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Steven  K.
Steven K., Family Law Attorney
Category: Family Law
Satisfied Customers: 2332
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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Every time my ex-wife doesnt get her way her behavior turns

Resolved Question:

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?
Submitted: 4 years ago.
Category: Family Law
Expert:  Steven K. replied 4 years ago.

Steven Kincaid :

Thank you for allowing me to assist you.

Steven Kincaid :

In what state is your custody order?

Customer:

SC

Steven Kincaid :

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:

Steven Kincaid :

a) allow your child to see the school counselor

Steven Kincaid :

b) modify the court order to allow you to have a say in decision making

Steven Kincaid :

or both

Customer:

grrrr

Customer:

so.. before i make a stand.. i need to be able to prove that her decisionit is detrimental to my dughter

Customer:

do you believe somthing like an email recomendation from her school counsoler would be enough..

Steven Kincaid :

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.

Customer:

that recomends that my daughter see a counselor

Steven Kincaid :

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.

Customer:

ah

Steven Kincaid :

Is there any other information I can provide for you?

Customer:

thanks for the answer.

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