I will try to be as brief as possible to get my info out here and I have stated a few exact questions at the end… I am engaged to a woman that has a current child custody and consent order in place with her ex-husband. He is currently the primary caregiver as set forth in the agreement (she agreeded to it for financial reasons it is not court ordered). He has decided that he does not want his son to be around me because I am a recovering drug addict that relapsed with 2 1/2 yrs clean back in Feb but checked myself into detox on Apr 22 and have been back clean since. I have also been living with this childs mother since he was 6mo old (he will be 5 yrs old in Dec) and have been the primary means of financial and moral support for them both (as far as she goes). I also was the saturday babysitter for 2 yrs up until Mar for the child when his mother and father always worked saturdays. He holds her child over her head on a regular basis in order to make her do what he wants or not do something he doesnt want her to. He also sends her regular text messages telling her how worthless of a mother she is and what she may or may not do regarding the child. He also regularly cusses her out and tells her how worthless she is on the phone with the child present. He is currently dating the owner of the daycare that the child attends and the woman is married. He regularly takes the child with him to see her at hidden locations or sometimes even at the daycare. He tells her that she cant do anything about it because he has ultimate say in the childs life but I read the order differently. The order states the following: (along with other stuff that is irrealvant)
IT IS THEREFORE ORDERED,ADJUDGED AND DECREED AS FOLLOWS:
Line 2: The defendant mother shall have reasonable visitation with the minor child including up to 2 overnights per week with the nights to be mutually agreed upon by the father and mother. This visitation shall take place provided the mother gives the father at least 24 hrs advance notice of her intent to exercise visitation.
Line 5: Each party shall attempt to foster a feeling of affection between the children and the other party, and neither party shall do anything to estrange the children from the other party or to injure the childrens opinion of the other party in any manner which may hamper the free and natural development of the childs love and respect for the other party.
Line 10: Neither party shall make derogatory comments about the other party in the prescence of the child or allow anyone else to do so.
Line 11 The minor child may not be left alone, without the plaintiff father or defendant mother being present, with anyone of the opposite sex not related to them by blood or marriage, for 6 mo from the date of this order. At the end of said 6mo, the plaintiff father or defendant mother shall be allowed to leave the children with another adult not related by blood or marriage provided the father and mother mutually agree on the person. (we are in the after 6mo period now)
Line 12: Neither party shall consume alcoholic beverages or posess or use illegal substances in the prescence of the minor children or allow anyone else to do so. (when I relapsed I never used anything around the child and the drugs i did relapse on were my own prescriptions but the father drinks on a regular basis with the child present)
Ok now my questions…
Can he keep the child away from his mother if I am present? If so, can he still do such after me and her are married? (see line 11 the part about "not related to the by blood or MARRIAGE because the way I read it is if we are married he has no choice.)
Can she stop or have her ex held in contempt for taking her child around the married daycare owner and/or get the court to make the father change the childs daycare? (she has told him numerous times not to have the baby around her except at the daycare during business hours and she would more-so have the child in a different daycare altogether until the affair stops or the woman legally seperates from her husband. As in question 1 if the father is not married to the woman Line 1 says to me the she has the right to say whether the child can be around that woman just like he can say the child cant be around me as long as we are not married)
Can she get him for contempt for keeping the child from her and for all the derogatory comments that he and his girlfriend have made to her in the childs presence? (It reads to me in LINE 2 that so long as she gives 24hr notice of wanting the child he has to let her have him or does it read in a manner where he can say “no we have plans” because of the mutually agreed upon part)
If she was to try to get him for civil contempt which Motion to Show Cause Order would she file? (There are a BUNCH of different ones)
Thank You for your time and answers