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She wont let me see my son... What do I need to know or say in court?

This is a discussion on She wont let me see my son... What do I need to know or say in court? within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; the mother of my child wont let me see my son unless i go over her house. my son is ...

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Old Jan 30th, 2013, 04:04 AM   #1
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Angry She wont let me see my son... What do I need to know or say in court?

the mother of my child wont let me see my son unless i go over her house. my son is 13mth and has never seen none of my family members. i cant take him out of her house. we got married in 2010 and a month into the marriage we decided it was a bad idea. so we lived seperate lives even though technically we are married. we had a son during all this and now she doesnt want me to be part of his life unless am with her. i filed for divorce and joint custody. she then replies saying i commited adultery, i neglected them and that i was violent to her and the baby. none of which is true. i was paying her child support, bought him gifts and visited him at her house because i had to see my son. we have a court hearing on the 7th. She will not come to no agreement with me to raise our son. whats do i need to do and what do i need to know or say in court. i cant afford to give her full custody.
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Old Jan 30th, 2013, 04:40 AM   #2
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Default re: She wont let me see my son... What do I need to know or say in court?

I wish to inform you that you may inform the court that the mother of the child does not let your family members meet with the child nor does she let you take the child out of her home. Your family may provide witness to support your viewpoint and showing their desire to meet with your son. Your friends, social workers, religious teachers, etc. may give evidence in your support of how much you love your child. You may show the bills for the purchase of gifts for your child and the payment receipts for child support. You may propose a child custody and child visitation plan from your side to the court. The court keeps in view the best interests of the child. The court always wants the child to grow up under the love and care of both the parents. The court will consider all the facts and decide the matter.

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Old Jan 30th, 2013, 06:25 AM   #3
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Default re: She wont let me see my son... What do I need to know or say in court?

Every state has their own individual and specific rules on joint custody, so be sure to contact an attorney. If there is no custody order in existence, then you will either file a motion for joint custody by itself or include it within your petition for divorce. You must file your petition with the clerk of court in the proper state or district court. Pay a filing fee. Serve notice. Once the other parent has an opportunity to file a response to your petition, the parties will often enter into mediation. Some courts mandate that the parties attempt to resolve custody disputes through mediation. If no compromise is reached, the parties will have to go before a court and present evidence and testimony as to why it is in the best interest of the child that a joint custody arrangement be ordered. At the close of the evidence, the judge will make a decision.
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Old Jan 30th, 2013, 10:26 AM   #4
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Default Re: She wont let me see my son... What do I need to know or say in court?

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Originally Posted by traciess View Post
the mother of my child wont let me see my son unless i go over her house. my son is 13mth and has never seen none of my family members. i cant take him out of her house. we got married in 2010 and a month into the marriage we decided it was a bad idea. so we lived seperate lives even though technically we are married. we had a son during all this and now she doesnt want me to be part of his life unless am with her. i filed for divorce and joint custody. she then replies saying i commited adultery, i neglected them and that i was violent to her and the baby. none of which is true. i was paying her child support, bought him gifts and visited him at her house because i had to see my son. we have a court hearing on the 7th. She will not come to no agreement with me to raise our son. whats do i need to do and what do i need to know or say in court. i cant afford to give her full custody.
The best thing you can do is consult with a family law attorney so you have a proper petition and can present your best case. The violence allegations are serious.

Each state has parenting plans so you could probably find a few sample ones online. Visitation is graduated, based upon the child's age. The mother, with her non sharing attitude needs to be set straight for your child has a right to spend time with you, get to know and be parented by his dad.
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Old Jan 31st, 2013, 01:10 AM   #5
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Angry Re: She wont let me see my son... What do I need to know or say in court?

I got a lawyer. Everyone keeps telling me not to worry about anything. That everything will be ok. But she is so spiteful that i dont know what will happened. She wont come to an agreement before we go to court because i think she thinks that the judge will grant her full custody, alimony, and child support. I dont know how the alimony works but am guess the reason she lied that i was violent to her, commit adultery was for her to be awarded alimony. And she said i was violent to the baby which is why she is filing for full custody. I have never laid hands on no one especially my son. He has been under my insurance since he was born, i have been paying her the money she requested until she increased it and i told her i will only pay if i can come and pick him up which she refused. So i made up my mind that i will not go over there and i went to court to file for divorce and joint custody because everytime i went to see my son she starts an argument. and i didnt like the arguing around him. I have all the text messages that i sent to her asking if i can come pick up my son and she said no that i can only come over her house to see him. The only reason she is doing all this is because she knows am done with her. So the only thing she knows she can get me with is keeping my son away from me. Please if anyone can give me information, ideas, tips anything that i can use in court on Wednesday please provide it for me. I am really hoping when we go to court her true colors will come out .
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