Every time my ex-wife doesn't get her way her behavior turns verbally abusive (including many profanity laced rants),insulting, and threatening; not physically, but in terms of what she will and will not allow me or our daughter to participate in. For example, she does not wish for our daughter to visit the school's counselor. The teacher, counselor, and I all think this would be helpful for her. Unfortunately, our agreement states that the mother gets final decision making authority in matters. I have no idea how I missed that when I signed. Is there anyway to change it? Can it really be enforced? Is there really no way for me to do what I feel is best for my daughter? Is there a legal way to stop her verbal abuse and threats? Do I really have to put up with this?
Thank you for allowing me to assist you.
In what state is your custody order?
As the court order stands now, you cannot override your ex's decision. However, if your ex-wife is being unreasonable to the detriment of your child, you can bring a motion in court asking the court to either:
a) allow your child to see the school counselor
b) modify the court order to allow you to have a say in decision making
so.. before i make a stand.. i need to be able to prove that her decisionit is detrimental to my dughter
do you believe somthing like an email recomendation from her school counsoler would be enough..
You would be best off showing that your ex-wife's decision is harmful to your child and that therefore she should not have the right to make exclusive decisions any longer.
that recomends that my daughter see a counselor
Yes. Otherwise, there is no basis for changing the order. You do not need to show that your daughter is suffering horribly, but just that your child would benefit from seeing the counselor and has this need. A well reasoned statement from the school counselor could be helpful. Schools do not often allow their staff to give declarations under penalty of perjury, but if they write you a letter, you can try to submit it as an exhibit.
Is there any other information I can provide for you?
thanks for the answer.
I have practiced family law for more than 14 years, focusing on child custody and domestic violence
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).