Harmony163
New Member
- Jurisdiction
- Maine
Hi all, this is my first forum post!
I reside in Maine and my ex-husband has filed a motion to modify our child current custody court order. He currently has my son every Wednesday night and every other Friday and Saturday night, and we communicate to establish a schedule for holidays.
He has been living with his current girlfriend for approximately one year, and this past summer she wanted all communication to go through her. She wants me to have zero contact with my ex-husband. She also wanted me to go out for coffee with them on occasion to establish a friendly co-parenting situation. I had an excellent co-parenting situation with my husband before this woman entered her life, and worked well with previous girlfriends of his, and respectfully declined her wishes. She has been very controlling and I often feel as though I am talking to her via text and not the father of my son.
My son will be 7 in August and is a very bright boy who excels in school and karate. He is very well behaved and mature beyond his years. If my son wanted to spend more time with his father and his girlfriend, then it wouldn't take a court order for me to allow that. I have always wanted the best for him, and always will. When I was served with the motion to modify by the police (I have a lawyer but apparently his lawyer made a filing mistake, unfortunately at the cost of seriously startling my child) I had a talk with my son. I told him that I love him and want him to be happy and that if he wanted to spend more nights with his father then I truly want that for him.
My son is very decisive for his age and expressed adamantly that he loves his life and wishes for no changes to his schedule. That is the reason that I had my lawyer decline my ex-husband's request. I truly feel that there is no significant change that warrants this motion to modify and that his girlfriend is truly trying to gain power over me. I feel defeated because of the inevitable thousands of dollars that will be spent on attorney fees that could have gone towards my child's first car. I have many questions, but my first is whether or not this is even warranted?
The significant changes since the last court order (which was ~5 years ago) that he listed on the motion to modify were that:
One: the child is now in school. But I'm not sure how that pertains to my son thriving under the motion to modify guidelines. He is already a gifted and talented student and I have worked with him extensively with reading and math. During the one school night a week he is with his father he doesn't always review his spelling words.
Two: his employment situation has changed. My ex-husband has been self-employed since the last court order and claims to earn very little money when filing for his taxes. I realize that this lowers his child support and is unfair to me, but what I am focused on is my child's quality of life. How does a change in the employment status of my ex-husband improve my child's life? I am a director of nursing and have a lot of schedule flexibility and have managed all of my son's medical appointments, his father has attended one or possibly two. I provide health care insurance for my son because his father is self-employed. I am worried about my son's quality of life if he spends the 50% of nights with his father that is being requested.
Three: that our communication has broken down. This is true, his girlfriend doesn't allow me to pick up my son at his father's house anymore. We have to meet at a central location and she is always there. The one time his father attended one of his karate practices was when I was on vacation and his girlfriend knew I wouldn't be there. His father and I had an excellent co-parenting situation before she influenced his life, but I'm not sure how awarding him more time with my child brings about any benefit to my son. I am actually less comfortable with my child being in his care, especially when my son tells me that neither his father nor girlfriend supervised him while being at a stranger's house (who ended up being a friend of his girlfriend). I am being left out in the dark on numerous parenting decisions, and it seems like a way for my ex-husband to prove his loyalty to his girlfriend (that he is willing to hurt me). I am no longer to communicate with my ex-husband over the phone unless there is an emergency (and if there was, he still wouldn't answer because he wouldn't think it was emergent, I have tried before).
Do any of these "significant changes" warrant me having to spend thousands of dollars on attorney fees and go to trial to fight for the status quo? My son's life is not broken and I am not sure what we are trying to fix here. I feel as though I am going to trial for my son, and his father is going to trial for his girlfriend.
He is fighting for 50/50 and is not even allowed to take phone calls from me per his girlfriend. I don't want to be left out in the dark about half of my child's life. This has been a nightmare for me as a mother and I really need advice regarding how to proceed. I am requesting a guardian ad litem so my son's wishes can at least be heard as he is very clear about what he wants, and he is very open and honest with me. He told me that his father asked him if he wanted to spend more time with them, and my son said that he wanted everything to stay the same. Unfortunately, his father invalidates his feelings and says that he is too young to understand and know what he wants. I am at a loss and feel helpless
Practical advice?
