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I'm in Idaho and my ex is in Colorado. Our daughter is with

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me for ten months and...
I'm in Idaho and my ex is in Colorado. Our daughter is with me for ten months and with him for two months in the summer and I am the primary custodial parent. During the time that she is with me, my ex sends 40-50 text messages (copies and pastes letters into text) threatening to take me to court in Colorado (we lived there when we were married and that's where all of the papers are filed) for anything that he can conceive of being a possible violation of the parenting plan. For example, my daughter saw a counselor recently and I advised him of the appointment. He claims that because major medical decisions are supposed to be made jointly, I was in violation of the parenting plan. The last time he took me to court in Colorado it cost almost $25K in travel, lodging, attorneys, and legal fees for a contempt case that ended up being dismissed. Is there a way that I can make this stop? I could do everything perfect and he would still threaten to bankrupt me constantly. Right now the threat is based on him defining a counselor appointment as major medical. Can the case be moved to Idaho so that he would have to travel?
Background: I have never been found in contempt, have no criminal record, am a full time student and veteran, active in the church, but this is just killing me!
Thank you so much for your answers!
Submitted: 2 years ago.Category: Family Law
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11/9/2015
Family Lawyer: FamilyAnswer, Lawyer replied 2 years ago
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 28,684
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
Verified

Good afternoon. I certainly understand the situation and your concern. Yes, you could always argue and try and change the venue, based upon the fact that the child's permanent residence is Idaho and has been for X amount of time and the court there, should hear the matter. Moreover, if you did prevail, you could try and go after him and ask that he pay for the fees and costs associated with the hearing, if he did not have a good faith basis to proceed and his intent was only to harass you and cause you financial harm. You can not necessarily stop him from filing a motion, since he has a right to do so if he believes that there is a violation of his rights BUT you can aggressively go after him for the fees and cost if he does and does not prevail, for a second time.

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Family Lawyer: FamilyAnswer, Lawyer replied 2 years ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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FamilyAnswer
FamilyAnswer
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Category: Family Law
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