Visitation situtation

[mattie]

Hey Soc

I live in NJ -My ex-wife and I have a custody agreement and I get EOw visitation from Friday at 6 to Sunday at 7. She has always been remiss about this agreement but lately I have gotten tired of it

Two Fridays ago she was angry because I refused to agree to an increase in CS-so to get back at me she calls my mother (which is the drop-off spot) and begin shouting at her saying she would not bring him. My mother finally tired of her tirade and said she would not listen to anymore and hung up. I never received my son-

So Saturday I document it with police and then texted her"Where is he"--you are now 12 hours late for drop-off). She texted back my mother was rude so to prevent conflict she kept him-Dropped him off 4:00 p Saturday(she never goes into my moms house just leaves him outside and let's him ring the bell so my elderly mother was not a deterrent).

This past Friday-I texted her "Can you have him to my mothers by 7:00 (giving her a 1 hour buffer ) I had a basketball game I wanted to take him to. She then texted back she was having car trouble-so I texted back ok I'll have him picked up where is he--no response from her. He ended up being dropped on my sisters doorstep at 12 midnight that night  My son later told me they had no car trouble she was in the bed and didn't want to leave without boyfriend

I have little time with my son and even that is being shortened

My Question: Do you think these text messages are enough to prove she is habitually encroaching on my time.

Can this along with the fact she refuses to let him call and has thrown out my court ordered cellphone be enough to to seek custody or is this a long shot?

[socrateaser]

>My Question: Do you think these text messages are enough to
>prove she is habitually encroaching on my time.

You will need both your mother and sister to testify to the time when the child was dropped off. The text messages may or may not be admissible, depending up whether or not you can reasonably authenticate them as actually being between you and the other parent, to the court's satisfaction. This sort of evidence is discretionary as to admissibility, so I can't really tell you in advance if the judge will allow it.

>Can this along with the fact she refuses to let him call and
>has thrown out my court ordered cellphone be enough to to seek
>custody or is this a long shot?

Looooooong Shot. If you can prove she threw away the cell phone that would be contempt, and if you can also prove these routine interferences that you've just descibed, the combination might be enough to get you a new custody eval or maybe an order that the mother submit to a psych exam (and you as well).

It's still an uphill climb, but not impossible -- just don't bet the farm.