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Grounds to go from 50-50 to standard?

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kimberlywrites

Senior Member
What is the name of your state (only U.S. law)? TX

The 50-50 parenting was going great until his remarriage. Up until then, he completely took on whatever needed to be done during his week: Extracurricular activities, doctor appointments, sick days, everything. We helped each other out when necessary. It was very amicable.

He's been remarried a couple of years and has a 1-year-old baby. Since the baby came his wife has not allowed him to take the kids to their extracurricular activities. It's not a lot: son has soccer practice once a week, daughter has dance class once a week. The wife says it's not fair to leave her at home with the baby while he's running around doing things for his other two kids.

When it started to become an issue, I took the kids to their activities during his week. He said it was 'growing pains' of a new blended family and would work itself out.

Well it hasn't, and my daughter is now involved in a couple more school activities – choir and Destination Imagination. For awhile she was involved in her church's drama club and had roles in their twice-a-year musicals. The church, btw, is the church dad and his wife attend. He signed her up for the drama club. I was the one who took her to weekly rehearsals since he was not allowed to.

I'm starting to feel I'm being taken advantage of. He's got the pleasure of 50-50 parenting, but none of the responsibility. He says he wants to work it out, but that he can't. I feel he either needs to assume the responsibilities of 50-50 during his week, or become the NCP, receive standard possession as per Texas custody law, and pay me child support. He's got it both ways right now. No child support, no responsibilities, half-time with the kids.

I've addressed the issue with him several times, and also with his wife. She told me not to threaten her with lawyers. She said that when the kids are with them, they are HER kids. But her actions don't back those words.

I'm done threatening. I'm ready to take action. Do I have enough of a reason to request modification or to enforce the current custody plan? These are all activities the ex has agreed to, btw. I don't put them in anything without his agreement.
 


Ohiogal

Queen Bee
Write ex a letter and tell him that he either follows the parenting plan regarding the children's extracurricular activities OR you will be taking him back to court. Quote the sections relevant to the children's extracurricular activities. Then if he doesn't abide by the court order, take him back on a motion to show cause and also petition for a custody change. In and of itself this is NOT a lot and may not get a custody change but it MAY get you a change in time share which allows for child support.
 

profmum

Senior Member
Hardly for a modification and you risk the ability for the Court or even Dad to strike down any extra curricular's being done on Dad's time. Dad may have legitimate grounds to say, he cannot take the kids, you are not willing to, so the kids dont get to go!

Consider yourself lucky that Dad is willing to let you herd the kids to their activities so they can get the benefit of extracurricular's! I would NOT rock the boat here and certainly not one that requires a modification in custody!


Then of course common sense would dictate that if both you and Dad cannot take the kids to all their activities maybe they should not be in them:)
 

kimberlywrites

Senior Member
Hardly for a modification and you risk the ability for the Court or even Dad to strike down any extra curricular's being done on Dad's time. Dad may have legitimate grounds to say, he cannot take the kids, you are not willing to, so the kids dont get to go!

Consider yourself lucky that Dad is willing to let you herd the kids to their activities so they can get the benefit of extracurricular's! I would NOT rock the boat here and certainly not one that requires a modification in custody!


Then of course common sense would dictate that if both you and Dad cannot take the kids to all their activities maybe they should not be in them:)

I've been cooperating for two years. They are not in anything excessive. The point is, it was perfectly fine until stepmom stepped in and said no. Dad is not saying no. Stepmom is saying no, and he's not got the balls to stand up to her.
 

Hisbabygirl77

Senior Member
I've been cooperating for two years. They are not in anything excessive. The point is, it was perfectly fine until stepmom stepped in and said no. Dad is not staying no. Stepmom is saying no, and he's not got the balls to stand up to her.
Listen I understand its frustrating him not doing what he used to. But he is still involved in his kids lives he still takes his kids. I am married and yet I take the kids to all of their extra activities. Their father works and can not make it. Its really not that big of a deal in the grand scheme of things. Yes he needs to grow a pair but he isnt thats his problem. He has to live with that. Just make the best of it. You cant force him to take kids to activities.
 

Ohiogal

Queen Bee
Listen I understand its frustrating him not doing what he used to. But he is still involved in his kids lives he still takes his kids. I am married and yet I take the kids to all of their extra activities. Their father works and can not make it. Its really not that big of a deal in the grand scheme of things. Yes he needs to grow a pair but he isnt thats his problem. He has to live with that. Just make the best of it. You cant force him to take kids to activities.
Actually if it is court ordered then yes she can. And it is likely that the court would add that clause to court order that each parent must guarantee that the children get to their extracurriculars when with either parent and said parent they are with must take them. Especially when it is something that the children HAVE been participating in.

And for some reaosn i thought her court order dealt with Extracurriculars. :p
 

Hisbabygirl77

Senior Member
Actually if it is court ordered then yes she can. And it is likely that the court would add that clause to court order that each parent must guarantee that the children get to their extracurriculars when with either parent and said parent they are with must take them. Especially when it is something that the children HAVE been participating in.

And for some reaosn i thought her court order dealt with Extracurriculars. :p

Ok I realize I'm tired and all lol but did I miss something? Theres nothing in orders as of right now about extracurriculars correct? Sigh....I need sleep. :D
 

kimberlywrites

Senior Member
I just pulled the decree to have a look. It says nothing anywhere about "extracurriculars"!
It basically says the kids will reside approximately half the year with him, half the year with me, in alternating weeks.
It says "each parent is ordered to support the children during their periods of possession and no additional child support is ordered at this time and neither party shall be obligated to pay child support to the other."

There's nothing in here about activities.
The status quo since May 2007 (the date this was filed) has been he takes care of the kids' business on his weeks, and me on mine.
ETA: I just want him to do the stuff he's always done with the kids on his time. I don't want a stepmother coming in and saying NO when what we've been doing has been working just fine.
 

profmum

Senior Member
I am going to reiterate my advice here, courts can be capricious, CJane and Isabella can attest to that. This is not a battle worth fighting particularly since extracurricular activities do NOT appear to be addressed in the CO. You (your kids) stand to lose the ability to participate in these activities. On the other hand, the courts could rule that each parent has to take the kids to the activities they are already participating in as OG said.. no way of knowing at all how the courts will rule and it will destroy the "not so bad" relationship with Dad. Kids grow there may be other activities they want to participate in and Dad can make that very difficult.

If your goal is truly to do the best for your kids and if that includes giving them a well rounded education, suck it up and take the kids yourself to these activities

Of course if you want to "Dad needs to stand up to his wife" approach, then litigate it.. not sure what that will get you?
 

kimberlywrites

Senior Member
There are constantly posts on here reminding us that over-stepping stepmoms can cause a lot of legal hotwater. Is that not the case here?
I will continue to take the kids to their activities, because this is certainly not their fault. Ex is getting his cake and eating it too, though. He has no responsibilities and all the fun.
 

profmum

Senior Member
There are constantly posts on here reminding us that over-stepping stepmoms can cause a lot of legal hotwater. Is that not the case here?
I will continue to take the kids to their activities, because this is certainly not their fault. Ex is getting his cake and eating it too, though. He has no responsibilities and all the fun.
Again.. clearly your focus is "sticking it to Dad"..if you dont want the responsibilities and only the fun, give Dad full custody.. stepmum is not overstepping here, Dad cannot stand up to her, that is Dad's problem not hers.
 
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