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Family Access Motion

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Old Feb 15th, 2008, 09:40 PM     #1
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Default Family Access Motion

I have custody of my son. Our order was modified in September and my ex-wife was granted visitation every other Thursday thru Sunday. I fought this, wanting her only to have Friday thru Sunday so as not to interfere with my sons school week, and knowing it would cause problems. She was not working at the time of the modification but miraculously found full time employment two weeks after our court date. She did not consider that she lives in a different school district and what this would mean when she began working again. She is supposed to pick him up at 6 on Thursday and keep him until 6 on Sunday. However, because she is now working (aren't we all) she claims she cannot pick him up after school on Friday and has demanded that he be allowed to come to my house Friday afternoons and she will pick him up on her way home from work. She has admitted she has not asked her employer to change her schedule these two days per month, she has not sought help from her friends or family members, is simply demanding that I let him come to my house and that I watch him, or have my fiance' watch him until it is convenient for her to pick him up. In an effort to get her to solve this dilemma on her own, for the last two visitations I told her not to pick him up until Friday because it is just causing problems and I feel that she should figure out the Friday schedule, since she is supposed to have him the entire day and gets a child support credit for this day. Today I was served papers for a family access motion. This is from a woman who misses her weekends repeatedly, has in fact missed 14 weekends in 3 years, has never made up one day of missed visitation, even though I have repeatedly offered her extra weekends, including this weekend in writing! I know that I could just agree to the Friday thing but at this point it is the principal of it. Any advice before I have to face a judge on this issue? Should I just cave in and watch him on her day or should I present a case to the judge to prove how stubborn and uncompromising she is? The motion was filed pro se' so neither of us have representation, but I would hire some if it would help so let me know if you think I should. (Sorry so long, much frustration and background here.) I know it is probably irrelevant, but she is over $2,000 behind in child support and also owes me $2,000.00 in attorney's fees, and now I have to miss work time to address this issue.
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