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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 03-29-2019, 12:20 AM
Doctor Martins Doctor Martins is offline
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Default HELP!: I'm a RD who OCL went in my favour!!! but now ex fighting it..

So long long time since I posted... Background, never married, respondent dad.. ex got pregnant on purpose to keep me. Didn't work out.. she filled and has tried to limit my access from day one..

It was an upward battle, but one bit of hope, unexpected based on what I read on this forum.. and believe me, I believe all of your horror stories.. OCL actually went in my favour.. I was after 50/50.. and they said if I moved closer, I was an hour away.. that they would recommend 50/50 physical access and custody to Applicant mom..... 2-2-3 schedule .. and i moved and they made the recommendation ..

This actually made things better and Applicant mom reluctantly implemented the changes and we didnt go back to court.. I live 6 min from my ex, and my daughter is in my school zone, 3 min away.. My ex would call on me all the time to take her.. I probably saw my daughter 50% of the time or more for a year..

Ex found out after I did my taxes that her child benefits would be cut in half, and also she's super overprotective.. so then accusations to CAS started but CAS even issued a letter that they were not opening a case.. Shes always made a lot of accusations while at the same time asking me to take our daughter all the time while she works or does social things..

Fast forward.. she decided to call a Case Conference because there year was almost up, seeking daughter every other weekend access for me and child support..

At case conference I provided proof that we had been sharing physical custody as the status quo, and i swear the judge didnt want to hear about that.. he has only asked for me to provide my financial records, even though I argued for off set CS.. .. judge didnt believe her crazy claims but took on the case as case manager with next date being late summer.. which is settlement conference and no motions until then.. At settlement conference i have to provide my financials and some other things.. he said then I can file a motion for temporary access.. in the meantime my ex and I are supposed to work it out amongst ourselves about access.. I asked, what happened if she gives limited access.. Judge said she could do as she wants but it would be looked down on when it comes to Motion and Trial.. he sees this going to trial and likely being similar to OCL recommendations, maybe a little less access for me.. that ex should offer similar to how it has been...

Well now ex is hip to off set child support etc.. so she is offering me every other weekend.. I can't do anything legally till Aug.. Do I..
1) accept what ex is offering and see my daughter 4 days a month..
2) tell her that i won't accept anything less than 50/50 access and risk no access to my daughter?

I just feel like she has total control for now and will try and set a new status quo.. even though my daughter is used to seeing me half the time for a year. .. my daughter just turned 5 and i couldn't even see her on her birthday..

I honestly dont even know how my ex will handle it because she is so used to me taking daughter whenever she wants, like a baby sitter..

Any input appreciated.. For sure the OCL was a major gain in my favour.. and I dont want to mess it up..
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Old 04-01-2019, 10:28 AM
TheDailyDad TheDailyDad is offline
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Don't accept anything less than 50/50. If you accept something less now, it will be harder to change in the future. You will also need to meet the test for a material change as well.

If she cuts off access in retaliation, you need to file an emergency motion for access.
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Old 04-01-2019, 01:01 PM
Doctor Martins Doctor Martins is offline
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Quote:
Originally Posted by TheDailyDad View Post
Don't accept anything less than 50/50. If you accept something less now, it will be harder to change in the future. You will also need to meet the test for a material change as well.

If she cuts off access in retaliation, you need to file an emergency motion for access.
Thanks DD... unfortunately the Judge took over as Case Manager and he knows I want to file a motion for access but put in his orders that no motions till after the Settlement Conference which is near end of summer.. I asked what would happened if she only offered EOW and he said that at motion and trial it would work heavily in my favour..

Currently she has cut off all communication, so as much as it hurts not seeing my daughter, I maybe have to wait the time out unless something changes. I wrote ex email requesting we continue with 50/50 as per OCL recommendations but no answer..
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