My ex refuses to let me see my son

[radovr6]

Florida

This is more or less me venting but if anyone has input I am all ears!!!

My custody order has me getting my son on Monday evening till Wednesday evening and Friday from 3:30pm till 8:30pm. Now for the last two years we have not been following the court order. We (his mother and I) had a verbal agreement that I would pick my son up after school and on Monday/Tuesday i would keep him till 7:30pm, Wednesday/Thursday till 5:30pm, Friday till 9pm and Sunday from 3pm to 7:30pm. The other day I had Friday and Saturday off from work so we agreed that my son would spend the night with me those nights.(Mar 27,2009 to Mar 29. 2009) When my son got home on Sunday morning his mother started questioning him about his stay with me. My son told her that my gf had spent the night and he had to sleep in his nanna's bed. This pissed her off because in my house my sons bed is in my room and she felt like i kicked him out of his bed. This couldn't of been further from the truth. I had a couple people over Saturday night along with my girl we had a few drinks and she was not going to drive home. I gave her my room and my son and I slept in the other room. So because of this situation my ex has refused me seeing my son for the past 7 days. Mind you my ex has had plenty of guys spend the night at her house while my son has been there and I have never said a word. I said all that to say this she is using my son as a pawn to control who I am with and what I do in my own house. She wants me to get back together with her. She figures if she refuses to let me see my son that when she offers to finally let me see him like she did last night (April 4,2009) that I will let her hang out with us like she wants. I refused her to hang out with me and my son so she took him crying from my arms and left. She wouldn't leave him at my house alone. The only way he could stay is if she could. Proof that she is using him as her pawn to wiggle her way back into my life. Which I won't allow to happen!!!!!

My son is my life everything I live for and she has taken him from me. And on behalf of all FATHERS out there who this is happening to I am not Giving up I WILL FIGHT!!! Till I am penniless or WIN!!!!

[Military273]

well if all you say is true... all you have to do it call up the court and tell them she isn't following the court order.. Simple as that and you win. Its easy...unless your leaving out details and what not, but thats for you to know of course.

Just call the court, be a good father and dont "piss" off your son, because its always the childs choice and she and the court and use him against you as horrible as that is.

[radovr6]

Everything I have wrote is the Gods honest truth. No reason to write it all out and ask for advise if I leave stuff out. My son is only five so I don't know if he has a choice quite yet however if he does no matter what she says he is a daddys boy through and through so I know what he would choose. Thank you for your response. I am going to get a lawyer tomorrow and hopefully things will work out the way I would like them to.

[tbyte]

She has violated the court order. It is a simple matter to file a motion requesting that she be held in contempt. Along with this motion, you should also file a motion requesting a change in visitation and custody, giving you 50/50 shared parenting. You will need to document (e-mails, letters, etc...) that the two of you have been following a more equitable visitation schedule than was ordered by the court, and that this is the schedule to which your son is accustomed.