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Old 08-05-2011, 03:06 PM
helplesswife helplesswife is offline
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Question custody modification...

Hello. My husband and I have been together for 4 years and married in 2010. We have 3 children together and he has 3 with his ex wife. We have been fighting her for the last 4 years with custody, visitation and childsupport. Their three children live with their grandparents and she moves in and out of her parents house everytime she gets a new boyfriend. In the last four months alone she has had 6 boyfriends! She posts on facebook everytime she sees someone new and constantly talks bad about my husband on her fb and her friends'. She is a pathalogical liar and has done drugs and has sent one of her exs (this is what he told us) multiple texts asking for narcotics. She recently started supposedly seeing some guy that is in the military and and is telling people that she is moving to texas with him and taking my husbands kids with her and there is nothing he can do about it. She has even gone as far as making their 8 year old a fb page and trying to post as this 8 yr old calling this new guy (who she has only been seeing for 4 weeks!) daddy and saying she cant wait to move to texas. We also know that she has not been using the child support (600.00/month) on herself and not the kids because her parents have told my mother in law that they pay for everything and the mother says that my husband is paying support. He gets it removed from his pay checks every week and we have an online account (IN.GOV) for tracking child support payments and she gets them direct deposited every 2 weeks. We are in such a bind because she refuses to let us see them bceause we have a dog and she doesnt want them around dogs. Also she says they play sports and we cant take them out of their sports every other weekend. (note: they live 2 hours away from us and the divorce decree states she is too meet him half way every other friday and that sunday for visitations).
Any help??? We want so bad to have these children. We know his ex is extremely unstable emotionally and mentally.
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Old 08-05-2011, 06:06 PM
aardvarc aardvarc is offline
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If mom is failing to abide by the court's visitation order, dad needs to file a motion for contempt and enforcement. Dogs are only relevent if the COURT deems them relevent. But the courts can't and won't do anything about the situation until the case is brought before a judge, and that's going to require bringing a motion before the court.

Indiana even has handy dandy packets available for those persons who want to attempt to bring such a motion themeselves, you can find it at:

http://www.in.gov/judiciary/selfserv.../contempt.html

The website also has guides to the various local rules of court by county, and those should be required reading for anyone wanting to appear before the court without representation.
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Old 08-06-2011, 10:52 AM
moderator moderator is offline
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I agree with aardvarc on this. Dad needs to file a contempt petition for her not following the custody order. As for moving, only a court can allow it if Dad does not agree. Have you browsed through the information in LawInfo's Free Legal Resource Center to learn more about your issue yet? See: http://www.lawinfo.com/consumer.html and http://resources.lawinfo.com/en/index.html. You can certainly try to speak to a lawyer to determine what legal options may be available. In the meantime, you may be able to learn more on your own. Search the "Free Legal Resources" tab, or browse the Consumer Resources. Good luck.
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Old 08-07-2011, 07:49 AM
helplesswife helplesswife is offline
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Thank you.
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