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Can i get custody over my 7 year old daughter?

Started by shellcode, Jun 23, 2013, 05:02:37 PM

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I have visitation every other weekend, while the mother has physical custody, and we share alternating every 2 weeks in the summer.The mother has been violated visit's in the past, i was awarded make-up time back in Jan 2011 or 12 i believe...Now my court order says alternating 2 weeks but no set day or time, so I'm trying to ask the mother when can i have her? she won't give me a answer, she said if i keep texting her she going to block my number and have her number changed...This is ridicolus i have to go threw this, she 25 years old live with her mom,married,live with her parents and her husband and having another kid on the way while my daughter sleep with her grandparents...why be a mother if she can;t contact me regarding our daughter i'm willing to talk to her but she can;t do that


Probably not custody as that would take major neglect or social service to take child away. Send her one more text: "as per our court order, I am to have visitation xxx (type exactly what it says, every two weeks in summer). Please send me date and time for first pick-up for my summer visit. If I do not hear from you by Tuesday, 9am with date and time, I will file contempt of court for denial of visits and ask for make-up time and lawyer fees".

If you hear from her, great, keep it simple "thank you, see child on xx date at xx time" or "If you can not give me date/time then I will be filing in court on Tuesday"

Then go and file. You should get into court in 3 weeks so then IN THE FILING PAPERS, state "mother is refusing to allow summer visitation and will not communicate with father to set up the every two week exchange for summer parenting time. Father requests make-up time to start immediately until the Fri before school starts (or put date), lawyer fees, and sanctions from the court as this is the xx time father has used the courts to enforce a court order for parenting time. Father also requests summer dates and times so there is no future confusion of when the summer parenting time starts.

Send her a letter requesting time (registered mail) -same time as you are filing papers is fine. This along with texts/emails of her denying your time will prove you tried.

Stick to texts/emails. Phone calls you can not prove what was said. Do not call or text anymore after this last text. Maybe once a week "just calling to see how xx is doing, have her call me back when she is available". She can go get harassment charges pretty easily if she shows you are calling/texting a few times a day. You will win it in the end but it will be lawyer fees, and forced restraining order until it is straightened out.

Sorry you are going through this...is she denying you the whole summer? start time?


probably the whole summer lol If i don;t get a answer from her,I'm sorry but she not fit to to be a mother i been going through this a long time been out of court for the same bull man...I had a order of protection but was dropped because I did not do nothing, every time i speak to her about my daughter, her father has to get into our biz, there's no way talking to her about anything, i believe she has mental problems she acting like a young girl, she denies to give me her medicaid, she did not put me in the child emergency blue card, and now she won;t give me a answer about our daughter 2 weeks stay with me and writing stupid comments on facebook saying, that her father is my kids father that really upset me what mother does that? and I'm trying to talk to her making her realize that it does not have to be like this, than she want to threat with me order of protection, like come on dude im not harassing you I'm concern about my daughter....


You need to deal with her like a business deal. Follow the court order, if she does not follow it, file contempt of court papers each time and ask for court sanctions, make up time, and fees. Each time, up the sanctions. If she continues the judge will tell her to knock it off or they will switch custody.

Do not engage your ex. Business only "calling to talk to xx, please have her call me back". Talk to child. Get all other info from other sources (schools, dance teachers, doctors). If it is important have it court ordered. Next time you go back to court "father requests scheduled phone time with child every xx and xx day at xx time. Mother will have child available to take phone call or have child call back before bed that night". "Mother will supply father will child's medical card immediately and after any changes made in the future".

Medical card - ask child's dr to give you copy of their medical record, should have a copy in it :)


well i finally got a answer, she told me to get her," July 5,2012... can i still modify the court order to prevent future hassles, because that all she had to say before and all this arguement could of been avoided...i like to go back to court get a date and time for pickup and drop off?


Yes, but wait until after you get her this time or after this summer so she does not pull this again this summer. Then you would file to modify the visitation/custody plan. Reason, "This past summer, mother would not give dad exact days and times for summer pick-ups to start and threatened harassment charges for asking when he could pick up his daughter. Father requests exact summer dates and pick up times to avoid future confusion. Dad requests that his summer visits start with the first Saturday after the last required day of school for daughter at 9am. All exchanges throughout the summer will be Sat at 9AM or if BOTH parents agree to change. (JR high and HS end earlier with testing schedules for the last 2 weeks of school so she may be done a lot earlier so be careful on picking an exact date).

Another option is to change it all together and you get July, she gets August. Or you get the first 6 weeks and she gets the last two before school starts. Or put dates but might be less that what is court ordered already depending when the school year ends and then restarts.