modify custody or enforce?

[chronicle]

What is the name of your state (only U.S. law)? GA

If the other parent (50/50 custody) is consistently noncompliant with custody order (not getting children to school on time, failing to meet any/all financial responsibility, badmouthing me to the children- I'm the Mom, refusing to answer telephone/email about children, etc) should I seek to have the order enforced, or should I seek to modify it in the interest of finding a better solution?

 

[Gracie3787]

What is the name of your state (only U.S. law)? GA

If the other parent (50/50 custody) is consistently noncompliant with custody order (not getting children to school on time, failing to meet any/all financial responsibility, badmouthing me to the children- I'm the Mom, refusing to answer telephone/email about children, etc) should I seek to have the order enforced, or should I seek to modify it in the interest of finding a better solution?

How old is the order?

How long have the problems been going on?

What type of documentation do you have to bring to court?

 

[chronicle]

The order is a year old; the problems have been going on since the day it was put in place; the evidence I have would be my word and some documentation. I have kept meticulous records detailing custody schedule problems (not taking children when supposed to; taking them when not supposed to, tardiness for school mornings, etc.) and I have receipts for all the bills (medical, dental, child care) that I have had to pay solo. (The order states he pays half).

I have not fought this sooner because I was trying to keep it from being a battle- kids don't need to see that. But it's gotten to be too expensive not to do something.

 

[chronicle]

And the badmouthing me comes from kids mouths, and from a long line of emails and internet postings about me.

 

[Gracie3787]

File to enforce the existing order. Then, later you can file for a modification.

 

[chronicle]

New question: Ex and I have made a change in the custody schedule (it is still 50/50 but deviates from the days specified in the custody order) We did this because it is better for the kids.

Because we have changed this without signing anything o filing a motion for modification, can I still ask a court to enforce the order with regard to financial matters (child support)? Will I lose ground due to the fact that we have changed the schedule on our own?

Thank you.

 

[LdiJ]

New question: Ex and I have made a change in the custody schedule (it is still 50/50 but deviates from the days specified in the custody order) We did this because it is better for the kids.

Because we have changed this without signing anything o filing a motion for modification, can I still ask a court to enforce the order with regard to financial matters (child support)? Will I lose ground due to the fact that we have changed the schedule on our own?

Thank you.

It depends. If the scheduling changes you have made would effect how the financial matters were calculated, then yes, you could lose some ground there.

If they were not, then it wouldn't matter. Since you stated that its still 50/50, it probably wouldn't matter.