Hurtandbroken987
Run this by your attorney but this is probably how I would approach this.
She is trying to goad you. That is the only goal. This isn’t the first example; we also have how she changed schedules to inconvenience you. So… use her actions to your possible advantage.
You can’t prevent her from being crass and tasteless, but you can accumulate evidence of her behavior to strengthen your stance for factors like the family home, prime residence and prime custody.
To do this then keep some things in focus:
Remember that you two are divorcing. That leads to the logical conclusion that you are releasing each other from some expectations related to a marriage. One of the being fidelities. There really isn’t much you can do to prevent her having OM over, talking to him openly on the phone or describe in great detail how he get’s her off. It’s bad taste and extremely stupid, but it seems she’s already shown she has both those qualities in abundance.
What you CAN EXPECT is that you two do your very best to minimize the trauma of divorce for your children.
Present a WRITTEN, logical and reasonable list of expectations on how YOU BOTH should act around your children. This could include:
- A parenting schedule dividing days for getting them started and/or pickup.
- Weekend expectations.
- How to handle deviances from schedule.
- Who can substitute if required.
- Who the kids can be around…
Make sure that it’s clear that this schedule is the basis to work by while you two are living in the same house. Make sure it is mutual – for example: “Neither of us will introduce our children to anyone we might be dating” and “We will both avoid all conflicts or abrasive/abusive behavior that the children can witness”.
Make certain you deliver this outline in a traceable form. For example, send an e-mail and even have a print-out on the fridge. Don’t give her leeway to deny its existence. Take care that if a neutral person were to read the schedule (i.e. a judge) that person would nod his head and think it was reasonable and aimed at the children’s welfare. Whether she accepts the schedule or not isn’t really relevant – if it’s reasonable then her refusal will be seen as a lack of focusing on the children’s well-being.
Be open to change: If she wants to work early on Fridays rather than Wednesdays and you can accommodate that then fine.
Once that is in place… DOCUMENT ALL VIOLATIONS.
Not only that – make the documentations traceable with e-mails.
“Wife – You were supposed to pick up kids yesterday but I got a phone call half an hour after the scheduled time informing me I had to do it. Please stand by the schedule and if you need to deviate then give me as much advance warning as possible.”
“Wife – OM was in our residence last evening. Even though the children were asleep there is always the risk that they need our attention and it could be traumatic for them to encounter a strange man in their home at night.”
If she replies – don’t answer. Its not really relevant.
What you want is that when it comes to custody issues you have a stack of notifications where she hasn’t stood by a reasonable expectation list.