I am a soon to be stepmom (hopefully) … My fiance’s son is now four years old and we have not been able to see him since Easter 2008. When the mother of his son found out I was expecting our daughter she changed her phone number and changed his daycare. We do not have an attorney and filed visitation papers on our own in September, the order was counterclaimed by her attorney stating she is filing for full custody. His father has been paying child support since the child was four months old. We have court coming up on November 29 and we are considering getting the custody order continued until we can get an attorney. I am concerned about how to go about asking the judge for visitation until custody is established?? Will they be sent to mediation first?? Please help!
Yes, you will be sent to mediation before the permanent hearing. You will also have a temporary hearing 30-60 days after filing for custody which will outline visitation until such time as a permanent hearing can be had, which can be a year from initial filing depending on the calendar. Most of the time, the temporary custody order is what remains and the parties do not even go to a permanent hearing. If she is represented and is seeking full custody, I would strongly urge you to find representation ASAP.