[Anne_Higgins]

I am primary custodian... Non-primary has e-filed an "Emergency Hearing" and/or Visitation Order on an Order Shortening Time. Non-custodial will be claiming that I am not adhering to previous court divorice doc's referring to visitation days and hours, all of which is purely fabrication and lies. I have actually allotted extra time on many occaisons, which are documented.
Non-custodial notified of court date by text message on June 22, 2010 court date is July 1, 2010. Are there time constraints for notification and is a simple text message from plaintiff considered a valid..
Non-custodial is currently violating existing court order for child support monies, non of which have been played to date... + 6 months worth.
Non-custodial has violated existing court order for time alotment [every other weekend] on numerous occasions; all of which have been documented by me.

What should I expect, and do, to stop non-custodial from convincing judge of false claims concerning time of custody and of gaining further custody?
Thank You very much, Anne.

[ScottGem]

First, support and visitation are separate things. So don't try to bring up support issues at a visitation hearing.

So you show up at the hearing with documentation proving you have had the children available whenever the court order stated it was his turn.

[Anne_Higgins]

First, support and visitation are separate things. So don't try to bring up support issues at a visitation hearing.

So you show up at the hearing with documentation proving you have had the children available whenever the court order stated it was his turn.

OK...But the non-custodial will be laying down all sorts of personal false claims against me, you have no idea how this p.o.s. can run his mouth !... and convincingly too!:(.... So, that said, what sort of documentation is going to be most convincing? all I have is a personal journal where I've written alot of his BS and antics down...is it acceptable in court ?

It sounds like this is a "He said/ She said " fiasco in the making...

[ScottGem]

Your journal will help. But it will be up to him to prove that you did not make the children available.

[Anne_Higgins]

Your journal will help. But it will be up to him to prove that you did not make the children available.

OK... So, he - [non custodial] will be fabricating dates and times of what did not actually transpire ... Is that the sort of "proof" that the judge will be looking at? How do I refute BS like that?...I'm very grrateful for your assistance on this, btw... Anne.

[ScottGem]

What does the current visitation order state?

[Anne_Higgins]

What does the current visitation order state?

every other weekend starting at 3 p.m. on Fri and ending 7pm. on sundays ... specific holdiays shall take precedence over weekends, with even # years stay with non-custodial, odd with me.

You should know that to date there have been few to no exchanges that have gone according to court doc's... usually he has simply ignord these time frames, OR I have acquiesed to additional times[s]... or it was a matter of convenience for either of us... SO there has been a significant amount of give and take... up to date... It seemed easier at the time... perhaps this set precendent>?

[ScottGem]

If the court orders have been modified by mutual agreement then he has little to go on. Tell the court exactly what you wrote here.