need some reassurance

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dtyarg1973

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I'm just looking for some reassurance, my live in girlfriend's ex wants to take her to court over child custody (child will be 5yrs next month).

Basically, her divorce decree states shared custody 50-50. Her ex never fullfilled his part, only picking him up 2 nights a week, and every other weekend. The two nights a week he picked him up from daycare he didn't keep him overnight, only for a couple hrs. Many, many times he wouldn't even take him on the weekends he was supposed to, or pick him up the nights he was supposed to.
Three months ago her ex moved out of state, 6hrs away, her ex has driven the 6hrs to pick him up only once. Her and I, or her parents (they live in the same town as her ex) have taken the child the 6hrs to see his dad on approx 4-5 occasions in the past three months.
Now he has a lawyer and is claiming that she is not being cooperative. According to him, we need to meet him 1/2 way, should we????? would a judge rule that?????

My big question, should we be worrying ourselves over this??????????
 
The answer is NO. He moved away. He can't require that you accommodate him.
 
Thanks, We just seem worried to death about this......or whatever else he might have up his sleave. Why would a lawyer even take his case? He has never fullfilled his part, I personally think this could end up bitting him in the butt. I also worry about court/lawyer cost, is there any way he could be held accountable for those????? He seems to think it's funny that she'll have to hire a lawyer.
 
Any idea what a normal visitation would be in this situation????? There is NO WAY it can remain joint legal physical. The child is in pre shcool, there is no way he could be required to go to his dads 50% of the time.
I'm thinking dad can get him maybe 1 weekend a month, and he has to drive the 6hrs or not see him. Am I thinking wrong?
 
I think you are correct. Since he brought the action, you can ask that your legal and court fees be cast upon him if he loses. I don't see him winning.

I believe his visitation and custody will be limited as long as you and your girlfriend don't have problems that I don't know about. He will have to come to you, not the other way around. He moved.
 
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