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Increased visitation time

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LdiJ

Senior Member
mommyto 2 said:
Okay, I think I am following, there is a possibility of change of visitation time but he has to prove a change of circumstances and age of the children may be enough change. I do have a lawyer, who will be back on Wednesday. He has a lawyer who specializes in tax and real estate law. I think that helps. Will the fact that he has bullied me, which is shown in hundreds of emails help? Will the children be brought into this mess? Will the fact that my son has a disability that makes change extremely difficult for him matter? Will the fact that the stepmother has become a key player in harassing me be a factor? Will the fact that he also mentioned the possible reducation in child support in his motion play a part in this? I am sorry to make this sound so complex, but I am a mess, I am so worrried. There are things that go on when the children are in his care that has me very concerned. I know I can't dictate what goes on in his house, but I do not want my children with him more than they have to be. My children have also stated that they hate going over there because they never know how he will behave (I am paraphrasing). And after they are there he then writes me page long emails about what a rotten mother I am. He is obsessive with me and I am tired of being his focus. I just want him to move on, enjoy the time he has with the children and leave me alone to do the same.
All of those things will factor in. Some to a minimal extent, some to a much greater extent. Dad was dumber than rocks to include the issue of child support in his initial petition. That will tend to make the judge believe that its all about money.

It does sound to me like a GAL (guardian ad litem, a court appointed professional that investigates the children's best interest) might be in order here.
 


mommyto 2

Member
Thanks for all of the responses. He is now asking for a 50/50 split. is this not considered a change in custody, not only visitation? If so, does this truely require a significant change in circumstances (ie. I started smoking crack at dinner with my pals from the rehab center, that is suppose to be a joke)? We most likely will be asking for a GAL. I do feel at this pointthe children need to be heard and protected and it needs to be looked at from someone who is unbiased.
 

mommyto 2

Member
I am seeing if anyone can tell me if a change of visitation to a 50/50 splite in the week is actually a change of custody and more difficult to get in court? Any input would be greatly appreciated.
 

LdiJ

Senior Member
mommyto 2 said:
I am seeing if anyone can tell me if a change of visitation to a 50/50 splite in the week is actually a change of custody and more difficult to get in court? Any input would be greatly appreciated.
Yes, it would be a change in custody.
 

mommyto 2

Member
I do not mean to sound dumb, but if it is a change of custody is it not up to my ex to prove a significant change of circumstance? What would those changes have to be?
 

LdiJ

Senior Member
mommyto 2 said:
I do not mean to sound dumb, but if it is a change of custody is it not up to my ex to prove a significant change of circumstance? What would those changes have to be?
That is too broad to describe....it would have to be a significant change in the child's life.
 

mommyto 2

Member
Thanks for your help and input. I have not changed anything, not brought in men to their lives, taken up drugs, become and alcoholic, moved, or ever hurt my children. I have always taken care of their medical needs and educational needs. I have never prevented their father from being a part of their lives and have never made educational or medical decissions without him being involved.
My ex is very mean and hateful, I can only guess this is an attempt by him and his new wife to get the children from me because that will hurt me the most. I am so sick over this. Thanks again for the help.
 

Ohiogal

Queen Bee
LdiJ said:
Yes, it would be a change in custody.
Ldij wrong. It may NOT be a change of custody. How are the orders written now -- do you both have joint custody legal and physical? 50/50 refers to TIME not the custody types.
 

mommyto 2

Member
Currently the order is joint custody with me being parent primary residence. He has the children overnight Wednesday and overnight on Friday, he currently drops the children off at school. He is asking the he now have 50/50 time with all decissions being his on his time and me making all decissions on my time. I am not sure how this possible.
 

