Jehr wrote:Not quite enough background to give good advice.
Please verify this assumption...She had a violent or toubled history before you were divorced, so the judge ordered her to go through the safe program as a condition for her being able to see her kid, but she's failed to complete the program? Was there anything else that is significant in your original divorce order?
She was forced to go through safe because of violence and drug problems. She threw a mad fit in a drunk stupor and attacked her mother. The ad litem told me to watch the kid for a week until things were decided so after I receieved him I filed for immediate custody and the divorce was finalized 5 days later.
Also, to make sure I'm tracking right...she's 6 of the last 8 years in prison?
Yes she's been in prison the entire time except for about 2 years. Apparently she was arrested for stealing in a dollar store attacked the manager and assulted the police officer. Released on parole then was given 2 DUI's. Wehnt back to jail for 4 years. She's recently was least in may of last year and she finally signed up for safe 2 months ago.
Now she is trying to force you to enroll in the safe program? What's her justification? I would try to find out exactly what she's claiming in that complaint.
Can I refuse to sign up without a court order?
That should be easy to fight. While she's been in prison for much of the last 8 years, you've had sole custody of the kid, and your kid is doing well with you, right? You have history and precedence showing that you're a good father. Make sure it's documented well, and your kids doctors, teachers, and what not all know you well so they can speak on your behalf if need be.
As far as not having money...since you already have an attorney who is familiar with your case, at least let him see what you're up against in this complaint before making any decisions to try to go without. When your kid hangs in the balance, it's worth taking some financial risks, know what I mean? So get more info on her complaint before making a call.
As far as child support...if your order says you guys have 50/50 joint, it's a long shot. You probably need to get the order modified to where you are the true primary custodian before seeking CS. I may be wrong though. Depends on how that initial order was set up. You can ask your local CSE office if they can start a review for CS and see what they say.
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