Tennessee
I (M49) and taking my daughter's (11) mother (F49) to court for child neglect. I have a mountain of evidence, and i did not take this decision lightly.
We did a custody schedule when daughter was 2, so while we have joint legal and physical custody, my ex (never married) had more days(on paper) as i didn't want to keep my then 2 year old away from her mom for half of the time.
Over the years, i often had my daughter 80% of the time, my ex had depression and was in bed a lot. 4 and a half years ago, my ex approached me for us to informally change the days, and she presented a schedule that was exactly 50 50. We changed to this schedule, but up until 2 years ago, my daughter still spent more time than the schedule allowed. 2 year ago, i came across some evidence that alarmed me about my ex, i confronted her. Since that time, she has stuck strictly to the schedule, the new informal one that she had suggested 2 years prior.
Over the last 2 years, i have tried to give my ex the benefit of the doubt, but she keeps blowing it, so i am currently taking her to court for child neglect. She was served 2 weeks ago, court case is in 8 weeks.
Yesterday, she emailed me, i assume at the direction of her lawyer saying that as we never formally changed the schedule, she is insisting on the original schedule we set 9 years ago. So, i am taking my ex to court for child neglect, and because i am trying to do the right thing for my daughter, i then have her less until its legally changed, and she is with her mom who again, i am talking to court for neglect.
I say a precedent has been set by the fact that we followed the informal schedule for years, but my lawyer says i have to roll over and do it.
Has anyone had a similar issue? My thought is to say no and stick with the schedule, that i can prove was changed by us 4 to 5 years ago. My daughter goes to a private school, on the days my ex has her, she has to stay in an after-school program which i pay for until ex gets off work. That schedule alone corresponds to our informal custody schedule as i work from home and pick up my daughter when its my turn as school is out
Any advice? I don't want to have the wrath of the judge, but i feel the precedent was set by my ex who suggested the change.
I (M49) and taking my daughter's (11) mother (F49) to court for child neglect. I have a mountain of evidence, and i did not take this decision lightly.
We did a custody schedule when daughter was 2, so while we have joint legal and physical custody, my ex (never married) had more days(on paper) as i didn't want to keep my then 2 year old away from her mom for half of the time.
Over the years, i often had my daughter 80% of the time, my ex had depression and was in bed a lot. 4 and a half years ago, my ex approached me for us to informally change the days, and she presented a schedule that was exactly 50 50. We changed to this schedule, but up until 2 years ago, my daughter still spent more time than the schedule allowed. 2 year ago, i came across some evidence that alarmed me about my ex, i confronted her. Since that time, she has stuck strictly to the schedule, the new informal one that she had suggested 2 years prior.
Over the last 2 years, i have tried to give my ex the benefit of the doubt, but she keeps blowing it, so i am currently taking her to court for child neglect. She was served 2 weeks ago, court case is in 8 weeks.
Yesterday, she emailed me, i assume at the direction of her lawyer saying that as we never formally changed the schedule, she is insisting on the original schedule we set 9 years ago. So, i am taking my ex to court for child neglect, and because i am trying to do the right thing for my daughter, i then have her less until its legally changed, and she is with her mom who again, i am talking to court for neglect.
I say a precedent has been set by the fact that we followed the informal schedule for years, but my lawyer says i have to roll over and do it.
Has anyone had a similar issue? My thought is to say no and stick with the schedule, that i can prove was changed by us 4 to 5 years ago. My daughter goes to a private school, on the days my ex has her, she has to stay in an after-school program which i pay for until ex gets off work. That schedule alone corresponds to our informal custody schedule as i work from home and pick up my daughter when its my turn as school is out
Any advice? I don't want to have the wrath of the judge, but i feel the precedent was set by my ex who suggested the change.
