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Should we go back to Court or wait some time?????? HELP

mndblwn's picture

BM is outrageous. She put us through hell to get the visitation she has now but because she got a full time job she wants us to cater to her instead of her sacrificing visitation. She threatens to take skid off her insurance which is ordered in the divorce decree if we don't drive half way to meet her for visitation pickup and dropoff. Then she picks of skid 5.5 hrs after she is supposed to on thursday to not get back home until 1am with him after she has worked all day and drove.

we have a life too and enough is enough. she bombards us a few days after her contempt of court threat has gone away. this will change again once she becomes more busy in her life as a lawyer if she passes the bar.

so my question is shall we take her back to court for full custody and lack of wanting to be a parent all the time with every aspect or continue to document and wait more time. its only been since april that this new visitation has been in order and she wants it all to change to benefit her and screw us.

PLEASE HELP

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stepmama2one's picture

No, you start going by the parenting plan. You have DH send her a letter telling her to go by the plan.. Tell her that if it doesnt state in the parenting plan that he is to drive halfway then its done, you will no longer be doing the EXTRA driving or changing your schedule. If she threatens to take a visit that is in the parenting plan that is contempt..If she threatens to take the kids off of her insurance tell her that it is also in contempt because the parenting plan states she is to have them on her insurance. If she wants to be a bitch about it tell her thats fine..tell her your DH will consult with an attorney and that if and when you go to court you plan on having your attorney fight to the judge about HER paying your attorney fees because if it wasnt for her going against the parenting plan then you wouldnt have to spend the money on a lawyer in the first place..Does your husband have custody or does BM?

Totalybogus's picture

AND.. if you file for contempt and it is meritorious, you usually will get a least half if not all of your legal expenses which is ordered to be paid by the person who did not follow the order

Rags's picture

Nope, don't go to court yet. You should however force her to stick to the CO to the letter. If the CO does not stipulate that you meet halfway, then only do it if and when it is convenient for you.

If she is 5hrs late for pickup then do not be there when she does arrive. Take the family to a movie and turn off your cell phones.

Eventually she will tire and fade away. If she does drop the insurance then nail her ass to the wall in court for contempt and force a custody decision. Even if you lose your attempt at full custody you also want as many other issues for the Judge to smack her with.

Document everthing she does to violate the CO. Keep a call log/conversation/BM activity journal. Record your phone calls (check legality in your state) and when she give you enough amunition then shoot for court.

All IMHO of course.

Jsmom's picture

Stick to the CO and do not waiver...That usually stops most of the BS...Also, a hell of a lot cheaper...