Dad being kept away from child

Submitted by Iwant2beafather on Wed, 09/26/2012 - 11:32

HI, I am in desperate need of advice for my next step.  My ex and I split up about a year ago.  A protection order was put in place against me but we didnt go to court for custody or support.  A couple months ago we went to court and she dropped the PFA. We have been civil and I was getting my son every weekend. Last week we had gotten into an arguement over the telephone about me having my son a few extra days during the week.  Next thing I know I am served with another protection order by the cops this past Monday night and I dont even understand why or how she can just get a protection order over a telephone conversation.  I didnt threaten her, we did argue about me having him more than every weekend. I told her it wasn't enough.

I believe that filing for custody is the right thing to do, but I'm not sure at the same time. We go to court Friday for the protection order it is the same judge as before.  Last time he asked her what she wanted to grant me and she said every weekend so that's what was granted to me.  I haven't seen him in 2 weeks now and I miss him!!!!!   My fear is that she will keep him from me until the court date if I file for some type of custody.  I cannot live without seeing my son every week he is my world.  What is the right thing for me to do?  Should I go file for custody before Friday?



Wed, 01/16/2013 - 14:23

How is it going for you?  FPA's are easily given and bad for your record so you need to be prepared before you go to a hearing.  Stand up for your rights.  Come to a meeting so we can go over the details and help.

Every weekend is a good thing.  If you have a custody order stating every weekend, then you can go to the court and ask them how to get that enforced.  You can file a petition for contempt and custody modification.  Write the problem and ask for more than every weekend like 50/50.