I'm taking my ex back to court for non compliance with our custody order. What should I ask to be done?

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My ex hasn't followed our order at all. She still drinks around our child, leaves the kid at home and goes out, won't pay half of any medical or sporting (which it says in agreement we must equally divide), witholds holidays, she's late, harasses via text message, all things are specifically said not to do in agreement. Can I just ask for sole custody already? The child doesn't want to live there anymore either. What do I do?

Attorney Answers

2
Kathleen C. KingCincinnati, OH ·
It is best for you to hire an attorney to help you with this. In addition to asking the court to find your ex in contempt of court, you can ask the court to sentence her to 30 days in jail with a purge order of paying the amount of medical and sporting expenses equally, as stop harassing you via text messages, etc., etc. you can also ask the court to order her to contribute toward your attorney fees. Make sure that you have rocksolid proof available for your attorney to work with.
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Renee Busse ·
Your first step will be to file a motion for contempt. There will be a couple of hearings involving testimony from both of you. An attorney can assist you in this process. Getting sole custody is another matter entirely, is a much more complicated and contentious process, and will definitely require the assistance of an attorney. Whether your child's opinion will be taken into account depends mostly on the age of the child, but also the maturity and ability to make large decisions. In most cases, the child's wishes will not be controlling on their own. Obtaining sole custody requires a great deal of litigation, and a decision to pursue this route should not be taken lightly.
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