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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11823
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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How do I prove that me ex is violating the first right of refusal?

Customer Question

How do I prove that me ex is violating the first right of refusal? My children spend at least half of his parenting time with his mother. She is the driving force to all of our litigation. This has been going on four almost 5 years. Now he is threatening to file for a modification of his parenting time to get them more often. I have detailed logs from when the children were with his mother when they were to be with him; however I am still struggling with how to prove it. My children are 11 and 12 years old so they tell me when they were left with her. They also have a therapist who they have told this too many times but nothing is being done. I feel like this would be good to have against him when he asks for more time, if I can prove to the judge that he is not even spending his time with them now. How do I obtain strong enough evidence?
Submitted: 2 years ago.
Category: Family Law
Expert:  originallawyer replied 2 years ago.
Your evidence is already fairly strong. You can also ask a Judge in the case to interview your children in chambers. You could also subpoena his mother to testify at the hearing, and get her to admit on the stand that he is not always with the children. You can also ask him on the stand. If he lies and then the Judge interviews the children, that will be not in his favor.You've done a good job of documenting it thus far. Short of illegal activities, such as email hacking, etc, or stalking him to find out where is, you can't do much more than you already have. If you have email or text communication with him where he mentions that his mother is taking care of them for him, that is admissable as well.
Customer: replied 2 years ago.
I have a no-contact order against him, so we only communicate with the our family wizard web site, which I did to get him to stop verbally/mentally abusing me. He is an expert liar and he has no problem lying on the stand. I do have some work documents from his HR department which proves that he was at work and that "someone else" had the children. Also he recently did a fishing tournament which proves that he was not with the children, his name is ***** ***** leader board on the website. How do most judges feel about me hiring a private investigator to prove this? And from what I have been told, I cant file anything on the grandmother to get her to stop? Do u know of another way around it?
Expert:  originallawyer replied 2 years ago.
Hiring a PI is possible, but could be expensive, especially if you want them to testify at trial. I'd print off the website showing his name at the fishing tournament. The HR documents might also be admissible, but your attorney would be able to tell you that for sure.No, there's not much you can do to stop her. He's the one who is in contempt if he is not offering you first right of refusal.I think your best case is to present your evidence at trial that you have of him not caring for the children when they should be in his possession. That's based on my limited knowledge of your case.
Customer: replied 2 years ago.
ok. Thank you for your advice
Expert:  originallawyer replied 2 years ago.
You are welcome!