Update - kind of - and a couple of more questions
This isn't actually true.
According to you, the order allows Dad very limited time w/the child. You've chosen to offer/allow more time than the order specifies and normally that's great. But your "legal recourse" in this case is to follow the order to the letter.
You're completely right, and I didn't mean to ignore that. Thank you all so much for the feedback and advice - I genuinely appreciate it from the bottom of my heart. This is a very stressful situation, and not one I ever anticipated dealing with because Dad was so voluntarily absent from the picture previous to step mom. I most definitely plan on following the plan from this point on. I was definitely ignorant regarding the law and my rights (and step mom's lack thereof) before coming here, but I've been reading like crazy!
I've allowed myself to be bullied by her. No more.
We were legally divorced in 2001 and entered into what I assume is/was the average parenting plan. Dad chose to exercise his visitation very rarely and moved from state to state constantly (without ever giving notification). In 2005 when I moved from WV I had the parenting plan modified, he had no problem with it and didn't bother going to the hearing so it was changed to Christmas eve from 9am to 9pm and 1 week in Summer because that was all he had ever exercised anyway, if even that. I am wondering if because we have been in OH for going on 5 years and Dad had already moved out of state before me, can we have any future modifications handled through the courts here in OH (franklin county)? Dad moved back to the original jurisdiction some time in 2006, so he is living there now, but did not live there when I moved. I was always under the impression that anytime something needed changed I would have to go back there to do it. That is a huge pain in the rear.
Also, the divorce papers say "On July 19, 2001, the parties were divorced by Order of this Court wherein the Petitioner's home was designated the residential home of the child, [Child's name], and the Respondent was granted parenting time and ordered to pay child support. . . . ." I am under the impression that this means that we share Joint legal custody, but I am the 'custodial parent'. Is this correct?
I also have some questions after reading other people's posts here regarding school information and such. I have never relayed this info to Dad except for school picture information. Dad has never asked for it either. I haven't intentionally kept anything from him. Child tells dad about his gifted program and extras whenever he actually speaks to him, but that's about it. Because he was absent for so long it's not something I ever even thought of. Am I the one that needs to provide this information to Dad or is this something he needs to request on his own?
Thanks for all of the helpful replies.
[Edit: I also meant to ask about the demeaning comments and 'grooming', if you will, against me to the child. The original parenting plan specifically says, "Each parent shall promote a healthy, beneficial relationship between the children and the other parent and will not demean or speak or act out negatively in any manner that would damage the natural flow of love and caring between either parent and our children." I assume (maybe I shouldn't) that this is a standard addition for most agreements. With all of the crap said to child by them about me can I take this to court and
officially have it ordered that it stop? Is it contempt to go against those sort of things? Is that original agreement even still valid after the modification? I'm thinking it is, just the actual time with child was modified? It's not that I want a court battle or to cause problems; I just want that BS stopped
yesterday, and I've asked Dad before.]