Getting Custody of My Son

My question involves a child custody case from the State of: Maryland

Hi recently me and my son mother broke up. She decided to take it to the extreme and get a protective order on me not allowing me to have contact with her or my son. When we went to court the judge denied her protective order and granted mine giving me visitation. While in court she told the judge she would not be leaving the state and he told her that she could not and gave me my days for visitation. I have not seen my son in 2 months. She fled to a totally different state, she got away with it because the lady who typed up the order didnt put she couldnt leave in the order but the judge remembered what he told her.. My son is 4 months old now, and i put in for a contempt of court since thats all i can do right now and the judge said he couldnt do anything because she was not served. so i put in another contempt of court order and this time she was served. We have court in a few days and i really want to make sure i can see my son i miss him alot. there are way to many fathers not trying to see their children and she is depriving me of being a father. what can i do to make sure i get to see my son or at least have him primarily live with me while she receives supervised visits...doesn't that make her a flight risk? what if she doesn't show up what might the judge be able to say to me this time that she has been served? is there anyway i can try to disagree with him and fight before he dismisses me off fast again like he did last time? I would really appreciate any advice i receive and thank you all in advance.

If she doesn't show up this time, she will be held in contempt.

Your son is 4 months old and he hasn't seen you for half his life. How can it be in the best interest of the child to primarily live with someone they don't know? Babies need stability and routine. The best thing for the baby is not to be uprooted unless the mother is some kind of criminal child abuser.

What are your visitation days? Why don't you go to where the child is and try to exercise your visitation there? How far away did she move? The most important thing at this point is that you maintain a relationship with him (or really, completely re-establish a relationship with him) so that he knows that you are there for him.

Don't feel like your hands are completely tied. The judge will seriously reprimand this woman. Maybe you should seek to modify the parenting plan in light of her new location? I mean, you could always file for custody of the child, but in my personal opinion, it would not be in the child's best interest.

Here's the problem.

The ACTUAL court order does NOT prevent Mom from leaving the state with the child. Now, if she's withholding visitation, you can try and file on that basis but honestly? Given your recent history with Mom I can see the Judge just slapping her hand and telling you both to figure out a long-distance parenting plan which incorporates Mom's new State.

Is it fair? No, likely not.

What you DON'T want to do is pick a fight with the Judge. You can also request that she is held at least 50% (if not 100%) responsible for travel costs.

Your chances of getting physical custody would appear to be slim - he's only 4 months old and you haven't seen him for half of his life.

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Or I coulda just typed, "what shortie said" :D

Thanks guys...but thats the problem...i would have been seeing him if she didnt leave but she did i was around my son everyday and did everything for him she even admitted it to the judge and when i told the judge she would be leaving he told her she couldnt leave and she swore on everything under the sun that she wouldnt leave and the judge apologized to me like 6 times last court date because he said he shouldve listened to me...and she is in florida thats 2 far to travel 2 times a week for 6 hours a day i dont understand y she wouldnt get in trouble

Lke I said before, you should seek to modify the parenting plan to get visitation more suited for long distance. No one said she wouldn't "get in trouble." She may have a contempt charge and be reprimanded.

And like Dogmatique said, you should seek to make her 50% responsible for your travel costs.

Ok ill do that thanks