• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Ex filing to change visitation after 2 hearings did not go in his favor

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Status
Not open for further replies.
What is the name of your state (only U.S. law)? DE

My ex abused our daughter in August of last year. He was ordered supervised visitation at an emergency hearing at that time. He never set this up and refused to go. In January we went back to sit before a judge for a final visitation hearing. It was then ordered that he attend therpeutic visitation only with a pyschologist (an MD) my daughter had been evaulated by. Actually, he agreed to this arrangement and we setteled without the judge having to order it. He agreed to any recommendations by the pyschologist. I signed this document in January it was then to go to his lawyer for him to sign and then to the judge to sign.

I saw him yesterday at at child suport mediation and find out that he has now filed a petition to change visitation. He kept saying "custody" but Im 99% sure he meant visitation. If he is filing for custody that should be even more amusing. He isn't using the lawyer he used for the past two court cases, he is representing himself. I really can't wait for the spectical.

I am wondering if the court will even schedule this or will just deny his petition. When we were before the judge in January, my Ex had said he agreed to the arrangement but wanted the right to a second opinion (regarding the pyschologist). And the judge, very sternly, told him that was NOT what he was agreeing to. And my Ex said he agreed.

I havent heard anything since regarding this agreement I signed in January. I called the paralegal this morning who said she will forward this document to the court without my Ex's signature since he has refused to sign it. This will look really bad on him since he sat before a judge and verbally agreed to it in court. The judge will sign it without his signature.

What can the court possibly order? He is down to the bare minimum of visitation as it is. Does he expect them to reinstate the standard visitation order? He claims that I have brainwashed my daughter and then paid "some guy off to say whatever I wanted him to say in court". This particular pyschologist is highly respected in the DE court system. What he says is holy. The courts will never order a visitation arrangement against his professional opinion. My Ex doesn't like that our daughter was diagnosed with PTSD after this incident of abuse.

He insists that because DFS didn't substantiate the abuse that it didn't happen. I have HUGE problems with DFS because they substantiated another incident of abuse in 2006 and he was placed on the child abuse registry for 3 years. Something is really wrong with that system.

The pyschologist we are going to does not accept insurance. He charges $250/hr for therapetic visitation and my Ex doesn't even know yet the pyschologist was going to recommend him for pyschological evaluation. My Ex said yesterday at the child support mediation that the pyschologist charges $525/hr and that's why he's filed a petition for visitation- and also for the reason of me "brainwashing our daughter" and "paying some guy off to say what I wanted in court". All that and with him being his own lawyer- I cant wait! :) As a side note, at the emergency visitation hearing in September, my Ex wanted to speak on the stand and get in his two cents (basically to slander me) and the commissioner told him that anything he says will be used against him. So he decided not to speak. So from the man who was too afraid to say anything on the witness stand is now his own lawyer. I love it!

If you've hung in with me for this long- thanks :) My question is- what will the courts order as far as him asking visitation? Will they just reinforce the January order of therapeutic visitation? Will he have any case as far as not being able to afford it? Although its NOT $525/hr as he is saying, it is still quiet expensive. I believe that if he had let it go to trial in January, instead of settling, that issue may have been brought up at that time. It all seems like too little too late. He has chosen NOT to see our daughter since August of last year. He was too proud to go to the visitation center and he is too stubborn to do the therapeutic visitation. That alone cannot look good in his favor. He sat before the judge and verbally agreed to that arrangement and now changes his mind? Again, just wondering if the expensive sessions will play any sort of role whatsoever.

Thank you so much!!

PS- If you're curious about the child support- he filed to have it decreased in December of last year due to a job change. It was decreased by $200/mo and we were to return for a reassess in 3 months. He has since gotten a good job again is making more than he was before. They calculated for him to pay just a bit more than he was paying before the December decrease. He didnt agree and it is going to court in June. I asked him why he was surprised it was more when he's earning more. He is so clueless it astounds me. :rolleyes:
 


Ohiogal

Queen Bee
He will most likely get a hearing. File an answer to his motion when you get it. Also, they may do something regarding the cost -- is the psychologist covered by insurance?
 
Thank you Ohiogal. What do you mean, "they may do something about the cost"?

It is NOT covered under insurance, even if it was- this particular MD doesn't accept any insurance. Thats the issue with me Ex- he doesn't want to go to an MD that doesn't accept insurance but he agreed to him in January.

:confused:
 

Ohiogal

Queen Bee
Thank you Ohiogal. What do you mean, "they may do something about the cost"?

It is NOT covered under insurance, even if it was- this particular MD doesn't accept any insurance. Thats the issue with me Ex- he doesn't want to go to an MD that doesn't accept insurance but he agreed to him in January.

:confused:
Well they may credit the cost against his child support or make you pay a portion of the cost or force a change in doctors to one that does take his insurance. The court will not necessarily allow dad to be priced out of a relationship with his child.
 
Well they may credit the cost against his child support or make you pay a portion of the cost or force a change in doctors to one that does take his insurance. The court will not necessarily allow dad to be priced out of a relationship with his child.
This makes sense. I do not think that I should be forced to pay for her to attend therapeutic visits because he ruined the relationship he did have with her for abusing her. It doesn't seem quite fair, but I realize life's not fair either!

I will ask for another Ph.D level pyschologist, doing research before the trial of who takes his/her insurance so I am not leaving any options open for my Ex.
 
Status
Not open for further replies.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top