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  1. #1
    Join Date
    Feb 2011
    Location
    Virginia
    Posts
    604

    Default Re: Will I Get My Son Back

    Quote Quoting caliodar
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    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?

  2. #2

    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.

  3. #3
    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.

  4. #4

    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

  5. #5
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Will I Get My Son Back

    I've known demon attorneys who will fight to the death....and who happen to be pro bono. I've known attorneys who won't even break wind for less than $750 and go on to lose your case on your behalf.

    He is already enrolled in the new school, correct? I know you don't want to see it that way, but you more or less told the court that you were fine with that. Wanting to reverse that and go back to the way it was is something the court would rather not happen.

  6. #6

    Default Re: Will I Get My Son Back

    Hate beat a dead horse but....

    In case it wasn't clear I wasn't okay with it. He went her house for the weekend the school near her started a week earlier than mine and she enrolled him without my permission... Does that not have any bearing?

  7. #7
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Will I Get My Son Back

    Quote Quoting caliodar
    View Post
    Hate beat a dead horse but....

    In case it wasn't clear I wasn't okay with it. He went her house for the weekend the school near her started a week earlier than mine and she enrolled him without my permission... Does that not have any bearing?
    It would have had incredible bearing had you immediately gone to court about it...and on an emergency basis. However, you didn't do that. You let it go on for months.

    Step back for a minute and try to understand what you allowed to happen. You allowed mom to establish status quo. You did not object to what mom did until months later. At this point, your only hope of changing the situation is to prove that your son is NOT thriving in mom's care. Have his graded dropped? Is he getting into any trouble? The potential alienation could be significant, but you need more than that.

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