modification of divorce papers

[glp9986]

I have more than one question, but it is all about the same situation. We live in Mississipi. My husband and his ex will be going to court on the 15th of Dec. He is asking for a modification of his divorce papers. He wants his little girl every other friday from 6:00 pm until Sunday at 6:00 pm. Right now he has to take her home at 8:00 am sunday mornings. He works every saturday, so that limits the time he has with her. He pays his child support on time and takes care of anything she needs. Here are the questions: 1) His ex always sends a suitcase of clothes that are 2 sizes too small. We have sent letters and talked to her on the phone about this, and now we have decided to not return any too small items to her. His little girl has said that her mom has a seperate stack of clothes for Daddy's house that are ones she never wears at home or to school and that she doesn't like. If we refuse to return them, can that hurt him in court?
2) He calls his child every night, but rarely gets her on the phone. Our attorney has said to document every single thing. What good is the documentation and does a judge really give any weight to it?
3) His ex never informs him of any activities his daughter is involved in, as was ordered in their divorce. Clearly this is contempt of court. How do we prove it and how do we press charges? His ex slapped me on the arm once for not
saying thank you to her for handing me a pair of socks for the child. I wanted to press assault charges but he was afraid of how that may affect his child. Would it be in his favor for me to go ahead with the charges, even if it's been a month?

[Edited by glp9986 on 11-27-2000 at 08:54 AM]

 

[2ndWife]

Have had similar experiences. A judge told us that anything related to the children in a custody agreement can be modified. Either your husband or a lawyer needs to just go to court and file a motion to amend. Do not make the mistake I did and file the motions for your husband - I am now accused of "acting as an unauthorized lawyer" which apparently is illegal. Regarding the clothes - bite the bullet and buy a set for the child to wear when she's at your house. Have the child change into her old rags to go home. We had to do this. Regarding the phone messages - I've asked alawyer about this and he said it is perfectly reasonable to request that a second phone line be installed for the exclusive use of the child. Attach a phone w answering machine and request that it not be tampered with in any way (otherwise she may use it for her computer). You'll probably have to pay for the monthly line charge - do not agree to pay for the monthly phone usage. The ex will probably call time in Tokyo and leave the phone off the hook for 2 weeks. Ask for a copy of the bill to see that the line is being maintained. Also track your calls to the child and note when the messages are not returned. Ask her if she got them and note when she says no. Regarding the activities, you'll have to rely on the child telling you. Or else call her school monthly and ask for a calendar.