Legal Opinion
Have you filed a Response to the Motion to Modify Custody?
Nicole and her attorney’s refusal to allow you to leave the children with their grandmother is a denial of your parental rights in the Parenting Plan and a violation of the terms of the Parenting Plan, specifically, “each parent shall make decisions regarding the day-to-day care of a child while that child is residing with that parent, including any emergency decisions affecting the health or safety of a child; decisions that affect the other parent’s parenting time shall be communicated promptly.” You have a right to decide that it is safe for the kids’ grandmother to pick your daughter from school whenever the kids stay with you.
Holding the kids down and putting soap into their mouths for lying amounts to abuse. That is a ground for change of custody. When did the abuse happen? Did the therapist inform the police about the abuse? Would any of your children be willing to testify about the abuse?
The actions of Nicole seem to amount to fraud. Did she use your full name or only your last name to open the account? It may be a bit difficult to compel the change of Nicole’s last name by a motion. Only Rebecca can do that via a petition. What you can do is file a complaint against Nicole for fraud and unjust enrichment then request the court to compel her to drop your name.
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