My husband and his ex had joint custody for two years both agreeing to no child support and we had been married for almost a year and things were going great. My husband and his ex went back to court for ED and the custody agreement they had BOTH signed was put aside because she said she was strongarmed into signing it and her attorney had no idea about. Nothing was done about ED that day and that is what he went for. Now the custody has went back to the way it was and she refuses to let my ex see the kids even though it is court ordered. He is supposed to pay her half of the house pmt and guideline child support for a house he hasn’t lived in for three years and children he doesn’t get to see. He has not seen his kids in months and he does know what to do. She lives in the house they own and keeps the pmt late and she drives the car they own and pays it late as to ruin his credit. What can he do? He has a court date but it keeps getting put off. They have been divorced for 3 years should this not have been settled by now?
He needs to file an action for custody if the agreement was set aside, and if not, an action for breach of contract.
The motion was set aside but she is not abiding to the previous custody order. Does contempt of court for not allowing court ordered visitation take as long as everything else? It has been five months.
If the agreement was set aside he needs to file an original action for custody as there is no Order or agreement in place.