Custody advice

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  • #53335 Report

    Tman360
    Participant

     

    Background: I split with my ex on amicable terms until i met somebody else and she then on and off threatened to take my rights away to see my son. She is a ticking time bomb and I have to hope she doesn’t take my son away or shorten my time with him. Time has passed and she decided the best plan was I see my son every other weekend Friday 6pm – Sunday 3pm. She has blocked my number so the only contact I have is through her father. I work full time, not an alcoholic or anything like that, I am just a Dad wanting to see his son more.

     

    I understand fathers rights seem to get ignored in court so I wanted some advice. I want to see our son one day during the week extra as part of the “schedule” to which she declined. I want to take her to court so i can try see my son more but I am worried that until the court date she will stop all my custody rights and I may end up not seeing my boy for months on end to just having the same rights as before.

     

    What is the likelihood of the kind of custody I would get?

    #53357 Report

    boyce57
    Participant

    You’ve every right to see your son and your ex has no right to dictate when you can see or have him given equal parental rights. Next time you have him just don’t return him assuming no existing court order is in place and tell her your catching up on lost time.

    Also if it goes to court you can ask for equal day to day care with equal nights as well as along as you can both evidence you are capable to support the children accordingly.

     

    I have equal day to day care but not because I had to ask through the court but because I made sure I had it from day one then when the ex went to court to try get every other weekend she pulled out the hearing as she got told it could go against her.   It’s all about the children’s best interest…period!

    #53397 Report

    steve3334
    Participant

    hi,

    if your work is flexible and your able to see the children more, then I think you should take it to court to seek more time with the kids. until you take legal route, she will likely dictate or change the arrangements whenever it suits her. and yes there is the risk of her stopping all contact if you take it to court. but that will look terrible on her. I think it’s a risk worth taking if you will get a decent arrangement with the courts help. because your ex refuses to communicate with you directly, then it will be unlike to be a 50/50 arrangement. you could look at getting extended time, if your able to do school runs. also depending on how far you live from the kids will affect amount of contact you get. how far away do you live from them?

    #53453 Report

    Tman360
    Participant

    Thank you for both your advice. I live 10 mins down the road. I will seek legal action and seek the costs.

     

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