A Big Mess...

[elizabeth99]

Indiana.
Two problems. First off, NCP started trucking business, just him nobody else. Since he has started working as an owner/operator he has missed all but 3.5 payments. He is an additional $1700+ behind just since March of this year.
What can I do to ensure CS?

Next problem. He suddenly got married. I knew he was serious with someone b/c he was living with a girl. But, this is NOT who he married. They have been married 2.5 months and she is already 7 months pregnant. Problem, since Dad started running as an owner/operator he has been in for 4 out of 10 visits. And even those times someone is picking up child or he is NOT there when I get child at end of visit. Many times they lied and said he was coming in but ended up he didn't come in at all. They think that the new SM has the same rights that Dad does to his child. Now, before I go on, Dad complains to me about my husband saying that this isn't his child, he has no rights to this child, etc. (My husband meet my kids one day AFTER this father came into child's life. So, he is a BIG influence to my kids...we have been together for 5 years.) Then, to have them PUSH this SM in my face all the time is getting old already. She is emailing me (I did NOT give her my email). SHe emailed me before I even met her. I found out that they were married through a certified letter (didn't plan so child could be there. They married on a Wednesday even though that weekend was HIS visit with child)

We went to court to try to mediate somethings for visitation. Also, when dad married he moved to her place, an hour away. 100 mile round trip. During that time SHE was in there telling me how it is going to be. I don't think she should be doing this. Dad is the type that sleeps around (obviously) and don't look for this, his 2nd marriage, to last long either (first one lasted a little over a year but b/c of his sleeping around she left him)

Would she get any rights? Would the judge include her in these visits even if Dad didn't make it in? What could happen?

Thanks.

 

[deefran]

As I have already read in many of these posts the step-parent has no rights what-so-ever to the children from previous relationships, sorry but this also includes your husband. Document anything and everything the new step-mom is sending to you, if she is harassing you. I would definitely begin taking the steps to show that he is 1.-in contempt of his CS and 2. that he is not following the visitation schedule (document each time he misses a visitation also) If there's one thing I've seen from reading the many posts on here it's document document document...
No, I am not a lawyer....please seek the counsel of a professional, and Good Luck to you!

 

[dorenephilpot]

Deefran's advise was on target.

You can ask for a contempt hearing on the support issue.

And the Indiana Parenting Time Guidelines require that the two parents talk with each other, without the involvement of third parties.

Do you have a copy of those guidelines?

If not, I'd be happy to mail a set to you....

 

[elizabeth99]

Indiana Parenting Time Guidelines....

Yes, I do have a copy of those. I live in Wabash County.
Now, the General Order ordering those Parenting Time Guidelines in for our county state:

"However, as set out in the Indiana Parenting Time Guidelines, Scope of Application, Section 1, Commentary, existing orders using Guidelines other than the Parenting Time Guidelines shall continue in effect and the Parenting Time Guidelines do not alone constitute good cause for amendment of an existing order. In other words, parties operationg under a prior order shall continue to do so unless good cause exists to modify the order. Good cause is not shown merely by the adoption of the new guidelines."

To me and my attorney that means that that is NOT in effect for us since our last modification was Feb. 23, 2001 and it states that we shall follow the Wabash Circuit Courts Standard Schedule of Visitation. X and his attorney try to say that we are to follow the Indiana Parenting Time Guidelines now.

Now, they keep trying to say b/c of Dad's Job as a trucker (now an independent contractor) that child should be over at his place or whomever he chooses even if he can't be there. While I say no. If he can't be in then child is still my responsiblity and I should choose if I want to let her go, with who, etc.

Now, we feel that the Parenting Time Guidelines stresses throughout it the importance of PARENTS to a child. Not, step, grand, etc. PARENTS. Am I right on this? There is a section about mantaining a relationship with those step, grand, etc, as long as it does NOT interfere with the parent's primary relationship. (This father has been in for 3 out of the 8 visits possible to exercise since he started as an independent contractor).

I want my attorney to fight for my rights as a Parent. Not one that will cower down and try to "settle" to their terms.
I offered 4 different situations on visitations. They said NO to all of them. They want it there way or no way.

And I can't seem to get his new-wife to butt out. She emails me about the visits, transportation, etc. She had called my old employer to find out if I worked there. While I was employed there at that time.

What can I do? What should I do?

 

[dorenephilpot]

Ask the court to set a contempt hearing.

Then give the judge a golden opportunity to order your ex to follow the guidelines, for Ms. Nosy to butt out and for him to pay your attorney fees.

How's that?