Wife never liked my visitation so she is taking me to court

[bigfather04]

Hello:

What do you think?  

My ex wife was awarded physical custody and I have visitation after a bitter divorce.  We both have joint legal custody.  The final custody order has been in effect for 2.5 years but within three months of that date she took me to court because she wanted the power to send our two children to daycare because I would not give her time from my visitation schedule.  The judge got mad at her and further strengthened the after school visitation order "until the mother comes home from work." Whenever that would be.  

Now she is again taking me court because she claims I "traumatize, confuse, and cause angst" with our now eight year old son and 11 year old daughter which is not true.  She also claims I do not allow the children to call her, do not tell her where we are when we are out of town, usurp her "custodial rights" as a parent, and fail to return the children to her on time (I have never been late).  She also wants more money.  I have 20 great affidavits to show none of this is true.

I was awarded the following visitation with my children which had to do a lot with the history I had with them because I am a teacher and always took time to take them on trips with our absent mother.  
-Every first, third, and fifth weekend of the month defined by a Friday.  I even get to take them to school each Monday morning that I have them.
-The entire Thanksgiving Break each year.
-Rotation of ½ of the Christmas Holiday each year
-Each Spring Break
-The entire summer except she gets one weekend per month.
-Each and everyday after school until "the mother comes home from work"
I have them 48% of the time if you count the after school time not associated with any weekend I would have them anyway.
I am a good man and had 36 affidavits and thus lots of good witnesses at the hearing.  Now she is claiming what I mentioned above.  I think she wanted me to settle because she sent my lawyer a letter trying to settle with wanting the power for others to pick them up (boyfriend) and a few weeks during the summer and rotation of Thanksgiving.  However, now she is saying in essence that I hurt the kids so I only offered her one full week but I wanted joint physical custody in return.  She said NO to my deal so I am asking for physical custody.  Why?
1)   I have a book of emails from her in the process of moving 50 miles away to change my visitation last year.
2)   When that did not work she started the process of putting them in private school (Catholic School-we are Baptist) until I agreed to give her more time.  She even took our kids for testing at the school.
3)   She sent her boyfriend over to intimidate me wearing his gun to my home when he has never come to my home at anytime to take the children from me.
4)   She gave me the children 60% of the time the last 12 months because she was out of town and did not want to take them to church.
5)   I provide the transportation to all Dr's appointments
6)   My daughter (11.5) signed the papers to live with me because she is tired of her mother trying to change her life.
7)   I am the one for the last 2.5 years that is taken them to church-she never does and my daughter will be baptized next month.  We live in rural Georgia so that is a big deal here.
8)   Her boyfriend and his two children live 7 houses apart and my children have issues with him and the children.
I have a great lawyer and this is her forth one.  She found out three days ago that the same judge was going to hear the case and then "was not ready."  However, my lawyer sent him a letter to hear the case because it is will be clear that she is "judge" shopping.

Do I have a good chance to get custody?  

[Kitty C.]

..in judges.  The judge you start with is the one you stay with, so she's SOL there.  Also, to modify an existing custody order practically takes an act of God.  It sounds like you have good documentation and she already has a bad history with the judge.  Now, I'm not saying it will be a slam-dunk for you, but it certainly will be difficult for her.

As for primary physical custody being completely changed to you, that depends..........mainly on how pissed she makes the judge.  With her history and how mad she made him last time, it's always possible, but I think it will be more dependent on the whim of the judge more than anything else.  At the very least, he might tie her hands even further and give you more parenting time.  Also, since you practically have a 50/50 split in time right now, do NOT consider your time with your kids as 'visitation'.  You don't 'visit' your kids, you 'parent' them.  It's called 'parenting time'.

One other thing............do NOT give in to anything else to her, unless it is court-ordered.  Idiots like her use intimidation and blackmail to get what they want.  If you fail to give in to her personal demands, without the benefit of it being specifically ordered by the court, there's absolutely NOTHING she can do about it.  BUT if she tries to retaliate by doing something that is NOT allowed by the CO (like not allowing your CO'd time with your kids), then it is your responsibility to call her on it by filing a contempt charge.