follow through with a 50/50 split. Your attorney, in court, needs to demonstrate that the father does not have the ability to transport the child to your school district but tread carefully - Maybe they'll put the child in dad's district and have you transport since you have an easier schedule.
 

ogal

Member
I dont't really know why this is such a fight. Dad from the beginning has tried to keep our child from me stating I am the unfit parent. He was found in contempt once because he kept the child from me a month.He makes constant threats about making my life miserable unless I take him back and he also has threatened me about the support. Bottom line from the beginning ex wanted all this time with the child stating he wasn't working and he would utilize his time BUT from the beginning he hasn't. He continues to lie. I'm sure a lot has to do with support and a lot to do with hurting me because I have always had a flexible job and spent more time with our child.

The last time in court the the judge kept the schedule the same, but said he was going to see how flexible our schedules really were with both of us stating we had flexible schedules and could take our child to and from school. So far ex hasn't been taking the child to school on his days, (grandparents do) And when it is his day to pick up from school he doesnt utilize that time. He then has another day during the week for all day visitation that our child isn't in school (hes in preschool) and he doesn't utilize that time BUT his mom and dad (grandparents) utilize the time with our child sometimes. The judge did say at the last court hearing that if EX is at work I am to have the time with the child if I am available. So far that has been so so as I know there are times that EX goes to work and I am available to keep our child but he has his parents come pick him up anyway. So why would we even order week on and week off when over the past 3 years ex hasn't utilized most of his time anyway?

As far as judges being recused or dismissed. I apologize I really don't know the difference in the wording but I do know the GAL was dismissed because she asked to be and I think the judge recused himself and the magistrate I'd have to check our order what exactly it says if he was recused or dismissed. But why would everyone keep recusing themselves?
 

ogal

Member
What I see is a maneuver to avoid child support with no ability to follow through with a 50/50 split. Your attorney, in court, needs to demonstrate that the father does not have the ability to transport the child to your school district but tread carefully - Maybe they'll put the child in dad's district and have you transport since you have an easier schedule.
At our last hearing in July the Judge did make a ruling on school district stating he was allowing me to enroll the child in my school district, DO you see the judge changing this order? EX's lawyer did put up a fight in the previous hearing that with my flexible schedule I could eaily take the child to and from school. But obviously he mad the decision he did. I just don't get why this is such a fight. He works 8-7pm every day then drive an hour and 20 minutes home not getting home till after 8 but more likely not getting home till 8:30-9 every day. This seems silly to me. He doesnt utilize his time but doesnt want me to utilize mine either.
 

LdiJ

Senior Member
At our last hearing in July the Judge did make a ruling on school district stating he was allowing me to enroll the child in my school district, DO you see the judge changing this order? EX's lawyer did put up a fight in the previous hearing that with my flexible schedule I could eaily take the child to and from school. But obviously he mad the decision he did. I just don't get why this is such a fight. He works 8-7pm every day then drive an hour and 20 minutes home not getting home till after 8 but more likely not getting home till 8:30-9 every day. This seems silly to me. He doesnt utilize his time but doesnt want me to utilize mine either.
You need to keep a diary and note every time that dad does not utilize his time, as well as every time the grandparents keep the child when you are available to do so.
 

ogal

Member
Update: we had court today for the final hearing of custody. I filed 2 years ago to terminate a shared parenting plan. Needless to say court was continued because my ex asked for an extension. Before court my ex filed a motion to have his attorney withdrawln because of a lot of reasons, but because he stated he wasn't looking out for his best interest. So what happened today was the judge finally changed the visitstion schedule temporarily. Which was a shocked because now my ex has 2 overnights a moth and before he had 13. Also It was brought up that because of my ex's stalling techniques with filing motions and firing lawyers that he is costing me lots of
Money so the judge stated for me To file a motion to have him start paying lawyer expenses. I'm glad that finally the courts are seeing his true colors and what I have to deal with on a daily basis.
 

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