I am having some serious issues with my son’s mom. We have only been seperated since November so we haven’t gone to court for anything yet. When we first seperated I was unemployed and I just recently moved about 2.5 hours away for a job. I now have a house with a bedroom for him and a stable job with a pretty good income. A while back his mom and I agreed that we would each have him a week at a time, but she has obviously changed her mind about that. For the past several times it has been my turn to get him she has told me that she isn’t going to let me see him, but then ends up giving in and I have gotten him for the agreed upon week. Well, this time she told me that her lawyer said that the only way that I can see my son is if supervised by her or her parents. I have no idea what to do. I haven’t seen my boy in a week and I’m ready to go get him and spend father’s day with him and she says I can’t see him unless she is watching me. Please tell me what I can do…
Unless there is a court order outlining visitation and requiring that it be supervised, she has no right to keep your child away from you, and you may pick him up whenever you wish. The problem with that is that it may create a heated situation which may scare your son. I recommend that you go and see him according to her parameters this weekend, and the file suit for child custody on Monday. You need to include a claim for temporary custody so that you can have a hearing in the near future in which the judge will establish an appropriate schedule.
I’m not sure of the process for filing custody… Do I just go to the courthouse? Also, she has already told me that she is going to try and get primary custody, and I’m pretty sure she has already filed for that, can I still file for it too?
If you have not yet been served with a lawsuit, you need to file one. There are self serve clinics in some counties, but I suggest you hire an attorney to help you.
Thanks for your help!
I actually called your office and left you a message a little bit ago. Ha
Someone from my office will contact you shortly.