LdiJ

Senior Member
Ohiogal said:
Ldij wrong. It may NOT be a change of custody. How are the orders written now -- do you both have joint custody legal and physical? 50/50 refers to TIME not the custody types.
I think perhaps that your statement should have been LdiJ MAY be wrong. However, I have never seen that be treated as anything other than a change in custody in court.
 

momofrose

Senior Member
mommyto 2 said:
Thanks for all of the responses. He is now asking for a 50/50 split. is this not considered a change in custody, not only visitation? If so, does this truely require a significant change in circumstances (ie. I started smoking crack at dinner with my pals from the rehab center, that is suppose to be a joke)? We most likely will be asking for a GAL. I do feel at this pointthe children need to be heard and protected and it needs to be looked at from someone who is unbiased.
If I could just add my 2 cents - in my experiuence, the fact that it has been 6 years is enough of a "change in circumstance" to go for a change in the custody agreement.

As far as it being looked at from someone who is unbiased..I am sure the court wilk order mediation...the mediator will hear both side, together and alone, and will then give you their recommendations.

D
 

GrowUp!

Senior Member
LdiJ said:
I think perhaps that your statement should have been LdiJ MAY be wrong. However, I have never seen that be treated as anything other than a change in custody in court.
Umm...are you a lawyer? :rolleyes:
 

rmet4nzkx

Senior Member
We have discussed your Ex's mental health disability in PM's, I am saying this so other's will not wonder where I am getting this. Your Ex's perception of reality, his health and environment e.g. "heart" and IBS problems, his obsessive and hyperverbal behaviors are typical for his disorder in adults, as well as his difficulities cooping with your son's diagnosis. As persons with this disorder age, their inappropriate behaviors often become worse and they also hook up with others to colobrate or mentor them in order to function. They can be very compelling and manipulative when presenting their side of the story and therefore may manipulate others to fight their defense because they cannot themselves, therefore either his new wife also may actually believe what he is saying and honestly believe that her involvement with the children is in their best interest, or she may have her own mental health issues. Proving any of this in court or even to a GAL may be difficult at best expecially if his diagnosis is not clear because there is little research into how adults progress with this disorder so it becomes your word against his word, dispite the evidence of his compulsion, he will have a compelling reason for his harassing Emails. A GAL is your best bet especialy since your son is disabled and you may be more effective pointing out that your son needs consistancey, routine and structure to effectively function, that means the same set of rules in both households because your son learns by rote and once learned will continue to do the same behavior right or wrong if that is the issue. What your Ex is proposing would undermine your son's treatment and development in addition to what he is doing to your daughter, that will be something both the GAL and the judge will be able to comprehend more so than the clinical implications of your Ex's disorder and his odd or eccentric and inappropriate behaviors, not that the evidence will not be important, but it is more important to focus on the best interest of both your children than degrading the other parent, let his efforts in that regard speak for themselves, the judge will only have to read a few of the stack of Emails to get the idea.
 

mommyto 2

Member
Thank you rmet for responding. I can't even begin to tell you what a mess I am, I am so worried. My ex is not stable, and what he could potentially do to the children absolutely devastates me. I have worked so hard with my son, and his success is due to my ongoing support of him. And, my daughter, what they will do to her, I can't even go there. Once again I truely believe, that this is not about the kids but as a way to get to me. I really just want to be left alone. My lawyer comes back on Wednesday, and I will run your suggestions past her.
 

rmet4nzkx

Senior Member
mommyto 2 said:
Thank you rmet for responding. I can't even begin to tell you what a mess I am, I am so worried. My ex is not stable, and what he could potentially do to the children absolutely devastates me. I have worked so hard with my son, and his success is due to my ongoing support of him. And, my daughter, what they will do to her, I can't even go there. Once again I truely believe, that this is not about the kids but as a way to get to me. I really just want to be left alone. My lawyer comes back on Wednesday, and I will run your suggestions past her.
The problem there is no logic to his logic or his preceptions making a fight difficult. Your mantra should be "best needs of the children..." Also get therapist reccomendations for your son reenforcing the need to provide consistancy, structure and support.
 

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