Custody/Visitation Issues

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anxiousmom

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I am Mom. Dad and I were never married and I left when our daughter was about 4 months old. I left after a domestic violence training left me well aware of the situation in which I and our child were and were heading toward. All abuse was verbal, to that point, and controlling behaviors, such as the classic suicide and taking the child threats, and I did not want to chance putting our daughter in the middle of what could have quickly and easily escalated to physical abuse.

Our child is Dad's second child. That mother extremely rarely communicates directly with Dad, if ever. She is also unaware that Dad had planned for a friend of his to shoot and kill her so he could gain custody without being held responsible for her death. Fortunately for his plan, the person he was planning on using passed before it could be completed, if it ever were to be. He is highly unpredictable.

He has limited visitation with both children, more with our child, his younger child. Our child is 3. Our child spends about 35 hours per two weeks with Dad and the remaining time with Mom. This includes one over night visitation period for Dad.

Our last court date only made it through Mom's testimony, so we're not due back, again, for a day certain hearing for another month and a half. We had a back up date, but the judge was unavailable, which considering recent events, was probably for the best, however, the recent events are what caused a large issue to date.

Father has been known to cause issues with his other child's daycare. We used to use a no-contact exchange program that is no longer in service. Father refuses to pick up our child from anywhere Mom can provide, except from Mom if Mom is alone. Mom was able to get her neighbor to do 3 of 4 exchanges, but the neighbor cannot do the 4th one, so Mom got a daycare provider to agree. Dad has been unable to provide a definite place for them to occur, as his babysitter is not always available. Dad wants Mom to extend the visitation and drop the child off before work and pick up the child after work alone at Dad's house. Dad has caused issues in the past doing exchanges with Mom, including discussing adult and court matters in front of the child. There is a current order about communication that says ALL communication between the parties must be about the child because, no matter written or verbal, Dad cannot keep communication solely about the child.

Dad has harassed a local developmental agency, when our child was younger, for a month, threatening their jobs. Dad has harassed his other child's daycare repeatedly and used a social media to not only publicly defame that day care, but to also deliver veiled threats toward Mom about sneaking the child somewhere prohibited in our court order, among other things. Dad has created issues at Mom's job by calling numerous times trying to get Mom's personnel information, as well as trying to get a supervisor at Mom's job fired (Dad solicited information about the rumor mill from this person, got the information, then told her how DARE she give out that information, as it was confidential). He has also used the social media to post things directed at Mom using the supervisor's first and last name, position, AND location of work. He has also at least stated that he was either calling and/or going to Mom's old employment from about 10 years ago, trying to get personnel information.

The latest occurrence happened after the no-contact exchange program we used closed. Mom found a day care for Dad to drop off our child and Dad made a scene the very first time we used the provider, f-bombed off the porch, then got into the car with his own mother, drove around the block, and stalked the day care. He then filed at least 5-6 frivolous violations on the provider. The state supervisor came the next day, investigated the claims, took photos, and spoke with the provider about the incident. He can no longer go back there because they feel he is unsafe to be there. Mom is having issues, now, finding a provider who (can't blame them) will take the child for the exchange because they don't want that liability.

So, now we have Dad, who was fired from his job because of one of these types of episodes, without work for over a year. Mom may be able to go from part time to full time soon, which would most definitely better the lives of the child and Mom, but due to the issues, can't find a daycare to do the during-work-time exchanges.

Any help would be appreciated.
 
And yes, some of you know this situation from the other forums. I'm just putting it out there again to try and get as much information as possible.
 
End goal is the same, Pro. I want the child to be safe, I want to improve communication, I don't want the child to be exposed to things, like last week, when Dad said he was taking her from her mother in front of her. The current motion is for a full psych eval, the use of OFW for communication, and for full legal, considering Dad either refuses to show up for health-related appointments or creates issues when he does. Now we have a state agency that doesn't want him at one of their daycares (and possibly two).

I want kiddo to have a positive relationship with her dad, not the way it's been so far and he doesn't seem to understand that creating these disturbances in front of her, especially, is not best for her. I would be willing, if full legal is granted right now, to ask it be changed in the future provided the behavior changes so that decisions could be made in our child's best interests. Right now, issues have been created by these outbursts at numerous agencies, which isn't fair to our child. If the behavior doesn't change now, it will continue when the child is in school. I would to try and keep things positive and as stress-free for the kiddo as Dad and I can. Situations where Dad is screaming and threatening right in front of her don't promote that.

Different name on this forum to try and keep us safe, by the way. My other one was too close to things I use for other things.
 
