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*updated* please help me figure out what to say

post #1 of 10
Thread Starter 
I could really use some help with this one!

Sorry about the length, but there's a lot of background to this situation, so I'm going to start with that:

Dd's dad and I were never really "together". I've posted on here before about how dd (20 months) is currently seeing her dad six days a week for an hour, first thing in the morning. Their visits take place out of doors, sometimes on the bus, sometimes around the neighborhood, and sometimes in an empty mall.

This arrangement came about because he was being a complete UAV when he visited her in my home. Also, when dd was 3 weeks old he decided he could no longer be around my older ds. Apparently, he couldn't cope when I politely asked him to stop trying to discipline ds when the situation wasn't directly to do with him--e.g. going after ds nonstop about table manners or how to properly eat an apple. When I let him know that I felt it was my job to address these sorts of things as ds's parent, he suddenly decided that he couldn't be around ds when he visited dd, which of course made visits in my house impossible.

Also, visits with dd went in that direction because dd's dad's place is a complete sty and unsuitable for any child. (By sty, I mean this man lives in a bachelor suite that is cleaned once every four months at MOST, that has huge piles of months-old laundry littered everywhere, where empty beer bottles and full ash trays are strewn about, where every single dish is dirty and growing stuff in the sink, where full boxes are piled in towers (moving boxes from his move four years prior), where low shelves are decorated with breakable knick knacks and bongs and other non-child-friendly paraphernalia, where several computers and all their various cords are set up in random spots in the room, and where he has been known to chain smoke regularly.)

Also, he exclusively uses the bus for transportation, and is unwilling to ever pay for a cab. Even if his place were pristine, it would take him 45 minutes to do his share of the transportation.

Finally, when we mediated our visitation agreement, dd was six months old, and short, frequent visits were developmentally appropriate. It was also summertime, so outdoor visits were perfectly acceptable. We agreed on four hour-long visits each week. He was unemployed at the time (had been for months and months), and then he decided to take a job where he worked on call. I agreed to open up the possible visitation time to an hour six days a week, with the understanding that his work would interfere on average a few times a week and it would work out to about the same number of visits overall. Lo and behold he was fired, started coming all six days a week, and now has a new job that generally doesn't interfere with the early morning visits, so I get to see his face nearly every day.

Suffice it to say that I think the current visitation arrangement is absurd and I can't wait for it to change. He has been unwilling to agree to anything else so far. Of course, he thinks it's fantastic. It means that he doesn't have to take responsibility for anything greater than having fun with her during her best hour of the day. He doesn't need to feed her, house her, change her diapers, care for her when she's cranky, etc., but he can still congratulate himself for being father of the year because he sees her on a near-daily basis. Apparently it "breaks his heart" when he can't see her for one day, although that doesn't stop him from canceling visits when he's tired or has a runny nose or a tingle in his back. Then he insists on taking her out into a dangerous windstorm because I suggested it might be a good day to skip a visit. The whole thing is just plain stupid.

Anyway, the absurd visitation arrangement has to change. Not just because it's absurd and no longer developmentally appropriate for dd, but because I'm going back to work in September and short visits first thing in the morning just won't work any more.

Dd's dad takes his time with things, to put it nicely, so I sent him an email back in March, discussing the fact that visitation would be changing, letting him know what the parameters of that would be (daycare days, etc.), and asking him to send me a suggestion for a new visitation schedule by August 1 so that we could discuss it and transition into the schedule throughout August. He agreed to do that.

Of course, I didn't hear from him during those five months, so I sent an email yesterday asking if he planned to still suggest a new schedule by today. He replied that "it would be easier for everyone" to keep the current arrangement going, to lengthen his public visits on his days off, and to add longer stretches at his mom's house every second Sunday, come September. He hasn't gotten his place ready for dd, and he doesn't intend to do so anytime soon.

There's no way he can keep seeing dd every day, especially since he has nowhere to see her. I'm good with the long stretches at his mom's, but it just isn't realistic for him to see dd every morning. (He can't use his mom's place for visits frequently because she lives quite far away. The bus ride is over 1.5 hours.) If he took dd to daycare M-W like he's suggested, it would take 45 minutes by bus to get there, and dd hates being restrained for long periods like that. He also doesn't seem to understand that starting daycare will be stressful enough for dd without being bumped from one caregiver to another to another, although he said he understood that toddlers and transitions don't mix well a while back.

Also, what kind of quality of visit is it if they spend the whole time on the bus or in the rain (dd came back with soaked feet and freezing hands many times over the course of the winter) or in the stupid, empty mall? What about when she's potty training? What about the fact that he sees her at 8 a.m. and no toddler-friendly place with a bathroom (like the library) is even open until 10?

