My question involves a child custody case from the State of: Alabama....
Ok..i will try to sum it up ....my husband and his ex have court tomorrow afternoon at 3:30 and i am just wanting some opinions.... He filed a petition for visitation modification because he has to be at work at 6:00pm on fridays...and they live two hours away.....(the mother is the one who moved)...as of right now the visitation order states that he is to pick the children up from her home at 6:00pm on friday and she is to pick them up from our home at 6:00pm on sunday.....
with the way the order is now it leaves quite a lot of room for her to abuse the situation because she knows he cannot be late for work and therefore he cannot be there at 6:00pm...(she is always making smart comments asking him why he works on the weekends..LIKE HE REALLY WANTS TOO...he just asks her "you do want your child support right?")..and i am not on the papers so she does not have to let them go with me (we get along for the most part).....The way she abuses the situation is she will meet half way and its usually me meeting...UNTIL...something does not go her way or he does not want to switch weekends back with her (which he has done twice in 6 months) because she continues to make plans on his weekend and knows there is nothing he can do because she just wont meet and wont let me come up there and get them....she def. uses the court papers to her advantage and makes things work in her favor at all times.....and the way the court order reads there is not much he can do unless he went up there at 6:00pm and she actually denied him and would not let them come with us....
He also filed a Visitation Contempt Charge for phone call denial in which the judge is supposed to address tomorrow also while they are there...in the papers either parent is allowed to have reasonable phone contact with the children while in the physical custody of the other parent.....
Oh...and the mother currently does not have a job at this time..she was fired from her job as an RN for back talking a doctor and having her cell phone out all the time...(a $28 an hour job!!!!!!!!!!!!!)
Origianally what he was going to ask for was for it be 50/50 travel on paper so that way she is bound to meeting him...and change the meet time to 4:30 pm on friday and sunday(so it would not be so late out on the roads with the kids on friday or sunday ).....She told me the other day that "court would just be a big waste of time because they cannot make her meet him at 4:30 because of her job..and there is nobody that can meet".....well she does not even work at this time and has not done so in almost 5 months....but i am wondering if the judge will agree with her....
He also put on the petition that he would like me to be added to the paperwork so that she cannot deny me from getting the children at the visitaion pick up time in whatever decision and compromise they come to... (Is that a reasonable thing to ask for since we usually meet anyways???....just want to have me added because when she gets mad that is another way she abuses the situation)
If my husband did not work as much as he did or the hours he did he would do it...its just really hard on him..and i am available to do it....
I just keep going over things in my head and just want some opinions on the whole situation
Here are a few things that i came up with and suggested to him that i feel will stop her from being able to abuse the situation:
1. Change the pick up time to 3:30 pm from their home and add me....but if she can meet by 4:30 we can do that...(just which ever works because sometime she takes trips and she comes through where we usually meet half way).....i personally think that is very reasonable....but if she cant meet by 4:30 they can just be picked up from home...
2. Since she does not work right now....change the days and make it where she has be bring them to our home by 6:00pm on friday and we will return them home at 6:00pm on sunday (my husband is off on sundays and we can make the 4 hour round trip).....i am just wondering how the judge will look at that since if she does get a job with being a nurse sometimes she wont get off til 7:00pm....
It is all really confusing....but i think #1 is the best idea..
If anyone else has a suggestion please let me know.... thanks for the comments and input
Ok..i will try to sum it up ....my husband and his ex have court tomorrow afternoon at 3:30 and i am just wanting some opinions.... He filed a petition for visitation modification because he has to be at work at 6:00pm on fridays...and they live two hours away.....(the mother is the one who moved)...as of right now the visitation order states that he is to pick the children up from her home at 6:00pm on friday and she is to pick them up from our home at 6:00pm on sunday.....
with the way the order is now it leaves quite a lot of room for her to abuse the situation because she knows he cannot be late for work and therefore he cannot be there at 6:00pm...(she is always making smart comments asking him why he works on the weekends..LIKE HE REALLY WANTS TOO...he just asks her "you do want your child support right?")..and i am not on the papers so she does not have to let them go with me (we get along for the most part).....The way she abuses the situation is she will meet half way and its usually me meeting...UNTIL...something does not go her way or he does not want to switch weekends back with her (which he has done twice in 6 months) because she continues to make plans on his weekend and knows there is nothing he can do because she just wont meet and wont let me come up there and get them....she def. uses the court papers to her advantage and makes things work in her favor at all times.....and the way the court order reads there is not much he can do unless he went up there at 6:00pm and she actually denied him and would not let them come with us....
He also filed a Visitation Contempt Charge for phone call denial in which the judge is supposed to address tomorrow also while they are there...in the papers either parent is allowed to have reasonable phone contact with the children while in the physical custody of the other parent.....
Oh...and the mother currently does not have a job at this time..she was fired from her job as an RN for back talking a doctor and having her cell phone out all the time...(a $28 an hour job!!!!!!!!!!!!!)
Origianally what he was going to ask for was for it be 50/50 travel on paper so that way she is bound to meeting him...and change the meet time to 4:30 pm on friday and sunday(so it would not be so late out on the roads with the kids on friday or sunday ).....She told me the other day that "court would just be a big waste of time because they cannot make her meet him at 4:30 because of her job..and there is nobody that can meet".....well she does not even work at this time and has not done so in almost 5 months....but i am wondering if the judge will agree with her....
He also put on the petition that he would like me to be added to the paperwork so that she cannot deny me from getting the children at the visitaion pick up time in whatever decision and compromise they come to... (Is that a reasonable thing to ask for since we usually meet anyways???....just want to have me added because when she gets mad that is another way she abuses the situation)
If my husband did not work as much as he did or the hours he did he would do it...its just really hard on him..and i am available to do it....
I just keep going over things in my head and just want some opinions on the whole situation
Here are a few things that i came up with and suggested to him that i feel will stop her from being able to abuse the situation:
1. Change the pick up time to 3:30 pm from their home and add me....but if she can meet by 4:30 we can do that...(just which ever works because sometime she takes trips and she comes through where we usually meet half way).....i personally think that is very reasonable....but if she cant meet by 4:30 they can just be picked up from home...
2. Since she does not work right now....change the days and make it where she has be bring them to our home by 6:00pm on friday and we will return them home at 6:00pm on sunday (my husband is off on sundays and we can make the 4 hour round trip).....i am just wondering how the judge will look at that since if she does get a job with being a nurse sometimes she wont get off til 7:00pm....
It is all really confusing....but i think #1 is the best idea..
If anyone else has a suggestion please let me know.... thanks for the comments and input
