Order in place

[dipper]

My son and his ex-girlfriend split on October 25th.  On that day, we all (them, my husband, and myself) had a custody agreement signed and notarized.  My husband and I were listed in the agreement as having shared legal and physical custody.  She has multiple health issues - physical and mental.   The diagnosed mental issues are new - was diagnosed in October with bipolar, ADD, OCD, Severe anxiety, and depression.   She moved out about 10 days after having gallbladder surgery.


Shortly after moving in with her mother, she began wanting changes in the agreement.  They are changes her mother has said she wants, but the ex-gf claims it is all her idea.   A peaceful agreement has turned into a constant feud.


Luckily, I had petitioned the court for a hearing on 10/30.  The agreement was taken and presented to a judge on 11/4 and he signed it "so ordered as to custody and visitation."  So, we do have a current order. 


The ex-gf has postponed the hearing as she is preparing for a fight.   One problem I am having is she has asked me about things several times and is now fussing that I have no right to make any decisions.  I do have the right as the court order says I have legal and physical rights....but, should I push that issue?  I have told her that if she doesn't want me to answer, do not ask me.  Then she says my son will not answer...still, don't ask me.  And it is not that he does not answer, it's that she does not like his answer.


This is her week with the child.  We get the child during Thanksgiving at 11.  No one told me a return time, so nothing was put in the order.  On November 15th, she told me that she wanted the child back at 8 because we have her Christmas week and when she sees her Christmas day she plans on bringing her back at 8.  Those were her exact words... that she planned on bringing her back at 8.  Now, she doesn't remember that and demands she will keep the child all of Christmas, but wants the baby back by 6 on Thanksgiving.


This is what we are dealing with...everything she says - agreement, verbally, she wants to change.   She will not put anything into writing.  Since she left she is strictly phone calls and starting stuff.   I feel like we are living in a nightmare and it is really hurting us because this will be so destructive to the baby....


We do have an appointment with a lawyer on Dec 9th and I hope and pray we can afford the retainer over the next couple of months.
Any suggestions?

[dipper]

Sorry - the reason I brought up gallbladder surgery is she is now claiming she was messed up on oxycodone and so the agreement is void.   She was not...she goes to sleep if she takes them and she was completely coherent and making decisions that week.  Her doctor had told me that she should not need those pills after Monday of that week...and the agreement was signed on Saturday.

[MixedBag]

Not sure I understand the timing....but I do want to add this.

When my honey had surgery -- and was put under, part of his discharge paperwork said not to sign any legal paperwork for a certain period of time after he was discharged due to being under the influence of medication.

He had that in writing from the doctor -- he wasn't just "told this"....

[dipper]

She signed this agreement 10 days after surgery.  Typically, you are not allowed to sign anything within 24 to 48 hours of surgery.