Finally, I don't relish the idea of depending on him to make it every morning before I go to work. I can totally see him canceling at the last minute because he's tired or whatever, and me being up the creek until 9 when his mom arrives (she's doing childcare on Th and F), or having to rush her to daycare myself at the last minute.

Oh, and he also wants to keep things "flexible" because the job he's currently working at is only until the end of October and then he'll be on call again. (So far, even when unemployed, he has refused to agree to a fixed schedule and only did so in the past because the mediator told him he had to. My opinion is that, now that he's a dad, he needs to make his employment work for his daughter, not the other way around. He has no career and no job skills. It's not hard to find entry-level work around here, but he believes himself to be "above" most jobs, which is one of the reasons he has a long history of unemployment.)

I think what will work for "official" visitation come September is that he can have Sundays at his mom's. Right now, he works every second Sunday, but he can see dd from 10-6:30 at his mom's on the Sundays he has off. If he wants to continue to have hour-long visits on the remaining Sundays on the bus or in the park, then fine; it won't kill dd to do that once a week come the fall. If his on-call work phones him for a Sunday shift after his current contract ends, then it will be his decision whether or not to take that shift.

He can also make arrangements to take dd somewhere appropriate (like playgroup) on the Thurs. and/or Fri. that he doesn't work. His mom will be taking care of dd those days each week, and I think it's better to leave it up to her to arrange something on those days because she has good judgement and it relieves me of having to deal with him. It also means I don't have to count on him to be present or on time on those days first thing in the morning, but he can still see dd.

I'm pretty sure this will work, although he refuses to tell me what his actual work schedule is. His mom told me he works Mon-Wed one week (with Th, F off), then Sat.-Fri. (with Sat. and Sun off) the next week. He won't tell me what his hours are, just that he "can make it" to his 8-9 a.m. visits every day. Can you sense that he has a bit of power and control stuff going on?

Okay, so, here's my real question: How do I communicate to him the schedule that will actually work for dd in a relatively respectful way, and how much of an explanation should I include? I don't think having a "discussion" on this matter is going to accomplish anything but heightening conflict. He doesn't seem to get the whole "what it is to be a parent" part, or what dd's developmental needs might be. Should I still explain these things when I let him know what the new schedule is going to be, or is it useless? How would you word things?

Oh my goodness, I've written a book here. Thanks for reading, and thanks for any and all responses!
post #2 of 10
My best btdt with a control freak ex is:

Get a lawyer and take him back to court.

All of this chaos is not good for your DD. And never will be good for her.

You are bending over backwards to accommodate him. And you are making your DD make the same sacrifice.

He is the adult. He needs to suck it up.

I am sorry you are dealing with this. I know from experience how hard it is. Good luck.
post #3 of 10
Quote:
Originally Posted by FireFrog View Post
My best btdt with a control freak ex is:

Get a lawyer and take him back to court.

All of this chaos is not good for your DD. And never will be good for her.

You are bending over backwards to accommodate him. And you are making your DD make the same sacrifice.

He is the adult. He needs to suck it up.

I am sorry you are dealing with this. I know from experience how hard it is. Good luck.
I agree. You are going to have to take him to court most likely. You could try one last time to send him a proposed visitation via the mail, return receipt and ask him to sign and notarize it and send it back to you if for some reason you don't want to do the court thing. I would recommend just going to court and filing for exactly what you are proposing here. Since he does not have a safe place to keep her over night he will not get overnights at this time, but you may have to prove that if he pushes it so be prepared.
post #4 of 10
Thread Starter 
Thanks, both of you.

He's terrified of going to court. I think it'll be okay if I just tell him what's what. If he wants to start court proceedings, he can, but I'm pretty sure that a judge will recognize that my return to work and dd's development are "significant changes in circumstances" requiring a schedule change.

The real question is how to put it to him.

The more I think about it, the more I think the outdoor/bus visits just have to go. Here's what I've drafted. Please let me know what you think.

Hi Dd's dad,

No, keeping the current visitation arrangement won't work.

The developmental appropriateness and suitability of short and frequent public visits ended for dd long ago. Dd needs a secure home base from which to visit you--one that is safe, warm, and properly equipped for her. Given her stage of development, she also needs as few transitions from caregiver to caregiver each day as possible; a factor that is complicated by my return to work. She doesn't need to see you every day to have a good relationship with you. In fact, parent-child bonds are strengthened when children experience their parents actually caring for their needs--feeding, clothing, sheltering, and being there through both highs and lows.

My understanding is that you have not set up your place for dd. So, beginning September 1st, your parenting time can be on Sundays from 10 a.m. - 6:30 p.m. at your mom and dad's house. I believe you are working every second Sunday until your contract runs out at the end of October, but that you have Thursdays and Fridays off on alternate weeks. Since your mom is caring for dd on those days, you two can make arrangements so that dd can see you in an appropriate-to-weather environment. (Playgroup) at (location) comes to mind as a possible option.

