Ex is filing for increased visitation and joint custody for revenge. Does the court care?
I recently moved to California. Court ordered child support, visitation, etc is Arizona. I filed to modify child support and one month later, ex files to increase visitation and get joint custody (I have sole). I have a text where, in response to me asking about his wages for calculations, he says "fine then you’ll be getting my paperwork for custody and visitation".
He has severe control issues and it seems clear that his intent is revenge but does the court care about his intent? I worry about his ability to care for her medical issues (among other things) and he wants to take her for a week at a time during breaks. HELP!
Let me clarify, I received permission from the court and child’s father to move. Furthermore, I fly the child out one weekend a month and he has the ability to come see child once a month and does not. This is what was agreed upon. I moved for work.
Tagged with: california court • child support • fly • joint custody • medical issues • paperwork • revenge • wages
Filed under: General Joint Care
Unless you can show proof that he can not be trusted to take care of the child in accordance with her medical needs, the court does not care. He has every right under the law to seek joint custody and to have required visitation opportunity. (By the way, your opinion does not matter as to his fitness unless you can supply absolute proof)
I suspect from your phrasing that YOU might also have some anger issues. Do keep in mind that you moved away and took the child with you, which probably makes a normal weekend visitation impossible. In my state, YOU would have broken the law as the custodial parent is not allowed to take the child out of state without express permission from the court. That law was made to negate circumstances like the one you now find yourself in. You are in effect forcing him to take legal action in order to be able to see his child.
Intent is irrelevant as long as he can prove that he can be a capable guardian during visitation. You are able to bring up your points regarding medical care to the judge, and the judge can inquire as to the reason for the change request, but at core the issue will be what represents the best for the child.
He has a right to do this.
Judges have seen it all and heard it all. What he emailed to you is a nit on a gnat on an elephants back.
My question to you is whether you got permission from him or the court to move the kids to California? If not you are probably in real hot soup. Most states fobid moving the kids out of state unless the court authorizes it or the other parent consents. So, let us know what, if anything you did in this regard.