I haven’t been able to see my children for the last two months after being arrested, and the mother filed to modify our current time-sharing agreement. She has refused to let me see the kids during my scheduled times, including taking them out of state without my knowledge. Should I address this in a counter petition to her modification request, or is it better to file a separate motion?
Do you have a parenting coordinator?
Dallas said:
Do you have a parenting coordinator?
Not sure what that is. We have a 70/30 timeshare. No coordinator.
Was she granted a temporary order? Check court records for any temporary custody orders.
Lee said:
Was she granted a temporary order? Check court records for any temporary custody orders.
No temporary orders have been filed.
Make sure to document everything. If she’s withholding access, that’s contempt of the court order.
Bennet said:
Make sure to document everything. If she’s withholding access, that’s contempt of the court order.
I have a text from her stating I won’t be allowed to see the kids without supervision.
You should file a motion for contempt. Modification is for changing the order; contempt is for not following it.
Jaden said:
You should file a motion for contempt. Modification is for changing the order; contempt is for not following it.
I see. Should I file both a contempt motion and a modification request?
If you drove with the kids while your license was suspended, she might argue that was a safety issue.
Case said:
If you drove with the kids while your license was suspended, she might argue that was a safety issue.
They weren’t with me during the arrest, though. I just need to show I’m safe now.