trouble with ex on visitation

[hoping76]

What is the name of your state (only U.S. law)? Ohio

I am awaiting a call from my attorney yes. I know I need one. I was just curious if I am crazy or not.

I have a child custody agreement which reads...."the parties agree that (my ex) be named the residential parent and legal custodian of the minor child with companionship time on the part of (me) as agreed or at minimum of schedule A, attached."

The first time I went to my lawyer about this he did state we should be following schedule A unless we agreed to my visitation days. So far we are agreeing. Then he stated I do get my son for the summer break. Here is the problem. My ex now says there is no way I am. The papers mean joint custody and he will just go change them to whatever he wants.

He said you will NOT get him!

I was also just trying to find out when exactly he has him because it has been a problem that minor child stays with my parents mostly. The first time I asked him he stated he only gets him one night a week because he works third shift and he does not want his father to watch him and his father does not want minor child around. The next day he stated that he just lied about that and he gets him tues, wed and friday nights. I told him look, which is it? Where is my son tonight? He refused to tell me. Hours and hours went by and I had no idea where my son was. I finally called him when I got home from work to see if I could speak to my son and sure enough, he had him.

I am speaking to my lawyer about this. Just wanted your take on it and any more advice you could give.

 

[LdiJ]

What is the name of your state (only U.S. law)? Ohio

I am awaiting a call from my attorney yes. I know I need one. I was just curious if I am crazy or not.

I have a child custody agreement which reads...."the parties agree that (my ex) be named the residential parent and legal custodian of the minor child with companionship time on the part of (me) as agreed or at minimum of schedule A, attached."

The first time I went to my lawyer about this he did state we should be following schedule A unless we agreed to my visitation days. So far we are agreeing. Then he stated I do get my son for the summer break. Here is the problem. My ex now says there is no way I am. The papers mean joint custody and he will just go change them to whatever he wants.

He said you will NOT get him!

I was also just trying to find out when exactly he has him because it has been a problem that minor child stays with my parents mostly. The first time I asked him he stated he only gets him one night a week because he works third shift and he does not want his father to watch him and his father does not want minor child around. The next day he stated that he just lied about that and he gets him tues, wed and friday nights. I told him look, which is it? Where is my son tonight? He refused to tell me. Hours and hours went by and I had no idea where my son was. I finally called him when I got home from work to see if I could speak to my son and sure enough, he had him.

I am speaking to my lawyer about this. Just wanted your take on it and any more advice you could give.

So how often do you have the child? Why don't you ask your parents how often they have the child?

 

[Silverplum]

So how often do you have the child? Why don't you ask your parents how often they have the child?

Because we're not getting the whole story.

For instance, there's this:
https://forum.freeadvice.com/other-crimes-federal-state-4/no-contact-order-509082.html#post2515338

 

[hoping76]

I get my son Thursday night at 9pm til Friday around 6pm. Also sunday night at 7 pm til Tuesday at noon.

I did ask my mother today when my ex actually picks him up. She simply said you get him enough. All you need to know is if he isn't with (insert ex's name) he's here. I said really. I am just concerned because I never know where my son is. She still said well, you don't need to know.

 

[Banned_Princess]

I get my son Thursday night at 9pm til Friday around 6pm. Also sunday night at 7 pm til Tuesday at noon.

I did ask my mother today when my ex actually picks him up. She simply said you get him enough. All you need to know is if he isn't with (insert ex's name) he's here. I said really. I am just concerned because I never know where my son is. She still said well, you don't need to know.

Well you dont need to know. Is it court ordered that you MUST know where the kid is at ALL TIMES when hes not with you? No? then you dont need to know.

If your own mom is being so well, cold, about it, there is a reason, and im going to read it in your previous thread right now.

 

[LdiJ]

Well you dont need to know. Is it court ordered that you MUST know where the kid is at ALL TIMES when hes not with you? No? then you dont need to know.

If your own mom is being so well, cold, about it, there is a reason, and im going to read it in your previous thread right now.

That's not necessarily true. If the child is supposed to be living primarily with dad, but the child is living primarily with grandparents, then that is a change in circumstance that would allow mom to file to modify custody.

You are being a bit sexist to assume that because mom doesn't have primary custody that there is some sort of problem with mom. While its possible that the fact that the child is primarily living with mom's parents could indicate a problem with mom, its equally possible that it indicates overly attached grandparents who conspired with dad.

 

[hoping76]

My child calls my mom mom sometimes. My mom has let it slip and said my child is her baby. She has said she cannot live without my child. I think the problem is that she had lost a baby, a son, before and now here is her grandson. She says they have more money than I do, they buy more thing. I believe she is taking my ex's side because he appears to allow her to have him all the time. My attorney did state that if my son is spending his time with them not my ex it would be a change of circumstance therefore the custody can be amended.

I work full time. Have my own home. Worked same job for 15 years. My parents were and still are emotionally abusive towards me. Pretty much if I did not live the life they wanted I was an evil person. I am remarried now and they do not like my husband (who works by the way and is wonderful. However the last time my father threatened to come after me my husband stood up to him) so they do not like him. That has nothing to do with custody since they have no legal say but somehow they and my ex are making it an issue.

Yes, still waiting on my attorney to call.

 

[AkersTile]

Ok I read both threads and now I'm even more confused

Is this right:
Dad is CP
Mom is NCP
Dad works so kiddo is with Mom's parents if Dad is working

I'm not understanding what the problem is here? Although I guess it could just be me... dang pain pills

 

[hoping76]

According to my ex yes that is true. On days/nights when he works he claims they have my child. However, I have discovered they always have him. Many different stories...even from his family members say oh, (ex's name) never has your son. I work with my parents neighbor and she also says he does not take him, just visits over at their house.

The problem occurs when my son calls his grandma mom. And when my ex says he is not giving me my summer visitation. So I posted on here to say hey when it says he has physical and legal guardianship does that mean he has sole custody.....that is my question.

 

[hoping76]

Yes I understand if he does have sole custody he can have whooever watch my son. I would like to know who...shame on me....cuz I do worry. I have been told it is my parents if not him but I have been told other stories also. I do not know the truth. I have been told they always have him, I have been told he always has him. That is why my lawyer said to find out. Because if they do always have him it's a change in circumstance and I can get the custody changed.

That is why I posted here to find out if it says he has physical custody and legal guardianship...does that mean he has all the custody.

 

[Ohiogal]

Yes I understand if he does have sole custody he can have whooever watch my son. I would like to know who...shame on me....cuz I do worry. I have been told it is my parents if not him but I have been told other stories also. I do not know the truth. I have been told they always have him, I have been told he always has him. That is why my lawyer said to find out. Because if they do always have him it's a change in circumstance and I can get the custody changed.

That is why I posted here to find out if it says he has physical custody and legal guardianship...does that mean he has all the custody.

HE has custody. You have visitation per schedule A which is per the COUNTY's visitation schedule.

the parties agree that (my ex) be named the residential parent and legal custodian of the minor child with companionship time on the part of (me) as agreed or at minimum of schedule A, attached."

HE has custody both legal and physical. YOU have companionship but NO custody. YOU agreed to that. If there is a SUBSTANTIAL change in circumstance in the life of the child that gives you standing to get a modification of custody -- basically opens the door. However the court will still rule on the child's best interests.