If I understand correctly you do not yet have a custody order that you or bound to, or if there is an order it does not address pickup locations and who is responsible for transportation.
Until such an order exists it is Dad's responsibility to pick up the kids at the appropriate time wherever they may be. As long as you are not deliberately obstructing his access to the kids you wont get in trouble. It is not your fault that he is not permitted on the premesis of the day care. You apparantly have no obligation to deliver the kids to him. The more you cater to his demands the more demands he will make. Until the court orders you to do something you do not have to do it. Dad can wait and be inconvenienced until a solution is agreed on in court.
In the mean time get these issues addressed in the custody order and then stick to it.
 
We do have specifications in the court order that the child is exchanged through the no-contact exchange program, but the program discontinued a couple months ago. We've only made it half way through our trial, so, though it's been put out to the court, there is no finalization, as the judge strongly recommended Dad not end things that day, like he wanted to, but took some time to put together a response, which is completely fair.

The issue we're having right now is only on one drop off by him. My neighbor exchanges the other times but cannot do it that time. So the issue would only be Dad dropping kiddo off and that's what makes it difficult. And it's not the first time, nor probably the last time, he's created havoc at a daycare or a public agency and that's what is making it hard for me to find a daycare for that specific day because daycares don't want that liability. I am allowed, and our child is allowed, to use the daycare, still, so any other work days are taken care of. The only issue is his interaction with daycares and other places has made it highly difficult to find somewhere that will allow him to drop kiddo off.
 
This is more dad's problem than yours. If he can't pick up the child due to his own behavior problem then he can either forfeit visitation on those days or wait until later when someone else is able to do the exchange.
When you get back to court you can address this problem. This is not your fault and there is no need for you to keep changing day cares because dad can't behave himself.
You wont get in any trouble over this. It is dad's fault.
 
Well, mom, here is a suggestion that is fool proof and free.
You can arrange for ALL child exchanges to take place at the local police, sheriff, child protection office, or courthouse.
Doing it that way (especially at the police station or sheriff's station) is safe, convenient,and keeps everyone on their best behavior.
The police are courteous, polite, professional, and don't tolerate shenanigans or misbehavior.
Ask for it at your next court date.
It may cause some extra inconvenience,but eliminates anyone causing trouble
 
The police station has been brought up before and I've thought about it, as well. I definitely think it's safer from any physical altercations. Any verbal ones, though, which is the largest problem, will remain he-said/she-said that way and I can't leave work every two weeks at the time of pickup. Most jobs frown upon that.

The thing is, you're definitely right on orders needing to be very succinct and to-the-point. I just had a discussion with my lawyer (it's difficult as hell to get in touch with her because she is one of the best in the area, so she is almost ALWAYS in court) via email about one particular clause in our order about notification of change of plans. Before the agreement that we made, the order said 24 hours notice. The signed agreement says, "as soon as possible," that one party must notify the other party of any change in plans affecting visitation periods, or they are in violation. That's about as ambiguous as it gets, honestly, and any ambiguity, will be taken advantage of by him. I am the sort who was raised that it's polite, unless in case of emergency, to allow people at least 24 hours notice of any change in plans. That's not a hill to die on, so I don't usually make a big deal out of it, but I'm out a couple hundred dollars because it's things that are pre-paid and difficult to make up because I schedule it around visitation, as I should, and there are limited times for make up days. It's annoying, but not something to make a big deal about. But it's also an example of ambiguity that makes things difficult. Because not only are the cancels sometimes an hour or two before the visitation period, but asking for the makeups are also usually less than 24 hours.

All I really want to stop is the outbursts he has in front of our child in public places, making it difficult for us to obtain child care. It's not fair to our child and children her age don't understand, nor should they need to. There is a patterned history of these outbursts but most choose to just allow it to happen, so it will continue to happen. I've just come to refuse to communicate with him when he is like this because it's not constructive and he calls or messages during times when he knows kiddo is awake and she doesn't need to hear it and I need to pay attention to her, not to however he decides he wishes to harass me that particular night.

I'm actually re-taking the co-parenting class to see if there is something I missed and I'm always seeking information from as many different sources as I can, legal and not, to try and see what options I have to work on a remedy for the situation. I've calmed down, myself, a great deal from even just a few months ago, and immensely from the time I left until now, thanks to my therapist as well as some of the members on here that I "met" on the other forums, but I don't think the base anxiety will ever go away, because of the incredibly strange dynamics of the relationship that changed once I became pregnant.
 
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