Change of Circumstance?


#1

Hello,

I am wondering what a Change in Circumstance would be? My ex-wife does not bring my children to me for our exchanges. She leaves them at the high school to go to the football games that evening. My ex-wife does not inform me of this but leaves it up to my children to make alternate arrangements and to get supper. My ex-wife still hasn’t informed me of her mailing address. She moved with my children and did not tell me for months. My ex-wife did not notify me for over three months that our divorce was signed by a judge and finalized. My ex-wife did not inform me about my son’s head injury (untreated gapping laceration) and my other son’s ER visit for possible appendicitis. I found out about this visit when I got the ER bill. My ex is required to do all of this according to our child custody agreement.

Also, my ex lied and stated I threatened to kill so she was granted a DVPO against me for a year. During this year, my ex-wife has constantly approached me, harassing me and trying to provoke me. Once my ex even approached me and was nice and invited me to my son’s birthday party so she didn’t have to pay for all of it.

Does this constitute a Change in Circumstance? What can I do about my ex-wife constant harassment?

I have continually e-mailed my attorney concerning these problems but he acts like he has no clue about is going on. He told me he had experience dealing with these types of issues. I am constantly wasting my time and money by sending him e-mails. I have asked him to explain my options or propose a plan of action but I still have not received one. He always has an excuse. This is the same attorney that stated there is a new law that requires a psychiatrist, an expert, to testify that a change in custody would be a benefit for the children. He said it would cost me $75,000 to take a Change of Circumstance motion to the State Supreme Court to challenge the new law. I don’t have that kind of money and I still have not been able to find anything on the internet concerning this law.


#2

If your ex-wife is violating a signed agreement, you can sue her for breach of contract. I would do this because if you continue to let her ‘get away with it’, she will continue to violate it.

Sounds like you need a new lawyer. $75,000 for a change of circumstance?? Hogwash.
Dismiss this lawyer and find a new one.


#3

The incidents you list are actionable in a contempt hearing. If your ex is violating the Order she can be held in contempt. The proper course of action is to file a motion in the court seeking an Order holding her in contempt and to force her compliance with the Order.


#4

Would these actionable incidents be enough to request a change in custody?


#5

Likely no as I do not believe they constitute a substantial change in circumstances affecting the well being of the children. The solution is your bring your ex in line with the order and to enforce her responsibilities under the same.


#6

What if it’s children she tells these things to?


#7

I would suggest filing a motion for contempt based on her actions intended to alienate the children.