I have been divorced for 6 years now. At the time of my divorce, neither party contested anything which made it fairly easy for both of us. My ex husband has never been much of a father and until I recently married, decided he wanted to make our lives impossible. All I want is for him to follow our decree and his visitaions. He has miserably failed in many ways. He has access to them every first third and fifth weekend of the month as well as every wednesday from 6 to 8 p.m. He hardly picks them up on wednesdays and on his weekend, the children usually go with their grandmother. He has recently been filing a whole mess of motions saying my current husband is a threat to my eldest child. He convinced her to sign letter stating she was afraid of him. Prior to going to court( I'm talking a couple of minutes before court) He decided to withdraw. But then he changed his mind again. But the 2nd time w were due in court, she spoke with the judge and told him she made a mistake and wishes to remain with us. The Judge ordered in our favor but only temporary. Well My ex told my daughter that we were the ones pursuing and actually it was he that put in a motion for another Judge to rule. In the meantime that we are awaiting court again, he with draws again and now wishes to modify the dates he has access to them. He wants them every first, third and fifth weekend beginning on Friday at 6 and ending Monday at 6. I couldn't afford to to keep my attorney so therefore here I am wondering what I could do to avoid this modification. My attorney pretty much told me she is overwhelmed with my case and Unless I have no legal representation the judge will not here me out. I don't want them to stay with him till Monday because My youngest daughter comes back unshowered, and all my kids (3) return without doing their homework. He also has taken them to school late and my husband and I have been warned by the school if it continues, we will be sent o court. What are we to do?
Divorce / Separation Lawyer
I can certainly understand why you are without an attorney, as his continued back-and-forth probably cost you a great deal in legal fees. Before giving in to this, consider contacting attorneys who can offer you a reasonable payment plan, so that you can afford to be represented. His past behavior might rise to the level of abuse of the system, and entitle you to an award of legal fees.
Additionally, you should ask the court to order mediation, as a binding settlement agreement reached during mediation, would resolve the issues without going back to court.
In the meantime begin collecting school records for the children to demonstrate your objections, as well as names and addresses of potential witnesses. The more 'homework' you do yourself, the less you will have to pay to the lawyer. Good luck. TC