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Older Children Joint Custody and required Visitation

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ramiller315

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

My Fiancé is in a tough situation with her ex. She has a 17 year old daughter, a 16 year old son, and a 14 year old son. She has joint custody with her Ex Husband, but the children live with her Full Time. He pays 200.00/week in child support, but she has to pay all the rest of the bills. She did not get an attorney when they filed for divorce, she has showed me the divorce decree and it does not have anything in it about any visitation or living arrangements. It only has in it that they are to split all of the expenses.

The 16 year old has been in some trouble with the law, and has incurred numerous Attorney Fees, which my Fiancé has paid on her own in full with no help from her ex; she also has had to have him admitted to a clinic for depression and anxiety. She has also paid all of these expenses her self. It does say in their divorce decree that they are to share all expenses, and he is not paying for his half of all of these.

My first question is what is her recourse on all of that…Should she take him too small claims court to recoup his half of those expenses?

Next question is about visitation. All 3 of the kids want nothing to do with their father at this point because he is verbally abusive. The last time the 16 year old had to seek treatment is because of the bad relationship with his father. They even told the father not to come up to the clinic to see the son because of the trauma it would cause the son. The 14 year old does not want to go with his father for visitation because of the abusive way the father acts. The 17 year old feels the same way.

Now the father has retained an attorney and this attorney has sent a threatening letter to my Fiancé stating the neither her or the children can decide on when the father gets to have visitation. My Fiancé is beside herself because she does not know how she can make the children see their father when they do not want too! She feels that this is very detrimental to their mental stability. She has had her 16 year old son at many therapists and even admitte3d to a clinic for 7 days and they have all told her and her son that it is the dysfunctional relationship he has with his dad that is causing the problems. HE is now on various medications also to help with the problem. Also the children state that when they are with their father all he does is cut her down and asks them nothing but questions about what is going on in her life with me and everything else. He is basically manipulating the children to get information from them about her personal life. Of course the children resent this tremendously and there is no wonder they do not want to spend time with their father.

This is turning ugly real fast because the father seems to think he can force his children to see him when they obviously do not want to. They would if he would stop using them to get information about my Fiancé. Also he does nothing but cut their mother down when they are with him.

She is now going to seek the advice of an attorney on Thursday about going ahead and filing for Sole Custody and having the support amount adjusted because the situation is just not working. She has also informed him that if he comes onto the property she is going to have him arrested for trespassing. Even though she got the house and land in the Divorce, he still just comes up to the house and walks right in whenever he wants to and immediately starts a fight with her. Like I stated before it has become a very un atonable situation and something is going to have to change. I have stayed out of all of it because I have been through this before myself and I know that is exactly what I should do, but it is hard when you Love someone to sit back and watch them being verbally abused and using their children like pawns to get at her.

Is there anything you can tell me?What is the name of your state (only U.S. law)?
 


TheGeekess

Keeper of the Kraken
As custodial parent, it is Mom's responsibility to foster the relationship between the children and the non-custodial parent. If there is a court order for visitation, the CP must make the children available to the NCP. If the CP does not make the children available, the NCP can file for contempt. It happens enough, and the CP can become the NCP.

Children do not have a say if they get to violate a court order or not. Would a person in their right mind give them a choice about going to school or the doctor?
 

ramiller315

Junior Member
Well that is the problem after we looked at the Divorce decree it says only that Visitation is to be what is agreed upon.....Thats It! So what was agreed upon...No One knows and the divorce decree does not lay it out any more specific than that??????

Guess it is back to court:(
 

LdiJ

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

My Fiancé is in a tough situation with her ex. She has a 17 year old daughter, a 16 year old son, and a 14 year old son. She has joint custody with her Ex Husband, but the children live with her Full Time. He pays 200.00/week in child support, but she has to pay all the rest of the bills. She did not get an attorney when they filed for divorce, she has showed me the divorce decree and it does not have anything in it about any visitation or living arrangements. It only has in it that they are to split all of the expenses.

The 16 year old has been in some trouble with the law, and has incurred numerous Attorney Fees, which my Fiancé has paid on her own in full with no help from her ex; she also has had to have him admitted to a clinic for depression and anxiety. She has also paid all of these expenses her self. It does say in their divorce decree that they are to share all expenses, and he is not paying for his half of all of these.

My first question is what is her recourse on all of that…Should she take him too small claims court to recoup his half of those expenses?

Next question is about visitation. All 3 of the kids want nothing to do with their father at this point because he is verbally abusive. The last time the 16 year old had to seek treatment is because of the bad relationship with his father. They even told the father not to come up to the clinic to see the son because of the trauma it would cause the son. The 14 year old does not want to go with his father for visitation because of the abusive way the father acts. The 17 year old feels the same way.

Now the father has retained an attorney and this attorney has sent a threatening letter to my Fiancé stating the neither her or the children can decide on when the father gets to have visitation. My Fiancé is beside herself because she does not know how she can make the children see their father when they do not want too! She feels that this is very detrimental to their mental stability. She has had her 16 year old son at many therapists and even admitte3d to a clinic for 7 days and they have all told her and her son that it is the dysfunctional relationship he has with his dad that is causing the problems. HE is now on various medications also to help with the problem. Also the children state that when they are with their father all he does is cut her down and asks them nothing but questions about what is going on in her life with me and everything else. He is basically manipulating the children to get information from them about her personal life. Of course the children resent this tremendously and there is no wonder they do not want to spend time with their father.

This is turning ugly real fast because the father seems to think he can force his children to see him when they obviously do not want to. They would if he would stop using them to get information about my Fiancé. Also he does nothing but cut their mother down when they are with him.

She is now going to seek the advice of an attorney on Thursday about going ahead and filing for Sole Custody and having the support amount adjusted because the situation is just not working. She has also informed him that if he comes onto the property she is going to have him arrested for trespassing. Even though she got the house and land in the Divorce, he still just comes up to the house and walks right in whenever he wants to and immediately starts a fight with her. Like I stated before it has become a very un atonable situation and something is going to have to change. I have stayed out of all of it because I have been through this before myself and I know that is exactly what I should do, but it is hard when you Love someone to sit back and watch them being verbally abused and using their children like pawns to get at her.

Is there anything you can tell me?What is the name of your state (only U.S. law)?
I think it is wise that she is getting a consult with an attorney. Many Indiana judges allow older teenagers to make their own decisions regarding when and how often they visit their non-custodial parents. A local attorney would be in a better position to give your fiance answers regarding that.

Indiana judges also are not likely to buck the recommendations of mental health professionals either.

She also needs to talk to the attorney about getting him restrained from being on her property, and for being in contempt for not paying his share of the children's medical bills.
 

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