Ex--parte hearing for visitation?

Question

I have a court order that gives my ex every other weekend, 1/2 summer, 1 week at Christmas with our 8 yo daughter. My ex has since moved out of state so obviously cannot have her every other weekend. Our daughter has since been diagnosed with ADHD, Dyslexia and fine motor skills disability. She is reading at a first grade level and is going in to 3rd grade. The school has requested she attend summer school for 5 weeks during summer break. My ex is demanding that I now allow him to have her for the whole summer. I have reiterated how important it is for her to go to summer school as her disabilities are having an effect on her confidence & self esteem, but he is threatening to take me back to court to force my hand. Can someone tell me if an ex-parte hearing would help my cause before he does the same. Also, can he request an ex-parte hearing in his state CO even though our initial order is in CA? Would I get equal rights to 1/2 the summer to enjoy with her?

Answer 1

Let it go to court - have the dr's who have diagnosed her and the school officials testify as to her needs when it comes to this summer. Your visitation agreement HAS to change since he has moved...better to get it ironed out sooner than later.

FYI - the child's primary residence is with you, so the court will be in CA, he can't move thevenue as a non-custodial parent.

Answer 2

I would say you would more than have a case to try to have custody changed over from the mother to the father. I would think that the most difficult part would be proof that these things are actually happening. Did you keep receipts for everything that you provide for the child? Keep the list of basic needs that the mother gave you guys because these things are not needs for the child but needs for the enitre household. The dad should not have to buy the things for his daughter for her house but he should for his own house which you do both. Prove it. Does your husband pay child support? If he does then any support outside of this is not required by the order. That is basically what the child support is for. How are you going to prove that 9 people live in a one bedroom apartment? As far as the medical concern all the mother has to say is that she tried to get in contact with the father but couldn't in time for the doctors appointment. This really isn't a bad thing. At least the child id covered with medical insurance. Your best bet would to try and put the little girl on the stand and see if she will tell the judge any of these things are true or not. Your biggest challange is going to be proof. I suggest that you talk to the mother and see if she will do a temporary custody reassignment and use the excuse so that she can better take care of the newborn when it is born. I would then bet that you could then get the temporary assignment changed to a perminant custody reassignment as the mother will see how much less of a burden the daughter is to her now.

Answer 3

Not exactly what the ex-parte was designed for. File for a modification to the decree. If he was granted 1/2 the summer then you must provide that or can be found in contempt of court. He has to push for the contempt though. Based on what you said the circumstances are, a judge may side with you figuring it is what's best for the child. Talk to a lawyer.

Answer 4

Youre better off going to court first to alter the visitation rights to accommadate your child. Hes probably going to take you to court because he really doesnt believe you and thinks your using the illness as an excuse. You will have to provide medical records for your cause. So to save money go to court first. If Colorado gets the case first, youll have to prove to them your reason for attempting to revise the visits and yes, he can file there if he meets the residency requirements