Interim shared parenting time and Joint decision Making and Hospitalization

guydeluxe2018

New member
Hi Everyone,

I am the Respondent and we have interim shared parenting time and Joint decision-making as of May 2023. We were put on trial sitting for November 2023, and unfortunately, our case wasn't heard and we were scheduled for a trial scheduling endorsement case conference on December 19, 2023. On December 14, 2023; the Applicant was hospitalized and was unable to attend the conference.

At the December 19, 2023, conference we were scheduled for the February case conference, and on February 13, 2024, I received notice that our case was ready for trial; I informed the trial coordinator that the applicant is still hospitalized, incapacitated, and our son has been in my care since December 14, 2023; the trial coordinator advised to request leave, motion 14B, and request an adjournment.

I have been paying the offset amount of $210 per month, and my question is can I request the court to stop the $210 payments per month until the Applicant can resume care of our son, secondly, can I request an interim final decision making order for our son to be removed from the private school she had enrolled him in?; On consent the Applicant enrolled the child into private school as long as she paid for the tuition, and unfortunately due to the hospitalization she is unable to make the decision (incapacitated) and there has been no verbal or text communication regarding the same and I can not afford to pay for the tuition and would prefer to register him into a public school.

The reason why I am requesting for the $210 payments to be stopped is because I want to use that money towards our son's expenses which include summer camps, school uniforms for the new school, groceries, and other school extracurricular activities.
 
Is she incapacitated fully and has someone making decisions for her or is she able to make decisions? Will she recover to make decisions?
 
She is in ICU and unable to talk, I believe her family members are making decisions for her but they have not been cooperative, nor do they share any information with me regarding her recovery.
 
I think you should speak to a lawyer. You may need an emergency order for interim custody and full decision making. If she dies or can't care for your son, her family may fight for custody which would make it worse. Plus you shouldn't be paying support while you have full custody. What if something happens to your son and you can't make a decision for his care because you need her input?

This goes beyond the regular stuff and is more about what happens if she doesn't recover. Especially when her family isn't telling you anything.
 
I have been paying the offset amount of $210 per month, and my question is can I request the court to stop the $210 payments per month until the Applicant can resume care of our son

You can try, but it's unlikely the judge would order anything on your word without hearing from the other side. You could stop paying though and address the amounts owed in a year plus when your ex is back.


secondly, can I request an interim final decision making order for our son to be removed from the private school she had enrolled him in?; On consent the Applicant enrolled the child into private school as long as she paid for the tuition, and unfortunately due to the hospitalization she is unable to make the decision (incapacitated) and there has been no verbal or text communication regarding the same and I can not afford to pay for the tuition and would prefer to register him into a public school.

There's no new decisions or anything you need from ex to allow your child to continue in the school you agreed to. The only issue is payments; as long as ex or family has made the payments. If/when payments are missed and they come looking to you, then you would have no issue changing to a free public school. There's no need to change from Joint to Full Custody.

The reason why I am requesting for the $210 payments to be stopped is because I want to use that money towards our son's expenses which include summer camps, school uniforms for the new school, groceries, and other school extracurricular activities.
All of these items you would pay for in addition to your offset cs. Regardless, if the child has been with you full time for over 2 months - your payments should stop.
 
Back
Top