URGENT!! court papers what to file?

[worriedgirlfriend]

We are going to file court papers tomarrow. What do I need to do. We are already going to try and lower his CS. We want custody. Sice he hasnt seen his son in 8 months I read we should file "motion to show cause". What is this and is it right for us. Another this is temparary custody. Should we file for all three? What is the differance between temparary custody and "motion to show cause"?

[worriedgirlfriend]

We are going to file court papers tomarrow. What do I need to do. We are already going to try and lower his CS. We want custody. Sice he hasnt seen his son in 8 months I read we should file "motion to show cause". What is this and is it right for us. Another this is temparary custody. Should we file for all three? What is the differance between temparary custody and "motion to show cause"?

[sherrie ohio]

Why hasnt he seen his son in 8 months? Little more detail.

[worriedgirlfriend]

She wont let him see his son. Every time he trys she tells him no and he wont stand up to her. If he calls to see if he can go over to her house for just a quick min. she says no. If he want to take him for the weekend she says no. We were hoping she would grow up and get over it but I know how important a dad is. She dont like me and that is the main reason she has given that he cant see his son. She has met me once and it was over 2 years age.

[sherrie ohio]

Can you show proof that she wont let him,or is it his word against hers?Without some type of proof i dont know.Someone else on this site might be able to give you better info,and know alot more than me.But my advise is to find out your countie's standerd visitation shedule and ask for that.Alot depends on the childs age,and how much a part of the childs life he was before.Their not likely to grant custody without proof of her being a bad parent or severe alienation toward him.The longer he waits to make a move the worse it will look on him.Wright down all and any contact with her,and if you have phone records keep those to show proof when you go to court.They will show he tryed to make contact.Depending on the age of the child.They will most likely give him every other weekend,with time at the hoildays.And if the childs of school age visits in the summer/spring break for longer preiods.This is just my thoughts im not a lawyer.Dig in your counties web sight.Under "Guidelines for Allocation of Parental Rights and Responsibilities"it will help alot and also let you know what to ask for.And keep coming back to this site,you get great info and find some real nice people.

[sherrie ohio]

P.S they wont change they amount of support because she wont let him see the child.He has to prove theres a change in circumstance.Loss of job,injury ect.Or her income has increased,hers not her spouse's. Just my thoughts.....

[tom_rose]

My husband is going through the same thing. We are in Il and he has filed a motion for Emergency vitiation, we are also looking at getting sole custody of the 3 yr old. My husband has called the police 2 times and made reports seeing that he has a court order to see the 3 yr old. he than went to file the motion, he had to send copies to the mother,attys and others in regards to this. He has also started keeping a journal on the calls and visits. You need to document everything and have a talk with the police if you have a court order than file the reports and motions the more you can get on the mother the better it is for you.