As stated, I have Sole Legal & Primary Physical custody of my 3 year old daughter and mother has 5 days of parenting time every other week. Mother abjectly refuses to co-parent, refuses to bring my daughter to classes she's enrolled in, and 'goes dark' for her parenting time. As I constantly fear for my child's safety, I recently requested a wellness check at the address she says she resides at with my daughter, an address illustrated on all court documents stating as such.
Wellness check results: Mother & daughter have never lived at said address.
My assumption is as Sole Legal & Primary Physical parent, implicit in this (though not directly stated within the Judgement) would be absolute knowledge of where my daughter lives while not with me.
What can I do? Is this contempt? Is this 'Imminent Danger'' in terms of filing motions? Again, mother refuses to co-parent, has my cell phone blocked, will not accept text messages and will not reply to emails. Thank you!
It is possible that mother could be in contempt. You should take the court order to a lawyer for review as the terms of the court order will determine if mother is in contempt. You should act quickly to preserve your rights. Best wishes.
While mother doesn't have to check in with you during parenting time, there should be sufficient information information and communication so that you are aware of anything that transpires with your daughter. I would keep a trail of all text messages and email that went disregarded and have documentary proof that she never lived at the address provided. While there is nothing here that would suggest the threat of imminent harm, I think there is sufficient grounds for a contempt. Before doing anything I would first consult with a lawyer to review your custody and parenting agreement. Good luck.
I would file an emergency motion with the court immediately to terminate mother's parenting time until she provides proper contact information and living arrangements. I believe most judges would be very concerned with this type of behavior.
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