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Modification of Temporary Orders

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  • 05-27-2010, 04:25 PM
    PCMom
    Modification of Temporary Orders
    Utah
    Husband took me to court to modify temporary orders for overnight visitations. Judge granted overnight vistitations.

    Judge also granted me that I can take child to gymnastics on saturday mornings from 9AM-10AM.

    Court Date was April 28, 2010.

    Every week since the court date, husband has been emailing me to change visitation orders. He does not want me to take child to gymnastics or pay for it. Now he wants to take child to gynastics, and he wants me to pay 100% (which I have been).

    He wants to change midweek visitation.

    He wants more overnight visitation.

    He says that if I dont do what he wants, he will take me back to court over and over and over.

    The problem is that he uses everything against me in court. He has accused me of child abuse, he has accused me of being an unfit parent, he has accused me of being mentally ill. every chance he has, he is filling papers to the court stating I am a terrible mother.

    He filed court papers stating that I refuse to allow him visitation, which is completely false. I was following the temporary orders visitation schedule, and he accused me of refusing visitation on holidays. Holidays were not included into the visitation schedule because child was an infant. Judge has ordered that visitation orders be phased in and no holiday schedule until phase in is complete.

    My question:

    Since visitation orders were modified April 28, how soon can the orders be modified again.
    Husband and lawyer say they will take me to court every month until they get their way. I am dealing with a dishonest lawyer and a terrorist husband.
  • 05-28-2010, 12:37 AM
    mrshiggins
    Re: Modification of Temporary Orders
    Dump your lawyer ASAP!

    I think that you should be flexible with switching days with him. As far as more overnights, I wouldn't be so willing. Tell him that after so many months or however long you feel is right for your CHILD, you will give him another night.
    As far as holidays, it's up to you. Courts like to see parents who are flexible and work with eachother. Give him a holiday here and there... Maybe Fathers Day (which he will get when/if he gets holidays). Do a 9am to 7pm type of thing... Maybe give him Halloween (which isn't a major holiday, but it shows the court your willingness to compromise). Maybe even give him Xmas Eve... but it's up to you!

    As far as allegations of abuse and unfit mothering... that's nonsense. Dad will have to get documentation of abuse (CPS reports, police reports). As far as unfit, same thing... it takes A LOT for a parent to find another parent unfit... A LOT! DO NOT WORRY!!!

    Have him take you to court... as long as you are being somewhat flexible and civil towards him (no matter how nasty he gets) you will be better off.
    If he is taking you to court every month for petty stuff, the courts will sooner or later get sick of seeing his face.
    Maybe after a few times, and he loses in court, you should retain a GOOD lawyer and if he takes you back for unnecessary crap, ask the judge to have HIM pay your lawyer fees!

    Does he pay any child support? If not, look into that!
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