We were divorced earlier this month. I have not received a copy of the final judgement. My ex wife is violating what I believe the judgement says. What can I do about this without the papers in hand. My lawyer has been unhelpful and they are not filed with the county yet.
Wife is working during her 2 week visitation and leaving the kids with someone other than me during this time. It is my understanding from the trial that the other parent had FIRST chance to watch the kids over babysitters, friends or family. I have even offered to pick up the kids and she refuses.
The kids are only 5 & 2. She has not seen them in 18 months - her choice. This will be their 5th visit and she'll be keeping them for two weeks. Up until now she has only had them 1 night a week and one every other weekend.
She gave me notice yesterday evening that she was taking her two weeks. She'll pick them up for regular visit tomorrow at 3 pm. Why should the kids have to be with a baby sitter or other family member when their biological father who has been raising them and has primary custody is willing to take them. I have even offered to meet closer to her instead of our court ordered location to make it easier and she refused. I only want them during the hours she works, since that is when she would be using a baby sitter. The baby sitter she has chosen lives with a registered sex offender and smokes.
Have you contacted the Clerk's office trying to get a copy of the Final Judgment? It seems very unlikely that if the case were finalized weeks ago that it would not be filed with the county yet.
If there is a provision in the judgment that says you should have the opportunity to have the children if she is using a babysitter, then you would seem to have a good case for the courts to get involved, especially if your children are being exposed to a sex offender.
Your fact pattern suggests there was a trial so is the final judgment still pending? i.e., the attorneys may be drafting competing final judgments for the judge to consider and maybe the final judgment hasn't been signed yet? You need to provide more facts. Contact your attorney and ask what is going on with the final judgment. Also, go the clerk of court or check online to see if a final judgment has been entered. If so, you can get a copy from the clerk.
Legal disclaimer: I'm only licensed in FL. Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.