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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 99515
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have a question my ex and I recently separated we have a

Customer Question

Hello I have a question my ex and I recently separated we have a 4year old and a 2 month old he lives with a new girl friend and she makes him block me on everything from messaging to phone calls the only time I call him is to see if he's coming to pick up our daughter because he's constantly coming at different times or just not coming. At all . Anytime I try to discuss issues with our kids like school scheduling for our 2 month old he ignores me and makes decisions with her even her mother she recently called me and tried telling me we don't need to be making decisions on our kids or talking about them I don't know how to deal with this he's going and trying to enroll our daughter in school and not even telling me is this just what I have to deal with ? I feel like co parenting shouldn't be this hard .
Submitted: 4 months ago.
Category: Family Law
Expert:  Ely replied 4 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Please tell me - do you and he have formal custody from the court in regards ***** ***** child's custody? Or not, and this is all informal?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 4 months ago.
We have one for our 4 year old and we are currently getting one for our son . He has an attorney . His attorney is filing a motion for custody on our some and motion to consolidate the two cases .
Customer: replied 4 months ago.
Sorry on our son
Expert:  Ely replied 4 months ago.
Thank you.
Who has the right per the court order to make the educational agreement for your son? Or, not sure?
Who is the managing custodian for your son? And the visiting parent?
Customer: replied 4 months ago.
We haven't ironed all of that out yet he's not going to be in daycare the school issue was with my daughter . Right now the baby is with me full time his lawyer was making out a visiting schedule for him to come and see the baby at my home until he's 4 or 5 months old then he was going to start taking him twice a week for 2 hours but he won't even come and see the baby because his gf doesn't want him around me I even offered to leave my house and go to the office in my apartments just so he can have bonding time with the baby and he won't do it which is fine but she's making him think I don't need to be involved with anything about our kids .
Customer: replied 4 months ago.
now I'm unsure if I should even sign anything his lawyer gives me because we were trying to stay out of court but now this situation is making me uncomfortable because he's honking he can make decisions without me and not let me know anything
Customer: replied 4 months ago.
Expert:  Ely replied 4 months ago.

Thank you.

You have to understand that until/unless the court puts down a custody decree, it will not get involved in custody disputes. There is no default as to how the parents should behave and who is to have the child and who is to make the decisions until/unless the court has a decree rendered.

So at this moment, if there are no custody orders as to who is to make the educational decisions, then either parent has the default right to do so. Normally of course this does not work and this is why the court is petitioned to clarify all of this in a custody order.

You can ask the court to specifically include in the order WHO is to make these decisions, and that it should only be between the two actual parents and not his girlfriend.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Customer: replied 4 months ago.
Well in the court order for my daughter it says the parents are supposed to advise eachother on school, social events etc . And I told him this and he just didn't respond his girlfriend made him hang up on me
Expert:  Ely replied 4 months ago.

Ah, I see. Okay, this helps.

You can then technically file a contempt motion on him. Contempt is how parties force the decree, and the Court may admonish him, fine him, and/or imprison him. See HERE.

Someone in your situation can threaten this unless he decides to follow the decree. That may change the way he behaves, quickly.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

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