Interference with parenting time and a safety issue

My question is regarding parenting time and what constitutes interference. My husband and I recently took our children on a family vacation out of state. We both have daughters from previous marriages. He did inform his former spouse of the trip and gave her flight information as well as hotel information.

Well, guess who turned up at our vacation destination? She flew in not long after us and started texting his daughter in an attempt to meet up with her. Their daughter is 13. She also sent my husband a text stating that he wasn’t being a good person and allowing her to see their daughter. My husband has his daughter every other weekend…and we spent a lot of money to take this vacation. I was blown away that his ex would expect to spend anytime with my stepdaughter on our short, 3 day family vacation. Is there protection that would allow us to have a visitation/vacation period free of this behavior?

We have had multiple issues with my husband’s ex- she and her family call me names on their family group text (that his daughter is included on), she tells my stepdaughter untrue and unkind things about me (via text-I have seen these texts), she makes fun of me and she encourages her daughter to be ugly to her dad. Last summer, she banged on my car window yelling at me-during a custody drop off (my husband had walked their daughter to her car and her brother kept my husband occupied while this happened). I was sitting in the car, minding my own business-i do not engage with this woman or have any communication with her. My choice not to be involved with her. So many things have happened-but I think you can get the picture of what we are dealing with.

I guess I have two questions, the second regarding safety. My stepdaughter’s mom has been making videos for social media (Instagram & Facebook) with my stepdaughter. The issue is that she is doing these while she is driving her car. In one video she almost runs off the road and my stepdaughter says “ohhhh…guess who almost ran off the road”. It is frightening that a mom would put her child at risk to do this and set this sort of example for a 13 year old who will be driving soon. What can my husband do about this?

Thank you!.

If your husband has a custody court order, then he can file a motion to modify the custody based on a substantial change in circumstances affecting the wellbeing of the minor child. However, based on the information you’ve provided, there is likely not enough to be considered a substantial change in circumstances unless you can prove that the child’s life and safety are in danger during the time she spends with her mother.

If the custody terms are in a separation agreement, then your husband could file a custody action against the mother attempting to gain more than every other weekend custody for the reasons you have listed here.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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