Visitation interference and modification TX

[Wild Cherry]

Divorce was done in Texas August 2000.  Moved to Germany in June of 2001 due to military obligations.  

Parental time for the non-custodial parent has been the following:

Summer 2002   17 Jul 2002 – 9 Aug 2002    24 days

Summer 2003 No parental time due to deployment to Iraq

Summer 2004 14 Jun 2004-26 Jul 2006    42 days

Summer 2005 6 Jul 2005 – 21 Jul 2005    16 days

Summer 2006  No parental time due to deployment to Kuwait

Non-custodial parent has complied with the decree every year by providing dates in writing by 1 April as specified by decree.  NCP is entitled to 42 days if requested if not requested 30 days to begin 1 Jul.  Every year CP has things planned and thinks up delays and just interferes in every way possible with parental time.

Summer 2006  CP has oldest SD15 enrolled in Summer school from end of school until 26 Jun 06.  SD15 is on the honor roll and the only reason for summer school is to take an extra elective during the school year.  Then CP is taking all three SDs on a cruise until 5 Jul 06 then SD15 must attend a volley ball camp until 10 Jul.

Originally NCP wanted to pick up SDs first week of Jul through second week of Aug.  NCP changes to accommodate dates and picks 10 Jul through 20 Aug.

CP counters with 10 Jul is fine but wants to go to a wedding a few days before 12 Aug and come back a few days after can girls go?

NCP declines the wedding wants to buy the tickets and asks for confirmation on the tickets and dates.  NCP states a good price for dates of 17 Aug – 21 Aug.

NCP comes back with the SDs need to return sooner.  SD15 is in athletics and needs to attend tryouts before school begins.  Turns out tryouts for the volleyball team start 6 August and if SD15 does not attend she will lose her chance to participate.  This is confirmed by the head volleyball coach.

Now CP has widdled down NCP's parental time to approx 18 days.  NCP is returning to the states this summer.  TX divorce decree required mediation before modification of decree.

NCP wants to request CS reduction.  NCP is making half of what he was making before.  

Wants relief from the constant parental time interference.

Wants to negotiate things like parental time transfer point.  Currently it is CP's residence regardless of distance.  (Yes I know stupid)

Creating medical bills without conferring with NCP (NCP needs to save for large expenses and wants to pay doctor directly)

1.  So the question with the above information (it is all documented, e-mails, receipts, etc) does the NCP have a chance at succeeding at mediation.

2.  If mediation does not work is it worth going to court or should he just suck it up for the next 10 years?

Thanks

[williaer]

I suppose mediation is as good a place to start as anywhere else. It certainly can't hurt.

How does CP "create" medical bills- either the kids go to the doctor, or they don't.

[mistoffolees]

Please post your message in just one forum.

[Wild Cherry]

Currently the decree is written that if either party "creates" goes to the doctor, says gets braces, without the other parent's input both are responsible for 50% of expensese not covered by the insurance.  So if the CP takes the child to the ortodonist and after insurance the cost is $7000.00 and the NCP had no input and does not have the funds but has to cough up $3500 immediately that is kind of a strain.

The NCP wants the language to read that if the CP takes the child for medical treatment and "creates" a bill without the NCP's input then the CP is responsible for the extra cost and vice versa.  Emergencies are a different matter.  However Braces etc should be discussed and planned for.  Both parents should have the opportunity to speak with medical personnel.

[Wild Cherry]

Sorry.

I was trying to obtain legal advice here and on the other board I was trying to obtain more of advice on the experience side of the house.  

[janM]

Unfortunately, our resident legal expert, Socrateaser, is MIA and we are trying to get a replacement.

So, any advice you get right now is not legal advice, just Been There Done That advice.

[williaer]

I understand where you are coming from- however, I seriously doubt, unless you can show a trail of abuse- that the court will make the CP "run it by you" before she makes a decision about medical care. I know braces usually aren't a medical necessity- but I don't know very many judges who are likely to deny a child braces, because one parent doesn't want to pay for them.

I'm sure the ortho will either make a payment plan with you- or will make one with the CP- and then you will have to pay her...$3500 isn't insurmountable...I know it's a lot of money, but it's not $35,000, right?