I do not plan to discuss the visitation schedule any further until next summer, when dd's developmental needs and your housing situation can be reassessed. If you wish to express your negative reactions to this email, please do so by sending your correspondence to (lawyer's email address), attn: (lawyer). Thanks.

Cheers,
Me
post #5 of 10
Very nicely put. Bravo.
post #6 of 10
Quote:
Originally Posted by vocalise View Post
Thanks, both of you.

He's terrified of going to court. I think it'll be okay if I just tell him what's what. If he wants to start court proceedings, he can, but I'm pretty sure that a judge will recognize that my return to work and dd's development are "significant changes in circumstances" requiring a schedule change.

The real question is how to put it to him.

The more I think about it, the more I think the outdoor/bus visits just have to go. Here's what I've drafted. Please let me know what you think.

Hi Dd's dad,

No, keeping the current visitation arrangement won't work.

The developmental appropriateness and suitability of short and frequent public visits ended for dd long ago. Dd needs a secure home base from which to visit you--one that is safe, warm, and properly equipped for her. Given her stage of development, she also needs as few transitions from caregiver to caregiver each day as possible; a factor that is complicated by my return to work. She doesn't need to see you every day to have a good relationship with you. In fact, parent-child bonds are strengthened when children experience their parents actually caring for their needs--feeding, clothing, sheltering, and being there through both highs and lows.

My understanding is that you have not set up your place for dd. So, beginning September 1st, your parenting time can be on Sundays from 10 a.m. - 6:30 p.m. at your mom and dad's house. I believe you are working every second Sunday until your contract runs out at the end of October, but that you have Thursdays and Fridays off on alternate weeks. Since your mom is caring for dd on those days, you two can make arrangements so that dd can see you in an appropriate-to-weather environment. (Playgroup) at (location) comes to mind as a possible option.

I do not plan to discuss the visitation schedule any further until next summer, when dd's developmental needs and your housing situation can be reassessed. If you wish to express your negative reactions to this email, please do so by sending your correspondence to (lawyer's email address), attn: (lawyer). Thanks.

Cheers,
Me
I would take out the bolded, and word it differently. Something like, "If you have any concerns or questions, or would like to propose a different schedule, please address your questions/concerns to my lawyer. Thank you."

Including the term "Negative REactions" could set him off - and thats the last thing you want to do!

I would also inform your lawyer that you are doing this and make sure that there won't be any negative consequences to you for changing the schedule without doing it in court.
post #7 of 10
Thread Starter 
Good point, Thyra. I'd already changed that part to remove the "negative", but I like your phrasing even better.

I have a call into my lawyer so I can consult with her about the legal aspect, and ask her to receive his emails. Hopefully, I'll hear back tomorrow.

I also had a candid discussion with his mother about the issue for the first time today. She agreed with me wholeheartedly about the whole thing, and agreed to be the "host" for the Sunday visits as well as set up the Thurs and Fri visits. So it seems like it's all good.

Well, everything but his reaction, anyway.
post #8 of 10
Thread Starter 
Yeah, I think it may end up in court.

I sent him a versio of the above email that didn't include the lawyer part, and "suggested" the schedule rather than imposed it, just to see what his response would be.

He suddenly changed his entire tune, and now intends to get his place ready by month's end (ha!), and see her for full days and overnights there. He also insists that he see her no less than every second day, even though it means seeing her on different days each week, at different times, and for different lengths of time.

I responded by saying if he could email pics of his place by Monday, I'd be willing to discuss visitation at his place, but that he'd had over two years to get his it ready and that this needs to be sorted out a.s.a.p., especially since he agreed back in March that we should transition dd into the new arrangement throughout August. At which point he called me names and accused me of having a plan to sabotage his relationship with dd. :eyeroll

I'm meeting with my lawyer on Monday, and we'll see what she advises.

I really don't want the hassle of going to court, but he won't agree to a set schedule, anyway, even if he does get his place ready. I just can't be enmeshed in conflict after conflict over visitation. I'm not out to get him, but this whole issue has *got* to be simplified.

Blech.
post #9 of 10
Thread Starter 
Just out of curiosity, how long does it take to get an interim order?
post #10 of 10
Quote:
Originally Posted by vocalise View Post
Just out of curiosity, how long does it take to get an interim order?
That totally depends on where you are. I've seen on this board (not the most accurate source, but theres lots of people here) that some states don't do interim orders, but I had one after a few hours of negotiation between my lawyer and my ex's lawyer on our very first court date.

Ask your lawyer is the best answer - they'll have experience getting interim orders in your area.

And, if you don't want conflict, a court battle is your best bet - since once theres an order the conflict *generally* dies down since everything is defined then.
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