Based upon the facts that you state, you have grounds to file a petition seeking both to hold the Mother in contempt of court and to change the permanent parenting plan so that you are named as the primary residential parent. You should contact an attorney as soon as possible in order to discuss your case in detail. Many attorneys including myself offer free initial consultations.
Ben is correct. You need to file a Petition to hold her in Contempt and to Modify the Permanent Parenting Plan. The contempt would be based on her failure to obey the court's prior order (the parenting plan which almost certainly included language that the parents are not to disparage the other parent in front of the child). The modification would be based on a material change in circumstances (i.e. she has failed to follow the parenting plan and allow you your parenting time) and the fact that the change would be in the best interests of the child.
You should save every text as possible evidence. You should consult with an attorney regarding the conversation that was recorded.
You should do this SOONER rather than LATER.
The answering of this question does NOT establish an attorney\client relationship. If you wish to hire me call me and we will talk about it, but as of now, I am NOT your attorney. My answers are intended for educational purposes only.
My colleagues are correct. I believe that you could very well "flip" the coparenting time and make it where you have the child almost all the time and Mother has occasional visits. The Court is not going to like Mother violating Court Orders. Many people think that Court Orders are suggestions; they are not. Clearly with the digital evidence you have you can prove that it is in your child's Best Interest for you to be by far the Primary Residential Custodian of your child. As my colleagues suggest, you need to find a very aggressive child custody attorney in the Knoxville area and begin this work as quickly as you possibly can.
If you want to discuss this further with me, send me a note. Attorney Jere Franklin Ownby JOwnby@OwnbyLawFirm.com 865-633-6633
Child custody Considerations in child custody decisions Family court and child custody cases Best interests of the child and custody Parental alienation and child custody Father's rights in child custody Parental rights in child custody Lawsuits and disputes Family law Contempt of court Parenting plan
Sign up to receive a 3-part series of useful information and advice about child custody law.