I reside in Maine and my ex-husband has filed a motion to modify our child current custody court order. He currently has my son every Wednesday night and every other Friday and Saturday night, and we communicate to establish a schedule for holidays.
He has been living with his current girlfriend for approximately one year, and this past summer she wanted all communication to go through her. She wants me to have zero contact with my ex-husband. She also wanted me to go out for coffee with them on occasion to establish a friendly co-parenting situation. I had an excellent co-parenting situation with my husband before this woman entered her life, and worked well with previous girlfriends of his, and respectfully declined her wishes. She has been very controlling and I often feel as though I am talking to her via text and not the father of my son.
My son will be 7 in August and is a very bright boy who excels in school and karate. He is very well behaved and mature beyond his years. If my son wanted to spend more time with his father and his girlfriend, then it wouldn't take a court order for me to allow that. I have always wanted the best for him, and always will. When I was served with the motion to modify by the police (I have a lawyer but apparently his lawyer made a filing mistake, unfortunately at the cost of seriously startling my child) I had a talk with my son. I told him that I love him and want him to be happy and that if he wanted to spend more nights with his father then I truly want that for him.
My son is very decisive for his age and expressed adamantly that he loves his life and wishes for no changes to his schedule. That is the reason that I had my lawyer decline my ex-husband's request. I truly feel that there is no significant change that warrants this motion to modify and that his girlfriend is truly trying to gain power over me. I feel defeated because of the inevitable thousands of dollars that will be spent on attorney fees that could have gone towards my child's first car. I have many questions, but my first is whether or not this is even warranted?
The significant changes since the last court order (which was ~5 years ago) that he listed on the motion to modify were that:
One: the child is now in school. But I'm not sure how that pertains to my son thriving under the motion to modify guidelines. He is already a gifted and talented student and I have worked with him extensively with reading and math. During the one school night a week he is with his father he doesn't always review his spelling words.
Two: his employment situation has changed. My ex-husband has been self-employed since the last court order and claims to earn very little money when filing for his taxes. I realize that this lowers his child support and is unfair to me, but what I am focused on is my child's quality of life. How does a change in the employment status of my ex-husband improve my child's life? I am a director of nursing and have a lot of schedule flexibility and have managed all of my son's medical appointments, his father has attended one or possibly two. I provide health care insurance for my son because his father is self-employed. I am worried about my son's quality of life if he spends the 50% of nights with his father that is being requested.
Three: that our communication has broken down. This is true, his girlfriend doesn't allow me to pick up my son at his father's house anymore. We have to meet at a central location and she is always there. The one time his father attended one of his karate practices was when I was on vacation and his girlfriend knew I wouldn't be there. His father and I had an excellent co-parenting situation before she influenced his life, but I'm not sure how awarding him more time with my child brings about any benefit to my son. I am actually less comfortable with my child being in his care, especially when my son tells me that neither his father nor girlfriend supervised him while being at a stranger's house (who ended up being a friend of his girlfriend). I am being left out in the dark on numerous parenting decisions, and it seems like a way for my ex-husband to prove his loyalty to his girlfriend (that he is willing to hurt me). I am no longer to communicate with my ex-husband over the phone unless there is an emergency (and if there was, he still wouldn't answer because he wouldn't think it was emergent, I have tried before).
Do any of these "significant changes" warrant me having to spend thousands of dollars on attorney fees and go to trial to fight for the status quo? My son's life is not broken and I am not sure what we are trying to fix here. I feel as though I am going to trial for my son, and his father is going to trial for his girlfriend.
He is fighting for 50/50 and is not even allowed to take phone calls from me per his girlfriend. I don't want to be left out in the dark about half of my child's life. This has been a nightmare for me as a mother and I really need advice regarding how to proceed. I am requesting a guardian ad litem so my son's wishes can at least be heard as he is very clear about what he wants, and he is very open and honest with me. He told me that his father asked him if he wanted to spend more time with them, and my son said that he wanted everything to stay the same. Unfortunately, his father invalidates his feelings and says that he is too young to understand and know what he wants. I am at a loss and feel helpless

Practical advice?
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