happymonkey
Junior Member
What is the name of your state (only U.S. law)? NJ
Hi, I am worried about this upcoming hearing and would like input. My ex is a LEO. We have a 13 year old daughter. There is a documented history of increasing DV against me by the ex, including multiple episodes where our daughter was present. The ex stalked me, followed me, and came after me in front of our daughter multiple times, some witnessed by other adults. My ex is angry that I obtained a RO against him, so he filed a motion for visitation clarification and also is suing me for money and legal fees. We did settle with our lawyers into an Order of Civil Restraints, which I agreed to at his request so that he would not have criminal charges and lose his job.
My question is, how does the court view the facts? Ex never mentioned in his petition that he is living with a married woman, nor did he mention our daughter's increasing issues with depression, anxiety attacks, and cutting. Ex works rotating shifts including on-call, and works a side job where he is on-call 24 hours a day (which he did not disclose). He lives in his parent's house about 25 min away, and his parents are there 6 months of the year. He is asking the court to have EO week visitation. (The current wording in our divorce is vague as to custody, it only states that parenting time will be agreed upon between parties on a daily and weekly basis around rotating work schedules.)
I responded with a request for primary residential custody, with Dad having E/O weekend. I asked for this because Dad is denying me parenting time while he is at work, instead picking up our daughter and leaving her alone. Obviously, I am very concerned about our daughter due to her cutting/anxiety. I always had our daughter when Dad was on-call or not around, but he refused to put it in a written agreement because he said the court would see it was not 50/50 and would order him to pay child support. I work from home full-time, have a home in our daughter's school district, and am available to parent at all times. Dad has been skipping our daughter's therapy appointments, and also continues to break the agreement of the Civil restraints and Child's Bill of Rights that we both signed (which I had to bring a seperate motion to address).
I realize there is a lot of stuff I can not prove, so I am trying to stick to what I can prove in order to facilitate a speedy resolution. I am worried sick about our daughter. I picked her up at school yesterday when she had a panic attack, and Dad immediately started texting me telling me it was "his time" and I should have called him. (He was at work 25 min away, I live down the street from the school.)
With the facts presented, do I have chance of being awarded my request?
Hi, I am worried about this upcoming hearing and would like input. My ex is a LEO. We have a 13 year old daughter. There is a documented history of increasing DV against me by the ex, including multiple episodes where our daughter was present. The ex stalked me, followed me, and came after me in front of our daughter multiple times, some witnessed by other adults. My ex is angry that I obtained a RO against him, so he filed a motion for visitation clarification and also is suing me for money and legal fees. We did settle with our lawyers into an Order of Civil Restraints, which I agreed to at his request so that he would not have criminal charges and lose his job.
My question is, how does the court view the facts? Ex never mentioned in his petition that he is living with a married woman, nor did he mention our daughter's increasing issues with depression, anxiety attacks, and cutting. Ex works rotating shifts including on-call, and works a side job where he is on-call 24 hours a day (which he did not disclose). He lives in his parent's house about 25 min away, and his parents are there 6 months of the year. He is asking the court to have EO week visitation. (The current wording in our divorce is vague as to custody, it only states that parenting time will be agreed upon between parties on a daily and weekly basis around rotating work schedules.)
I responded with a request for primary residential custody, with Dad having E/O weekend. I asked for this because Dad is denying me parenting time while he is at work, instead picking up our daughter and leaving her alone. Obviously, I am very concerned about our daughter due to her cutting/anxiety. I always had our daughter when Dad was on-call or not around, but he refused to put it in a written agreement because he said the court would see it was not 50/50 and would order him to pay child support. I work from home full-time, have a home in our daughter's school district, and am available to parent at all times. Dad has been skipping our daughter's therapy appointments, and also continues to break the agreement of the Civil restraints and Child's Bill of Rights that we both signed (which I had to bring a seperate motion to address).
I realize there is a lot of stuff I can not prove, so I am trying to stick to what I can prove in order to facilitate a speedy resolution. I am worried sick about our daughter. I picked her up at school yesterday when she had a panic attack, and Dad immediately started texting me telling me it was "his time" and I should have called him. (He was at work 25 min away, I live down the street from the school.)
With the facts presented, do I have chance of being awarded my request?
