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What is the likely hood of bi-monthly joint custody???

shatter_me's picture

So BM has been being a real bitch about the times that we set up to have SD. She will either text and cancel or send an email that SD is emotionaly disturbed from the last visit and wont be able to come this month and on and on and on with her stupid bull shit excuses. She told us a couple visits ago that SD was not listening to her and was acting out and she was sure it was from being at our house. AHHH frickin moron she is 2!!!! WTF well any way since then we have had to sit BM down and explain to her stupid ass that kids act like that. They dont listen and the will push adults to see how much they can get away with. They will tell you NO and guess what honey? It dont get much better with age. Well any who. She pulled her normal crap the week before we pick SD up like always. She has soul physical custody and until now we have never had to go threw the courts for mediation on the issue of "parenting time". Its becoming to much to have to deal with her all the time. She tells H today. "i have soul custody you dont have shit. I decide when if and how long you see her for. You have no rights we dont have joint custody". Ok so now let the fun begin. We were already going to file a motion to get it set up with the courts but have tryed at all cost not to have to go threw them. My H wants to go for joint physical custody with it being bi-monthly. BM has already stated many times that she can not meet us half way every 2 weeks. She tryed to make an agreement with him tonight that we could have SD every other month for 2 weeks. So feb apr jun ext... What a joke really. Any way once again. Does anyone think that a judge would give him bi monthlys with SD. I have never herd of such a set up. She is just turning 2 so school wont be an issue for now but i was just wondering what the likely hood of that setup coming to be. We have a stable home and she loves it here i just dont want my H to get his hopes up and get shot down. Most of the reserch i have done with kids that young weekends are pushing it let alone a month at a time.

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Kb3Hooah's picture

Shatter - Sole custody doesn't mean that your DH doesn't have any rights to SD. He still has his rights for visitation regardless of what BM says. The only difference with sole custody is that the CP can make decisions for the child without consulting the NCP.

Are you documenting the times that she is denying visitation? This can make a HUGE difference in determining custody arrangements.

I see that you guys live in Texas. I'm not sure if the court will approve bi-mthly joint custody right off the bat, or if they will even approve shared physical custody right off the bat. I know that Texas promotes shared parenting, but the better approach may be to ease into it gradually. Start off with asking for more nights with SD. What is the current visitation schedule?

Have you guys consulted with an attorney yet? Most will give you a free consult.

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shatter_me's picture

We dont have a set visitation schedual. Every time we have tryed to get her on a steady regular basis we get emails, text or calls saying it wont work for her. When we do have SD we have her for 2 to 3 weeks at a time as is. I know it is hard on BM being away from SD but SD is ajusting well. We have tryed to make it easyer on SD by keeping to her schedual that she has at BMs house. BM can call and talk to SD when ever she wants we have even done web cam for her. She will tell the courts that she is not dening him visitation because she has only strait out said no you cant have her this month 1 time. The rest has just been endless run around's because she changes the dates so much that it will be 2 months before he has to threaten with the courts to get SD again. She acts like SD is hers only and that she is doing him a favor by letting him see SD. But make sure you send a check every month. She has stated that meeting every 2 weeks she can not do so that is when H decided that bi monthy may work better for BM.