(Unsure on which forum this specifically belongs)
I am a man who has custody of his toddler son, as in guardianship school year, the ex has him during the summer, and we alternate every weekend with our son. This was a custody order she signed and agreed to, notorized by an attorney I hired and processed through the court(07/2013). This was not settled through divorce or loss of custody due to neglect.
I left (01/2014) have lived with family for 1.5 years since leaving her. (trying to stick to necessary facts) She promptly entered into a new relationship with an ex-con while we were going to couples counseling early (04/2014). During the first summer the ex-con watched my son and I told her multiple times I feel it is an unhealthy environment.
Regardless the main point I'm getting at here is that relationship is over, and she wants more time with her son. I don't feel as if I need to give the reason why, however I am not willing to give her more time with him, I'm following the custody order as it states.
Which since then it's as if she is following the "how to change custody" back, I searched that online and she got rid of her social media, instead of texting asking how he is doing, she has switched to emails, I imagine for documentation purposes.
I set BOUNDARIES, in regard to a "communication plan", twice a week, once on the weekends, email only then as she says her phone is messed up and she can't text. Between 9 AM - 9 PM, any emails in regards to her complaining about custody, wanting more time, emails sent after 9 PM, or one's that are threatening I am not responding to.
Since then she has broken every one of those boundaries, she will email at 11 PM, 12:04 AM, she sent 8 emails between 11:30 - 12:30 at night - none were emergencies, telling me about our son singing Thomas the Train to her. Emails complaining about custody, her wishing I would let her have more time with him, "all of this is gonna change" threatening emails. Last night I proposed we lay ground rules for phone call communication as she wants to switch to that. I got another email back at 11 PM stating that I'm a manipulator and she would rather a judge decide that. A "threat" email.
I'm wondering can I cut email communication with her and have her go back to texts?
Can I cut total communication aside from advising on pickup times for our son, or future school events?
My attorney has assured me that the burden of proof is on her to convince a judge that it would be in our son's best interests to spend more time or live with her, perhaps reaching for a shared custody agreement. I will not agree to that, as I feel our son needs to know where home is, and with the probability of later meeting other people, getting married or having other children as we are early 30's, I don't see that as beneficial. Also the fact that I am going to be moving an hour away for a job, and right now I don't even live in the same school district anyway.
She also has two other children from her first and only marriage, she has custody of those two boys, 7 and 5. She thinks our toddler should spend more time with them, yet several factors here, 1) I don't feel I have the obligation of seeing my son less than what the court documents state 2) I think it creates a psychological attachment issue and problem, as in he will create an attachment to his half-brothers, and then when he starts school in a different school district, or we move an hour away none of this can be sustained. They will not be driving an hour to where we live to "hang out". It's as if she wants our son to create a bond with his half-brothers in order to establish a path to taking me to court and saying they should all be together...except me of course, then her $100 a month child support is eliminated. I've talked to counselors/therapists about this and they agree.
Her emails cause stress, irritation, frustration, anxiety, in general I feel like I'm being tortured by her, best word to describe it. In the 70's and 80's we didn't have the internet, my father didn't call multiple times a week to talk to me, even though we have advanced communication there is no good communication between us. Therefore why continue it.
What legally can and cannot do in this situation?
I just want to move on, be left alone, and not be terrorized by baseless threats. Raising a child is hard enough, while at the same time being attacked at all ends by the ex, any diaper rash he gets, she makes sure to get it in an email (in my opinion to make me look like an irresponsible parent). She wants to know invasive things like do I have a job, how much time does he spend at daycare. Truth is I just finished a graduate certificate, have BS/AA degrees already and am out of work currently, yet have plenty of money saved up, and living with family helps with the expenses.
There simply has to be something I can do here, why do I have to be ridiculed and criticized constantly by this person, harassment basically, emails all hours of the night, and be threatened all the time with "I'm still thinking of taking this to court". How do I communicate or hold boundaries with someone who will ask how he is doing, I respond, then she will respond with breaking the rules we set of our communication plan which is not a part of the custody order?
