Blended Families
colonialbride
member
Options
More to add
colonialbride
member
So DH and BM went to court in March and the judge ordered a 4-3-3-4 rotation for the summer visitation. Although he mom was the one who originally told the judge that she suggested SD not be away from either parent for more than 4 days, she now says that she doesn't feel that SD is ready for this back and forth transition. She is trying to go around to different doctors (without DH) to tell them her side of the story (elaborated, of course) and get them to write letters stating that it is not in SD's best interest to do this for the whole summer. She ultimately wants DH to have SD for 3 four day periods and 1 seven day period over the whole 9 week summer! Oh he'd get to see her every wednesday for 3 hours...The paralegal told him that BM can't really do anything about the court order and can't oppose it for 6 months after the inital date the order was signed. Does anyone know if this is true even if she is trying to falsly have doctors write these letters?? TIA!
This discussion has been closed.
Re: More to add
I don't know what your State laws are, but I would assume what the paralegal is saying is correct and you should confirm with your lawyer. From my understanding, nothing would supercede the Court Order, except for a new CO from a judge (or if DH and BM agreed to a change and filed it with the courts for a new CO). BM would be required to follow the current CO until she gets another court date and new CO. Drs. notes wouldn' t matter and if it were a serious medical issue, BM could try to get an emergency court hearing, but it would be up to the judge to evaluate all of the opinions and make a ruling. If BM doesn't get a court date before the summer, she would be in contempt for not letting you have the 4-3 3-4 visitation.
Don't worry about it too much. BM has done this to us twice. Round 1 we got a very biased letter from a therapist the day before court and the therapist refused to even speak to DH. She came to testify at trial and the judge completely reamed her for being biased, listening to BMs lies and not even hearing DH's side of the story. He told her that her job was to evaluate the child only and basically ignored her testimony in his ruling. Round 2, BM went to a new therapist hoping to get the therapist to say SS shouldn't be allowed to visit us in CA. This therapist was very unbiased and contacted DH. After speaking wtih BM, DH and SS several times, she recommended that SS be allowed to visit us immediately. BM was not very happy about the results either time and stopped taking SS to the therapists immediately after court. Judges deal with this all the time, and they can tell when parents are using Drs. to try to manipulate situations (which is very obvious when medical concerns only seem to come up right before court).
MyFitnessPal - Free Calorie Counter
"Karma1969: If baking someone a birthday pie/cake is romantic, I must be a slut."
I think your paralegal is right, she can't really do anything unless she wants to be in contempt. But it sounds to me like she plans to break the CO, and then when you file for contempt, use these Dr. notes as justification.
Can you take her for contempt for seeking medical attention without DH's knowledge or consent? I'd say, just be prepared to file contempt charges when she breaks the court order.