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  1. #1

    Default Re: Will I Get My Son Back

    How long does it take a establish a status quo? And they'll disregard my 5 years only after a few months?

    Wow that is horrible.

  2. #2
    Join Date
    Feb 2011
    Location
    Virginia
    Posts
    604

    Default Re: Will I Get My Son Back

    Quote Quoting caliodar
    View Post
    How long does it take a establish a status quo? And they'll disregard my 5 years only after a few months?

    Wow that is horrible.
    The "how long has it been" question is extremely important. Since the beginning of the school year? That's 6 or 7 months. You should have done something before now.

    And I'm confused why you didn't go get him in the first place?

  3. #3

    Default Re: Will I Get My Son Back

    If I thought he'd come with me I would've picked him up. But he'll do whatever she wants at this point. He not under any threat of violence.

    Again I didn't think it would last so I waited longer than I should have it looks like. She took him in aug I filed in november.

    Thanks this helps.

    - - - Updated - - -

    In addition , she's asking for me to have child every other weekend and is asking for child support.

    Whats the odds I'll get less than 50% if she retains custody?

  4. #4
    Join Date
    Feb 2011
    Location
    Virginia
    Posts
    604

    Default Re: Will I Get My Son Back

    Quote Quoting caliodar
    View Post
    If I thought he'd come with me I would've picked him up. But he'll do whatever she wants at this point. He not under any threat of violence.

    Again I didn't think it would last so I waited longer than I should have it looks like. She took him in aug I filed in november.

    Thanks this helps.

    - - - Updated - - -

    In addition , she's asking for me to have child every other weekend and is asking for child support.

    Whats the odds I'll get less than 50% if she retains custody?
    What does your current order actually say about how much time each of you are supposed to have? Are you following it?

  5. #5

    Default Re: Will I Get My Son Back

    Current order doesn't specify a visitation schedule. Only states joint physical and legal.

    The reality was I had him full time for the last 5 years with sporatic visits and virtually no overnight stays with mother.

    I always encouraged them to see each other and always made him available to her.

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Will I Get My Son Back

    Then Mom is basically going to dictate. She has status quo on her side, and your court order is too vague to argue.

    You can try to obtain a literal 50/50 timeshare, but I wouldn't bet the bank on it.

    You've also got to be realistic - it's not "a few months". It's actually 6 months and yes, the difference can be important. On top of that, your son is 13. While his wishes do not control, if he's dead against living with you the court might just take his opinion into consideration.

  7. #7

    Default Re: Will I Get My Son Back

    Yeah that's what I'm afraid of.

    So just waiting around for court dates and mediation works in her favor huh?

    I didn't file an osc because she's tried it before and the judge denied her and told us to go to court/mediation. This was 3 years ago and she promptly returned him and we never went to court.

    Its sad because my son and I went from being bests friends to hardly talking...

    - - - Updated - - -

    And if I may...

    What would an expensive atty vs a regular priced atty get either one of us? I've retained counsel as well but man they're expensive to talk to. Lol

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