Can she do that???

[scmom]

Hi all, new here and I have a little problem. This is the situation. My husband has a child from a previois marriage that is almost four.  From the time I started dating him (2 1/2 years ago) we have had trouble on and off fom his first wife. She really hate me for some reason even thought I have tried to be nice to her. A couple of weeks ago she called wanting my husband to come get their son so we went by to pick him up on our way to visit relatives. Well lets just say there was a LOT of unnecessary trouble there (because she was mad that hubby did not come and pick up son the night before when he told her we had guests over and could not leave but would get him the next morning.) Keep in mind this is her time to have him. Hubby usually picks son up at daycare on his scheduled time and ocassionally I have picked him up if he was working over. Now she says that noone will allowed to pick him up from daycare for him anymore. Hubby had lawyer send a letter for her to sign saying that he can have someone pick up son from daycare or arranging a neutral public meeting place to pick up or drop off the child if he is not at daycare.  Ex refuses. Says he will have to pick him up from her house but I cannot be with him. Her husband is also not home at that time. She says she will not sign letter but that she will take him back to court. because she wants child support nd visitation his visitaton changed. Hubby has joint 50/50 custody. He has his son every other weekend from Fri - Mon(am), Every Wednesday overnight and every other Tuesday and Wednesday ovenight. She says she will now allow him to have every other weekend and Wednesday 5:00p - 8:00p. She says that because shei s not goinng to work anymore since she remarried and he won't be coming to spend as much time she also wants his child support to increase. Hubby does not want to loose th time he has with his son. Would a judge actually do that. It scares me because I know the courts tend to favor the mother in a lot of cases regardless of the circumstances. Please let me know what you think or if someone has had a similar experience.

[spinner]

It is a tough call.
you are right that the court is biaised.

My advise is: make sure you make her (ex wife) follow the order to the lettter to make sure you have 50/50 of the time. It is sad to get there but, ... if she isn't there to give the kid on time, ... call the cops.
If they won't come, mention that there could be domestic abbuse, ... they will come in doubt.

The key is to keep and be able to prove that you have the child 50/50
if that is the case they will most likely not change the status quo (I am also not a lawyer)

Personaly with my ex that is having a "power" issue too. I put a point to put an end to any of her power trips.

Don't hesitatre to have hubby tell her that since he is the "supporting dad" and have a stable familly as well, he wouldn't hesitate to go for full custody as well, .... she might re-think her approach, ...

Just my thoughts