Hello, all
My son's mother and I have a verbal agreement to share custody with our son. I was late to pick him up Christmas Eve (I was to be there at 7:00 pm but I got there at 9:00 pm) and she denied me my visitation and said come back at 11:00 pm. I thought this is too late and out rageous. So I ultimately told her I would pick him up Christmas morning. On Christmas I called before I was to pick him up, but she said they had left town. That Sunday she said I could get him if I made it to her house by noon. I was over a hundred mile away from and it was already 10:30. I didn't get him Sunday. I called her monday morning and said I would pick him up on Friday. Our custody agreement is to have him 50% of the time and we pick/drop off every friday (typically). She now will not allow me to see him at all and said you will see him when we go to court. What should I do? Does any know?
Do you have a court date? What if any visitation papers do you have now?
we never went to court we just went on verbal agreement. I have not been issued a court date. This all just happen Christmas Eve.
Are you still married?
If you're married why are you not living in the house?
We need some background on this.
No matter where you are in you Custody CASE you must Document, Document and Document.
Read everything from this site.
SPARC Visitation FAQ
http://www.deltabravo.net/faq/visitfaq.htm
SPARC Divorce FAQ
http://www.deltabravo.net/faq/divfaq.htm
hell just check out:
FAQ Center Categories
http://www.deltabravo.net/faq/
Thank you for the website-I hae been there today and looking further.
No we were never married-I had to evict her because the relationship was becoming physically and mentally abusive to myself her and especially our son. So I evicted her after asking her to leave for 8 months and not receiving 1/2 of the mortgage (my house) and having her say the only way I will leave is if you evict me or when I am good and ready.
I will go and file for Joint Legal/Physical custody so I will have rights to my son's upbringing-I will let her file for child support. Do you think that would be a good way to start.
I strongly recommend an attorney if you are unfamiliar with Family Court. Have you documented your time with your son? Can you show a paper trail of care giving? Doctor appointments, school, things like that. Without a CO in place, she can deny you.
What State?
Why did you miss the pick up? If you don't mind my asking...
Yes I have recepts from his daycare that I take him to-I do ahave a paper trail of my care for him. Christamas Eve my parents car broke down in they were out in the cold. So I had to make a choice, get them takle them home then pick up my son and be late or leave my parents out in the cold and get my son then go get my parents.
Oh I was l;ate to pick him up I didn't miss it, but even when I got there she would open the door. She told me since I made her miss here appt. I had to wait untill 11:00 pm whilel she just sat in the house with my son looking out the window at me.
Gosh, you sound like you have the twin of my PBFH. even 5 minutes late and I would have been denied too.
You had a very good reason. I was just wondering. Since she went to a great pain to deny you. Did you think to stop and get gas, get a receipt in her town.
How old is your son? Bet he did not favor her doing this...
"Children learn what they live"
There is ALOT going on here.
First you really need a lawyer. A child out of wed lock the mom automatically rules.
Yes you must establish your parenting rights. However bring a parenting plain to court. If you have been seeing the child regularly then offer a 50/50 physical, legal custody.
Just in case the judge does NOT like your first parenting plain, create a step-up parenting plain which gives you 50/50 custody after so much time.
There is so much more I could say.
Read all you can.
Visit Custody Reform
http://www.custodyreform.com/
Read there FAQ.
She is more than a piece of work. I sincerely thinks she needs help she is mentally unstable and explosive on any and everyone for very minor things. My son is 2-I never thought to get a receipt to prove I was there. Good point I will do that for now on out.
Your so so right children learn by example and process-I just hope I wil be better as he ages and understand what's going on around him.
Thanx
I am going to do the foot work for applying for Joint Physical/Legal custody.
Another major problem is that befoer she left I found out she was pregnant. So I have another child coming-I am unsure how to handle that she says she doesn't want me to have any right to the child or be involved. I am not falling for that. So I will do the same once the child is born (applying for Joint P/L custody) I will ultimately have a lawyer once the hearing or mediations began.
Thanx for rec the parenting plan I iwll definitely develop a plan and a contingency plan.
Thanx
Since you have a second child I would start the paperwork for establishing paternity on the new little one coming, also since their are more than once child I would try to make it so you have the kids at the same time so they can get to know one another.
**These are my opinions, they are not legal advice**