I feel I'm at a crossroads, and I could use some advice. Perhaps a little breakdown is in order.
D-Day, September 2012.
S, October 2012.
Filed for D, November 2012.
Hired former lawyer for $5000. He never scheduled a hearing for temporary orders, only mediation, which happened in March 2013. From October 2012 to March 2013, POS averaged having the kids 5 overnights a month, never on a school night, never asking for more than that. He was dating the 21-year-old twink during that time.
In March, MOW comes back into the picture, and at mediation, POS asks for more time with the children. I argue the whole time that he can't have the children on school nights given his work schedule, but he promises to change his schedule.
POS' schedule: He worked 2 part-time jobs. At first job, which he's had for 15 years, longer than our relationship and marriage, he works 4 a.m. to 9 a.m. Monday through Friday. He has ALWAYS had this job, and it provides great health insurance and benefits. His second job was where he met MOW, and the hours were all over the place. He actually transferred locations during our 1 month false R to be away from MOW.
At mediation in March, we ended up signing an 8-week temporary "trial" mediation agreement where he could have Saturday night through Tuesday night, provided he change his schedule and wouldn't be leaving the care of the children with anyone else. I didn't know how he could do this with his 4 to 9 a.m. job, but my attorney insisted we let him try.. I felt bullied, and I fired that attorney right after mediation.
POS told me his schedule was fixed in March. He failed to do their homework or Boy Scout activities tons of times, which I have proof of.
In June, I find out he never fixed his schedule, and MOW was watching the kids while he worked. He said that he meant he would fix his second job schedule (fucking bullshit), but that yeah, he was leaving them with MOW or his brother. I told him this was unacceptable, and he promised again that he would not work Mondays and Tuesdays, so I kept letting him keep the schedule.
We have subpoenaed his time stamps from his job, but it's taking forever..
I feel like he is bullshitting me again, but I don't know how to just tell him NO! I feel like it would be against the rules to just keep the kids. I would want the kids back Sunday nights given him working at 4 a.m. on Mondays, but I don't know how to get them back.. I'm so tempted to just not send them on Saturdays until he promises to return them on Sundays, but I'm not sure if I can do that..
We went back to mediation in July, which was a bust, and that's when our temporary hearing was scheduled for the end of July. We went, but only had 30 minutes and ran out of time. We showed the judge tons of evidence that he is rude and curses me out and is unreasonable and that he has disparaged me in text messages to my son tons of times ("Mom's a bitch. I don't trust mom. Tell mom she's blocked. I'm not talking to mom. Tell her to send a letter in the mail," etc...) We also proved he tried to change the schedule NUMEROUS times going through my son's phone. The judge just said we ran out of time and we need to grow up and come to some agreements. But he did tell POS that disparaging me to the kids was "terrible parenting."
So yesterday, POS starts emailing me telling me the schedule will not change, even though school starts on Monday. (He also asks me when the parent teacher thing is. I'm not his fucking secretary anymore, so I just tell him it's on the school website). I keep telling him that he needs to stop lying about his schedule and just let me have the kids during the week and every other Friday, with him having some days after school until 8 p.m. He just refuses and says that he will get the kids taken care of and that the schedule won't change, with him having Saturday nights to Tuesday nights. He is now completely lying in emails to me, baiting me, trying to get me to defend against things that are off topic, and telling me to just talk to his attorney.
I've spent over $12,000 in attorney's fees so far, so as much as I just want to ignore the pigfucker, it would be so much easier if he would just agree to the schedule I'm trying to give him, which is as much time as possible when he's not fucking working. I REALLY want right of first refusal, but apparently it's something we would have to agree on, which obviously he wouldn't since he wants to let MOW watch them.
According to my son, he apparently just got fired from his second job for "making too much money." He promises that he will cut his hours at his first job and not work Mondays and Tuesdays to watch the kids, but he shouldn't be doing that either!!
I'm just so lost. I don't want to just give up and let him have the schedule he is asking for and has been having. He's an illiterate dropout, which is so obvious from the spelling mistakes in his emails, and he's so incapable of taking care of homework or Boy Scouts. I was a straight "A" student, and I have a BA in Management and studies in the medical field, which is what I do now.. He is an "I don't care if I fail" student, and I don't want my kids being like that!!
My attorney has now suggested a GAL, but he says it is expensive. I feel like I have enough damn proof to make a judge realize that I'm the better, more stable parent in every way. POS wants a cookie for doing what he is SUPPOSED to do ("Look, I did their homework one time!") He is struggling so hard just to do the minimum that is required for taking care of the children..
I swear, if it wasn't for the child support, he would never be asking for this many days, and he admitted to as much yesterday in an email, saying, "Look, I'm just not giving up any of my overnights."
In my state, child support is based on overnights and income, and he's had four financial affidavits, dropping his income every time, and now I expect another one coming since he lost his second job. I mean, WTF am I supposed to do??
I so want to go completely NO CONTACT with him, but I also want to just agree on some stuff with him and stop fighting in court. I'm already over $12,000 in, and I haven't even gotten temporary orders yet. Does this ever end?? I realize fighting over money is silly since you waste it all on attorneys in the end, but you just can't put a price on the welfare of my kids..
Should I stop fighting and just let the bitch get my kids to school or let him cut his hours? Neither of those is acceptable to me!! Can't I just talk to a judge and show them what's up??
I guess I just need the motivation to keep fighting if you guys think I should. He's a horrible fucking parent. He lets them curse all the time. I already called CPS on both him and MOW for their "games." He forces them to keep secrets from me, most recently a video game with cursing that my younger son admitted to.. And he is STILL forcing my older son to send messages to me, most recently to ask when the parent-teacher thing is and to tell me "Happy Anniversary." Why can't he stop putting them in the middle?? Why can't he just agree to a schedule that is best for the children?? He's lucky if he's good enough to be an every other weekend type parent. He is DEFINITELY not good enough to be a 50/50 one..
[This message edited by ButterflyGirl at 12:00 PM, August 8th (Thursday)]