new custody trial after 6 years

[Mamabear91399]

What is the name of your state (only U.S. law)? New York

I have had sole legal and sole residential custody of my 12 year old twins for the past 6 years when my x moved to another state to be with his then gf. There has been no changes in my or the childrens living situation at all. My x told my daughter that he was taking me to court because he didn't like that she (my daughter) has braces on her teeth. He is using parental alienation as the reason citing that our daughter sometimes texts me when shes with him. His other complaint is that I don't pack enough clothes for them. I pack an outfit for every day so he does't have to do laundry. I've done this for the past 6 years like clockwork. The stip says nothing about clothes and says the kids should have phone contact with either parent whenever they want. So I'm just making sure that when this is over I'll still have sole custody.

 

[LdiJ]

What is the name of your state (only U.S. law)? New York

I have had sole legal and sole residential custody of my 12 year old twins for the past 6 years when my x moved to another state to be with his then gf. There has been no changes in my or the childrens living situation at all. My x told my daughter that he was taking me to court because he didn't like that she (my daughter) has braces on her teeth. He is using parental alienation as the reason siting that our daughter sometimes texts me when shes with him. His other complaint is that I don't pack enough clothes for them. I pack an outfit for every day so he does't have to do laundry. I've done this for the past 6 years like clockwork. The stip says nothing about clothes and says the kids should have phone contact with either parent whenever they want. So I'm just making sure that when this is over I'll still have sole custody.

I can't guarantee that you will still have sole custody after this is over. Its very much the norm these days for parents to have joint legal custody (joint decision making). Therefore I cannot guarantee that a judge won't change that. I cannot guarantee that a judge would change that either.

However, I can tell you that if dad actually uses the reasons he has given in court, he will look pretty foolish. You have sole custody so you have every right to make decisions about things like braces...it is NOT parental alienation if your daughter texts you now and then when she is at dad's, and the clothes bit is just laughable.

 

[AlmostThere]

What is the name of your state (only U.S. law)? New York

I have had sole legal and sole residential custody of my 12 year old twins for the past 6 years when my x moved to another state to be with his then gf. There has been no changes in my or the childrens living situation at all. My x told my daughter that he was taking me to court because he didn't like that she (my daughter) has braces on her teeth. He is using parental alienation as the reason citing that our daughter sometimes texts me when shes with him. His other complaint is that I don't pack enough clothes for them. I pack an outfit for every day so he does't have to do laundry. I've done this for the past 6 years like clockwork. The stip says nothing about clothes and says the kids should have phone contact with either parent whenever they want. So I'm just making sure that when this is over I'll still have sole custody.

Until you are served, this is just talk. What does your current court order say about medical decision making? Were you supposed to consult with him? If so, he has a legitimate beef.

 

[Silverplum]

Until you are served, this is just talk. What does your current court order say about medical decision making? Were you supposed to consult with him? If so, he has a legitimate beef.

She has sole legal custody. I can't imagine she had to consult with Dad.

I think she'll end up with joint legal custody, after court: then she'll have to consult Dad.

 

[Mamabear91399]

I was given sole legal custody because the judge said my x was a poor decision maker given the goings on during the first custody trial. I'm hoping that since for the past 6 years everythings been terrific, the judge wouldn't want to mess with it.

 

[Antigone*]

I was given sole legal custody because the judge said my x was a poor decision maker given the goings on during the first custody trial. I'm hoping that since for the past 6 years everythings been terrific, the judge wouldn't want to mess with it.

I would tell your daughter that you are sorry daddy put has tried to put her in the middle of these adult issues. Let her know that she does not need to worry about these adult problems and she just needs to enjoy being a kid.

Unless you are served, just forget about his idiotic ramblings.

 

[mistoffolees]

She has sole legal custody. I can't imagine she had to consult with Dad.

I think she'll end up with joint legal custody, after court: then she'll have to consult Dad.

Maybe. Or maybe judge will say that there's no change of circumstances and throw Dad's case out.

I really don't see that Dad has much of a case here. EVEN IF he can get the court to hear the case, I don't see anything that justifies a change in the custody situation. Mom had no obligation to discuss the braces with Dad due to his prior actions.

 

[BL]

If Dad reiterates the circumstances he is stating in court and it can be proven without a doubt none of the allegations are true , I would respond with a request to have the petition recognized as a frivolous filing and sanctions imposed .