My ex and I have been divorced for 5 years and we are both remarried to other people. I have several questions and need some expert advice. We share joint legal custody of our son but with me as the primary parent. I have tried my best to be civil and have tried working together for our sons sake but it's just not working. We cannot talk or text without there being an issue. Do I need to get a lawyer to get a court ordered mediation? Or should I? Does our son have to go over for his every other weekend visits when his dad is not there? Do I have to put his dad and stepmom on the pick up list for school? I'd just like some advice about what I need to do.
2 Answers from Attorneys
You need to sit down with a lawyer, as in yesterday. There is a key piece of information every lawyer needs to answer you - the exact full text of your parenting plan. Having said that, courts do not like to referee adults who behave like children, and your posting is exactly the type one that generates lectures from judges to the parents in courtrooms every day. Instead of spending thousands or tens of thousands escalating bad communication into a court battle, an hour with a lawyer to determine how to work within your paperwork is the best investment you can make in your child's life.
I agree with Mr. Ashman. Sitting down with a lawyer, especially one who practices in the area where your case is pending and who has experience with the Judge in your case, will help you find out the best course of action. While this may seek important to you, some Judges may consider your complaints minor and not worth their time. That is just the reality. However, attempts to resolve these issues in writing and according to the terms of the custody order first may go a long way into showing a Judge (who would otherwise not want to hear a modification of visitation case based on these issues) more likely to consider modifying the terms by showing you tried to be civil and that the other side was being hostile and unreasonable. See someone soon for a free consultation.