Thank you for reading and any advice, - oh I've been single the entire time since I have left, no drugs, no smoking
I am a man who has custody of his toddler son, as in guardianship school year, the ex has him during the summer, and we alternate every weekend with our son. This was a custody order she signed and agreed to, notorized by an attorney I hired and processed through the court(07/2013). This was not settled through divorce or loss of custody due to neglect.
I left (01/2014) have lived with family for 1.5 years since leaving her. (trying to stick to necessary facts) She promptly entered into a new relationship with an ex-con while we were going to couples counseling early (04/2014). During the first summer the ex-con watched my son and I told her multiple times I feel it is an unhealthy environment.
Regardless the main point I'm getting at here is that relationship is over, and she wants more time with her son. I don't feel as if I need to give the reason why, however I am not willing to give her more time with him, I'm following the custody order as it states.
Which since then it's as if she is following the "how to change custody" back, I searched that online and she got rid of her social media, instead of texting asking how he is doing, she has switched to emails, I imagine for documentation purposes.
I set BOUNDARIES, in regard to a "communication plan", twice a week, once on the weekends, email only then as she says her phone is messed up and she can't text. Between 9 AM - 9 PM, any emails in regards to her complaining about custody, wanting more time, emails sent after 9 PM, or one's that are threatening I am not responding to.
Since then she has broken every one of those boundaries, she will email at 11 PM, 12:04 AM, she sent 8 emails between 11:30 - 12:30 at night - none were emergencies, telling me about our son singing Thomas the Train to her. Emails complaining about custody, her wishing I would let her have more time with him, "all of this is gonna change" threatening emails. Last night I proposed we lay ground rules for phone call communication as she wants to switch to that. I got another email back at 11 PM stating that I'm a manipulator and she would rather a judge decide that. A "threat" email.
I'm wondering can I cut email communication with her and have her go back to texts?
Can I cut total communication aside from advising on pickup times for our son, or future school events?
My attorney has assured me that the burden of proof is on her to convince a judge that it would be in our son's best interests to spend more time or live with her, perhaps reaching for a shared custody agreement. I will not agree to that, as I feel our son needs to know where home is, and with the probability of later meeting other people, getting married or having other children as we are early 30's, I don't see that as beneficial. Also the fact that I am going to be moving an hour away for a job, and right now I don't even live in the same school district anyway.
She also has two other children from her first and only marriage, she has custody of those two boys, 7 and 5. She thinks our toddler should spend more time with them, yet several factors here, 1) I don't feel I have the obligation of seeing my son less than what the court documents state 2) I think it creates a psychological attachment issue and problem, as in he will create an attachment to his half-brothers, and then when he starts school in a different school district, or we move an hour away none of this can be sustained. They will not be driving an hour to where we live to "hang out". It's as if she wants our son to create a bond with his half-brothers in order to establish a path to taking me to court and saying they should all be together...except me of course, then her $100 a month child support is eliminated. I've talked to counselors/therapists about this and they agree.
Her emails cause stress, irritation, frustration, anxiety, in general I feel like I'm being tortured by her, best word to describe it. In the 70's and 80's we didn't have the internet, my father didn't call multiple times a week to talk to me, even though we have advanced communication there is no good communication between us. Therefore why continue it.
What legally can and cannot do in this situation?
I just want to move on, be left alone, and not be terrorized by baseless threats. Raising a child is hard enough, while at the same time being attacked at all ends by the ex, any diaper rash he gets, she makes sure to get it in an email (in my opinion to make me look like an irresponsible parent). She wants to know invasive things like do I have a job, how much time does he spend at daycare. Truth is I just finished a graduate certificate, have BS/AA degrees already and am out of work currently, yet have plenty of money saved up, and living with family helps with the expenses.
There simply has to be something I can do here, why do I have to be ridiculed and criticized constantly by this person, harassment basically, emails all hours of the night, and be threatened all the time with "I'm still thinking of taking this to court". How do I communicate or hold boundaries with someone who will ask how he is doing, I respond, then she will respond with breaking the rules we set of our communication plan which is not a part of the custody order?
Thank you for reading and any advice, - oh I've been single the entire time since I have left, no drugs, no smoking