My ex husband & I have 2 girls together. But since the divorce he has gotten remarried & only sees the girls 4 days a month when he is supposed to have them at least 45.1% of the month. He gets to claim 1 of our daughters on taxes since that was the agreement if he took them his share of the time. I also have a different job from when we got divorced as well with less pay.
My girls scream & cry when they have to go there. There has been many police reports made is regards to the new step mother & step children against my children but nothing has been done.
How do I go about taking him back to court. Our divorce was finalized in Dakota county & we both live in rice county now. Do I have to go up to Dakota county for a review hearing or does it even qualify for a review hearing
Family Law Attorney
The process of custody modification is not simple or quickly done. The situation you describe is not going to be adequately addressed at a review hearing. You will need to consult with an attorney on filing a motion to modify various aspects of your divorce decree. Your question is so fact-specific and unique to your decree of dissolution that you should be certain to have a copy of the Decree and any subsequent Orders modifying the Decree to discuss with an attorney.
Additionally, you should be very careful in dealing with your children's attitudes towards their father. The Court system is very sensitive to one or the other parent speaking poorly of the other to/through the children. Also, it is a delicate balance between wanting to protect one's children from a difficult or abusive situation and one's responsibility to encourage and facilitate the children's relationship with their non-custodial parent.
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