visitation interference 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

[mistoffolees]

>
>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.

IMHO, mediation is always worth a shot. First, the cost is much lower than litigation. Second, there's a chance that a good mediator can reduce the adversarial nature of issues.

You don't have to agree to anything if you don't wish, so you can't lose (other than the few hundred dollars it costs).

Not to mention that the judge won't even let you in the door unless you've at least TRIED 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?

No one can answer that for you. However, the things you need to weigh are:

1. Get the state CS calculator online to see if you're really due a CS reduction. If so, this may pay for some or all of the court cost.

2. If you have a court order that states that you're entitled to a certain amount of time and the other person is not providing it, you're simply going back to court for enforcement, not to change the order. That should (at least in principle) be much less expensive.