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unstable ex moves away/modify visitation?

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dwall

Guest
My ex gave up custody of my son to me 2 years ago. She was getting divorced and gave that ex custody of their 2 daughters. She said she needed her "space." She hardly sees any of the kids and isn't ordered to pay support.

In all, we have had 3 hearings regarding this custody...the first one I initiated for shared custody 10 months after she dropped him off at school and told me on my ans. machine that he was living with me now...she didn't show to the hearing. The next she initiated...she wanted custody back...I agreed to allow 6 months trial period since my son was devistated by the "loss" of his mother. She lasted 2 months with him then moved him back in with me. The last time...we had to change the 6 mo. order...custody back to me...she didn't show up...Judge was VERY upset at her actions and I now have sole legal and physical custody, mom has resonable visitation w/48hour notice...nothing more specific. She goes several weeks between visits even though she lives in the same town.

My ex and her husband got into (another) fight on Friday. She stayed home from work and ended up walking to a bar. Husband had to pick her up on his way home. She was supposed to have her other children for visitation...they were dropped off, 5 minutes later she called their dad to come back and get them. Her husband has since told us that my ex has a bad drinking problem for which she refuses to get help. He put her out this weekend and changed the locks since she didn't return home after she left him Friday night. He is supposedly filing for an annulment next week.

Ex is now at her mom's about 6 hours away. She let her husband know, but didn't call either dad of her kids...he let us know. She has a court hearing for the other dad this week which she says she doesn't plan on showing up for.

Question: Since she is obviously unstable and hardly sees my son as it is, should I petition for a modification to suspend her visitation while all of this is going on and after she has some proof of help or can prove to the judge she is serious about her son, she can start with visitation again?

Other dad told me when he arrived to pick his kids back up, she was throwing things and cussing her husband out right in front of them. I don't want my son to be a part of this until she is back on track...it isn't like she makes much of an effort as it is, but she is very vindictive and I don't want her to take me to court some day and say I refused to let her see our son.

I want my son to have a relationship with his mom but not like this. We live in FL and have posted about our situation before. I have done all of this so far without an atty. I am not trying to be hateful to her but right now I have to look out for the welfare of my son.
 


LegalBeagle

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by dwall:
Question: Since she is obviously unstable and hardly sees my son as it is, should I petition for a modification to suspend her visitation while all of this is going on and after she has some proof of help or can prove to the judge she is serious about her son, she can start with visitation again?

Other dad told me when he arrived to pick his kids back up, she was throwing things and cussing her husband out right in front of them. I don't want my son to be a part of this until she is back on track...it isn't like she makes much of an effort as it is, but she is very vindictive and I don't want her to take me to court some day and say I refused to let her see our son.

I want my son to have a relationship with his mom but not like this. We live in FL and have posted about our situation before. I have done all of this so far without an atty. I am not trying to be hateful to her but right now I have to look out for the welfare of my son.
<HR></BLOCKQUOTE>

Forget what you think about yourselves.. think about the children and get back into court and have visitation changed to supervised. Have the other dad testify on your behalf if needs be.


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Psst.. I am not an attorney, and even if I was, I would not tell you. What I am giving you is not legal advice in anyway. For proper legal advice, retain a person who openly admits they are an attorney.
 
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Ukiah

Guest
Your x has the right to see her son as stipulated. If she is drinking while the child is with her then you need to stipulate that neither party is to have alcohol around child or have been consuming alcohol while the child is present. If this is violated then go back to court, with the proper evidence.

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All that you have read in no way is Legal Advice, it is a matter of opinion to help you in your quest
 

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