Ex-Wife Changing dates of visitation (on parenting plan) despite objections

[New World Man]

(TN) My ex-wife is altering the dates I can get my kids for visitation to accommodate her new husbands own visitation schedule with his own kids. I have been very clear in e-mail (documenting everything I can) that I object. She is making this difficult at every visitation and now with holidays. We live 3 hours apart.
Does anyone have a similar experience and can you tell me what my options might be? If going to court is the only real solution, what should I state in my petition and what should I take with me to be prepared? Would mediation be better?

 

[TinkerBelleLuvr]

Minus names, what does the court order say is the parenting plan for winter break?

 

[Neal1421]

Do you currently have a visitation order that states when you are to have your children?

 

[LdiJ]

(TN) My ex-wife is altering the dates I can get my kids for visitation to accommodate her new husbands own visitation schedule with his own kids. I have been very clear in e-mail (documenting everything I can) that I object. She is making this difficult at every visitation and now with holidays. We live 3 hours apart.
Does anyone have a similar experience and can you tell me what my options might be? If going to court is the only real solution, what should I state in my petition and what should I take with me to be prepared? Would mediation be better?

Is she trying to give you less time, or just different time? Courts are sometimes sympathetic to the need to coordinate visitation times for multiple children if it doesn't result in less time.

 

[single317dad]

This all assumes you have a court order from a judge.

You should try to compromise with your ex when possible. When compromise is not possible, tell her 'no' and state that you will be there to pick up the children at the specified time. If she does not produce them at that time, you document your presence at the pickup time and location, and you go to court and ask the judge to enforce the order.

http://circuitclerk.nashville.gov/sessions/forms/formses_showcause.pdf

 

[stealth2]

Is this really a hill to die on? Is she trying to keep it so all the kids are there together, or on alternating weeks? Do your kids enjoy spending time with his? How does this affect things, really? Are the last-minute changes, or can you just shift your schedule (unless there are we/e's when you have firm, unchangeable plans...

 

[dad4457]

If it were in PA and you had a court ordered custody agreement, I would file a contempt of custody order - Its pretty simple to agrue that, shes not following the court ordered agreement. If she chooses to still not follow the order, I would file a Special Relief order... that will get her attention to follow the order

not sure how you state laws are though but thats how it works here.

 

[Silverplum]

If it were in PA and you had a court ordered custody agreement...

not sure how you state laws are though but thats how it works here.

Please don't muddle up someone else's thread with non-state-specific stuff.

 

[dad4457]

Im not, I'm trying to give the guy an answer he can use.

 

[Silverplum]

Im not, I'm trying to give the guy an answer he can use.

You're illogical.



Senior members already answered the question correctly.

 

[stealth2]

If it were in PA and you had a court ordered custody agreement, I would file a contempt of custody order - Its pretty simple to agrue that, shes not following the court ordered agreement. If she chooses to still not follow the order, I would file a Special Relief order... that will get her attention to follow the order

not sure how you state laws are though but thats how it works here.

Huh... SOME of us believe it is best - FOR THE CHILDREN involved - if the parents can try to come to an agreement first, before resorting to more acrimonious measures.

 

[Zigner]

Im not, I'm trying to give the guy an answer he can use.

He could only use your answer if everyone involved up and moved to PA

 

[dad4457]

I just checked, looks like the contempt petition is the same as PA. You can go to your counties web site and find the contempt petition.

 

[stealth2]

I just checked, looks like the contempt petition is the same as PA. You can go to your counties web site and find the contempt petition.

Or... you could try to work with your kids' mom. Something "dad" above seems to feel is worthless...

 

[dad4457]

People aren't stupid. I'm sure hes thought of that and probably has tried to do that many times. Communication & mediation arent new concepts, its always best way to go but when the other party will not communicate or cooperate, you have to take action. When people come to a site like this, they don't want to be asked the 100% complete obvious questions nor do they want to lay out their entire life's story to be picked apart. Its a legal forum, I'm sure most are here to get legal input. The guy asked a pretty basic question so I'm giving a basic answer. Might not be the right one for him but hes an adult and can decide whats best for his situation.

New World, sorry for the side track of your thread