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Change to Court Order: how to respond

NHStep's picture
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My boyfriend's ex-wife has borderline personality disorder. I state this right away so that anyone familiar with this condition might understand what we're up against. Their divorce has been final for maybe four months. Prior to the divorce, the Ex lived in the marital home and that is where their son had attended K and 1st grades. At the point of separation, my bf moved back to his hometown which is maybe 20 miles away from their martial home, still maintaining their 50/50 custody arrangement. During the divorce, the Ex stated her intention to move more than an hour away from my bf's new location. (let me quickly mention that she has two arrests due to assaults and one suicide attempt documented by a local hospital) My bf hired a guardian ad litem who, after his research, told the Ex she was free to move, but that he was going to recommend to the court that Ex's son come to school where we now reside together. (rewind just a tiny bit: we agreed to meet her terms to move to another state, though only minutes away, to accommodate her request that he stay in school in the same state and we bought a home together there) They signed their parenting plan stating that he would go to school in our town and she would have him three nights per week, commuting him over an hour to school twice per week. Two weeks into the school year, she was already asking to modify the plan to have the boy every weekend. He did not agree, but offered her every other weekend with the alternate week staying the same as written in the PP. The reason he did not agree is because we feel that we need some weekend time with the boy, plus he deserves the chance to develop social relationships in his school community outside of school. She has now submitted a request to change the parenting plan because my bf won't "agree to her terms" (her words) and, since he won't "sgree to her terms", she's also seeking more child support (we have him 57% of the time). Does anyone have any advice for my bf as far as his response to her request with the court? Thank you.

Rags's picture

Leverage her instability, bring the arrest, suicide and any other character shredding documentation and evidence that is available documenting her inappropriateness as a parent.

Have it ready. She is the one who moved and now she wants no parenting responsibility, more CS, and all of the fun times with the kid.

Your BF's position should be focused on the best interests of the kid which is stability. The EOWE option is reasonable to keep the child stable, connected with his mom, connected with his dad, and to integrate with his school experience.

I think your situation and tactics are the right ones.

Good luck.

NHStep's picture

Thank you for your words of advice.

BF has submitted a response to his lawyer and now we're just waiting for a reply from him before filing with the court. He also contacted the GAL that was appointed during the negotiations and he has said he'll gladly come back on board if BF wants to file a motion.

tog, he pays child support because he earns more than she does. It seems ridiculous to me, but my situation is different than his.