decree modification

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decree modification

Postby singledad111 » Wed Nov 21, 2012 12:20 am

Guys, I need some perspective here. Our decree calls for medical appointment notifications along with a number of other things. I did not notify her of the last 2 appointments with the dentist because she never shows up anyways and quite honestly I just did not care any more. I gave her full report on what happened at the appointments and informed her of the next one, just in case she decides to show up.

we have 50-50, week on/week off. 50/50 legal as well. During her week, he goes to day care, she put him into over my objection, during my week he is home with grandma (he is 3.5 by the way and doing great). We exchange Monday morning, where she picks him up at my residence and then takes him to day care on the way to work.

Last monday, i let her know that I have some work commitments and will drop the kid at day care on the way to work, as I cant wait till she picks him up. On the way to day care I receive SMSs where she goes crazy for no reason insisting she will be at my residence as usual.I drop the kiddo off at day care and go to work. Later I receive a threat that she will be filing for divorce modification based on cases described above. Can she actually get it?
We entered into final divorce 5 months ago. We do not co-parent and don't communicate at all. I tried the first few months but seeing nothing but hatred I simply stopped.
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Re: decree modification

Postby tom kirkpatrick » Wed Nov 21, 2012 1:21 am

Don't sweat it, Bro!! Your ex is still in divorce-fighting mode. This post-divorce warfare stuff happens all the time. Just do what you've gotta do and don't give her a second thought.

By and large, decree modification requires two things: 1) That a significant change in circumstances has occurred since the last order was written. 2) That any proposed change(s) will be in the best interest of the children. Generally it'll require a combination of both.

I trust you are (still??) keeping a journal and a parenting time tracker - a pain in the butt, I know. HOWEVER - should she take you back to court you won't stand a prayer without both of the above.

Finally - You've gotta disconnect your buttons, once and for all!!

Tom

BTW - The court requires that you both must be flexible when it comes to parenting time and exchanges. Should your ex become hopelessly inflexible over a significant period of time, then YOU have grounds for custody modification. Again, your journal and parenting time tracker will play an important part in this too.
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