My question involves a child custody case from the State of: California
I am going to attempt to get Sole Legal in addition to my current CO which gives me Sole Physical (joint legal with ex). Our Joint Legal court order doesn't state any specifics other than "Legal (makes medical, educational, etc decisions) awarded to: Joint"
Background:
My ex and I separated in 2012. I am a victim of domestic violence and abuse, our 5 year old was subjected to neglect and parental alienation in addition to being witness to my physical abuse. I have had a restraining order against my ex protecting both child and myself which has expired. My ex would not provide for our child, would not cooperate when discussing our child, and had no interest in anything but making trouble for me especially when I became engaged years later. The restraining order gave me sole physical and joint legal with reasonable visitation to her. She didn't attend the hearing. We have been in court back and forth since 2013 when she tried to stop the divorce and demanded 50% when she realized I was taking her to court through the county for child support and also that she could not carry our child on her taxes because they have lived solely with me since 2013 and because she provides no support . Since then she has been given 4 hours of visitation, stepped up to 8 1/2 hours, and then finally this year she was granted 2 overnight Saturdays per month which she has to maintain for 6 months before trying to modify the order again. She cannot leave the county or state without my permission since she has been considered a flight risk. I still have sole physical custody.
The child support case finally completed after 2 years and her wages were garnished due to default judgement after she refused to respond to the multiple service attempts. She lied to the processors and had her roommates claim she did not live there. We had court this month because she was sub serviced and the default went through months later, so she filed a motion to remove the default and stop payment saying she was never served. The case has to go back to court in 2 months. She has had absolutely NO interest in our child's health, welfare, education, etc up until this point. She started sending me "updates" of her visits with our child and making claims that our child is "developmentally behind" and that she is working with them to improve it. She wants access to all of their school and medical records. She has had this information for years. We have recently discussed it and I provided her with it. Yet, she would still send me emails demanding the information and using words like "you're alienating me" and "parental alienation" which suggests she's getting legal jargon from some where because she has never been interested before. I honestly believe it's to try and make me seem uncooperative, which is not the case. I provided the information, she sends emails making it seem like we don't even talk about our child.
Her manipulation and deception are constant. I lived in fear and was constantly controlled with threats to my person, physical abuse, and threats of disappearing with our child. Now that I have gotten help with getting us out of that environment, my ex continues to try and control me through our child. It has gotten even worse with my engagement and now my fiancee is pregnant which our child shared with her and it's become even more hectic.
I simply want to provide for our child without the drama and the constant harassment. She veils threats in her emails and uses our child to constantly try and get under my skin.
I think it would be in our child's best interest for me to have sole legal custody. I would of course still share information with her and updates as I always have, but to have her harassing the doctor's, teachers, etc or using that as a means to keep tormenting my family is just too much. Our child has no strong bond with her, they don't even want to go to the visits unless their half sibling is there which is the only reason the judge gave her that much because she wanted to try to keep the siblings together.
I just want what's best for my child and this is causing us both undue stress. Sorry for the long story...
I am going to attempt to get Sole Legal in addition to my current CO which gives me Sole Physical (joint legal with ex). Our Joint Legal court order doesn't state any specifics other than "Legal (makes medical, educational, etc decisions) awarded to: Joint"
Background:
My ex and I separated in 2012. I am a victim of domestic violence and abuse, our 5 year old was subjected to neglect and parental alienation in addition to being witness to my physical abuse. I have had a restraining order against my ex protecting both child and myself which has expired. My ex would not provide for our child, would not cooperate when discussing our child, and had no interest in anything but making trouble for me especially when I became engaged years later. The restraining order gave me sole physical and joint legal with reasonable visitation to her. She didn't attend the hearing. We have been in court back and forth since 2013 when she tried to stop the divorce and demanded 50% when she realized I was taking her to court through the county for child support and also that she could not carry our child on her taxes because they have lived solely with me since 2013 and because she provides no support . Since then she has been given 4 hours of visitation, stepped up to 8 1/2 hours, and then finally this year she was granted 2 overnight Saturdays per month which she has to maintain for 6 months before trying to modify the order again. She cannot leave the county or state without my permission since she has been considered a flight risk. I still have sole physical custody.
The child support case finally completed after 2 years and her wages were garnished due to default judgement after she refused to respond to the multiple service attempts. She lied to the processors and had her roommates claim she did not live there. We had court this month because she was sub serviced and the default went through months later, so she filed a motion to remove the default and stop payment saying she was never served. The case has to go back to court in 2 months. She has had absolutely NO interest in our child's health, welfare, education, etc up until this point. She started sending me "updates" of her visits with our child and making claims that our child is "developmentally behind" and that she is working with them to improve it. She wants access to all of their school and medical records. She has had this information for years. We have recently discussed it and I provided her with it. Yet, she would still send me emails demanding the information and using words like "you're alienating me" and "parental alienation" which suggests she's getting legal jargon from some where because she has never been interested before. I honestly believe it's to try and make me seem uncooperative, which is not the case. I provided the information, she sends emails making it seem like we don't even talk about our child.
Her manipulation and deception are constant. I lived in fear and was constantly controlled with threats to my person, physical abuse, and threats of disappearing with our child. Now that I have gotten help with getting us out of that environment, my ex continues to try and control me through our child. It has gotten even worse with my engagement and now my fiancee is pregnant which our child shared with her and it's become even more hectic.
I simply want to provide for our child without the drama and the constant harassment. She veils threats in her emails and uses our child to constantly try and get under my skin.
I think it would be in our child's best interest for me to have sole legal custody. I would of course still share information with her and updates as I always have, but to have her harassing the doctor's, teachers, etc or using that as a means to keep tormenting my family is just too much. Our child has no strong bond with her, they don't even want to go to the visits unless their half sibling is there which is the only reason the judge gave her that much because she wanted to try to keep the siblings together.
I just want what's best for my child and this is causing us both undue stress. Sorry for the long story...
Custody and Visitation Issues: Uncooperative Ex: What Grounds Can Custodial Parent Use to Get Sole Legal vs. Joint
Aucun commentaire:
Enregistrer un commentaire