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How does her threatening court if I do not agree to her demand for a new visitation schedule affect her standing with the court?

Chico, CA |

Our divorce was final 12/21/12 (Myans were right!) and I have full physical custody and we share legal custody of the two children (girl 11 & boy 13). She wanted visitation to be thurs 6pm to Sun 6pm every other week & now has demanded we go to alternating weeks. I feel that would not be helpful to the kids for many reasons such as she has blown off 3 of her last 6 visits. She sleeps a lot and her idea of time with them is watching a movie and video games - the kids tell me she does not talk to them. There is no rules at her home. They do not have their own rooms there - there is one room for all the kids (her roomate has a son part time as well).

Attorney Answers 2


I think it's wise to work with someone rather than against them but you cannot constantly be held up at gun point. Sounds like you may have about 7 more years of threatened litigation unfortunately.

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You might as well get use to her demanding a schedule she wants or threatening you with court. The reality is you need to be firm and do what is right for your children.
Going to court does not appear to have been that bad for you. The court gave you custody because the court believed you were the better parent. Why would the court even think about changing that unless you agreed to it?
In order to change a custody schedule after a judgment requires her to prove to the court that there has been a substantial change in the children’s lives since the judgment that would require a change. Does not sound like there has been any change.
Do the right thing for your children. If in doubt talk to a counselor and get their opinion on how your children are doing. Nobody said being a single parent was an easy job but the court believed you could handle it or you would not have been awarded primary custody.

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